THIS END USER LICENSE AGREEMENT (THIS "EULA") IS A BINDING AGREEMENT. BY INSTALLING OR USING THE SELFIT APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, DO NOT INSTALL OR USE THE SELFIT APPLICATION. IF THIS APPLICATION IS ALREADY INSTALLED ON YOUR DEVICE, UNINSTALL IT IMMEDIATELY.
1. Grant of License – NexStop Media, Ltd. ("Licensor") provides an augmented reality video application for mobile devices (the "Application"). Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable license to use the Application. Licensor reserves the right to update or modify the Application at any time, from time to time in its sole discretion, including without limitation to increase or change functionality of the Application.
2. Representation Concerning Age - You represent and warrant that you are least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Application.
3. Restrictions - You may not, nor may you assist other parties to, (a) except as expressly permitted herein, use copy, modify, or create derivative works of the Application or part thereof, (b) distribute or transfer the Application or part thereof or sublicense your right to use the Application hereunder, (b) reverse-engineer, disassemble, or attempt to derive the source code of the Application or part thereof, or (c) attempt to disable or circumvent any security or access control mechanism of the Application.
4. Ownership - You have no ownership rights in the Application. Rather, you have a license to use the Application only so long as this EULA remains in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with Licensor or its licensors. All rights not granted to you herein are reserved to Licensor or its licensors. Any references to the sale or transfer of the Application herein or in any other communication between Licensor and you shall mean only the license of the Application pursuant to the terms and conditions of this EULA. You have no obligation to provide us with any feedback concerning the Application. Nevertheless, if you provide us with any feedback concerning the Application, you also provide us with a non-exclusive, perpetual license to make all uses of such feedback.
6. Content: A. As used in this EULA, the term "Content" means all content on or made available through the Application, including but not limited to any conversations, chats, videos, or pictures you or any other user may make available through the Application. You are fully and solely responsible for any Content you make available through the Application, and represent and warrant that such Content complies with all applicable law and does not infringe third-
party intellectual property rights. Licensor has no obligation to accept, display, review or maintain any Content. Moreover, Licensor reserves the rights to remove and permanently delete any Content, including any Content of any user, without notice and for any reason. Content comes from a variety of sources. You understand Licensor is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to this EULA, it is possible that users (including unauthorized users) may post or transmit offensive or obscene materials to which you may be involuntarily exposed, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Licensor with respect to thereto. Licensor disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users). Licensor does not endorse any content or any opinion, recommendation, or advice expressed in any Content, and licensor expressly disclaims any and all liability in connection with content.
B. You may not, or assist other parties to:
1. Use the Application or any Content to disparage, threaten, harass, intimidate or
2. Post, distribute, or make available or transmit any Content containing obscenity, or
3. Post, distribute, or make available or transmit any viruses or other malicious software
4. Make available any Content that infringes or violates the contractual, intellectual
5. Use the Application to send advertising, commercial communications, or spam, or for
6. Conduct or promote any illegal activity through the Application.
8. Storage - The Application is not a data storage mechanism, and you shall not rely on the Application for the storage of any videos, data or other Content. If this EULA is terminated or Licensor decides to cease provision of the Application, you and third parties may lose all access to any Content that you have made available through the Application. There is no way currently for the user to back up or save Content from the Application.
9. Warranty Disclaimer - The Application is provided "AS-IS". Licensor and its licensors expressly disclaim any warranties with respect to the Application and any Content available through the Application, including without limitation, any statutory or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Licensor does not abuse anyone or promote violence; pornography;though the Application; property, moral rights or other rights of any party; any other telemarketing purpose; or warrant that the Application will meet your requirements, that the operation of the Application will be continuous or error-free, that the Application will operate as intended or at all under all conditions, or that any defects in the Application will be corrected by licensor. The Application is not fault-tolerant and is not designed, manufactured or intended for use with high risk activities.
10. Indemnification - You shall defend, indemnify and hold Licensor, its affiliates, employees, officers, directors, contractors and agents harmless from and against any and all claims, losses, liabilities, costs and expenses directly or indirectly arising out of or connected with
A. Your breach of any provision of this EULA, or any representation or warranty made by you herein;
B. Your use of the Application and any Content made available by you; and
C. Any third party allegations (even though such allegations may be false, fraudulent or groundless) regarding (a) or (b) above.
11. Limitation of Liability - In no event shall Licensor or its licensors be liable to you or any other entity for indirect, special, incidental or consequential damages (including, but not limited to, loss of profits, loss of data or loss of use damages) as a result of the Application or any Content, even if licensor has been advised of the possibility of such damages or losses. Licensor's (and its licensors) liability for the Application, any Content, or under this EULA shall not exceed amounts actually paid by you to Licensor for the use of the Application. As such, if you have not made any payments to Licensor for the use of the Application, Licensor shall not have any liability to you.
12. Termination - Licensor may suspend or terminate your account or this EULA at any time and for any reason at Licensor's sole discretion, including if (i) you violate its terms, including by displaying or transmitting infringing or illegal material; (ii) Licensor is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) Licensor decides in its sole discretion to cease offering the Application. Upon termination, you must immediately cease use of the Application. Sections 2-13 of this EULA shall survive the termination or expiration of this EULA for any reason.
13. Infringement - Licensor respects the intellectual property rights of others and expects its users to do the same. Licensor will remove all infringing Content if properly notified that it infringes third party copyrights, and may do so at its sole discretion, without prior notice to users at any time. Under the United States Digital Millennium Copyright Act of 1998 (the "DMCA"), it is Licensor's policy to respond expeditiously to copyright owners who believe Content infringes their rights. Licensor reserves the right to remove any Content without prior notice to you, any other user, or any third party. If you believe that Content made available through the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Notices and counter-notices may be sent to our copyright agent at firstname.lastname@example.org. It is Licensor's policy that in appropriate circumstances the account of users who have committed multiple infringements shall be terminated.
14. Controlling Law - This EULA shall be construed, interpreted and governed by the laws of the State of Israel without regard to conflicts of law provisions thereof. Any action, suit or other proceeding arising under or relating to this EULA shall be brought in a court of competent jurisdiction in Jerusalem, Israel and the parties hereby consent to the sole jurisdiction of such courts. This EULA constitutes the entire agreement between the parties hereto. Any amendment or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its provisions and the remainder of this EULA shall remain in effect. You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You also agree to waive the right to litigate disputes in court before a jury. Licensor may assign or transfer any of its rights or obligations hereunder without your consent. You may not assign any of your obligations or rights hereunder.