Terms & Conditions

PLEASE READ THESE Terms of Service ("Terms of Service") CAREFULLY. THESE Terms of Service ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND turnbuddy  ("turnbuddy " OR "WE"). BY REGISTERING FOR AN ACCOUNT, OR OTHERWISE USING, ACCESSING OR VISITING THEturnbuddy WEBSITE, CURRENTLY LOCATED AT WWW.turnbuddy.COM, (THE "SITE") OR USING THE APPLICATION LOCATED AT WWW.turnbuddy.COM/APP OR ANY DATA, CONTENT OR SERVICES PROVIDED ON, FROM, OR THROUGH THE SITE OR THE APPLICATION(COLLECTIVELY, THE "SERVICES"), YOU AGREE TO ABIDE BY, AND INDICATE YOUR ACCEPTANCE TO, THESE TERMS OF USE, AS WELL AS OUR PRIVACY POLICY, AVAILABLE ON OUR SITE AND SERVICES. IF YOU DO NOT AGREE TO THESE Terms of Service OR THE PRIVACY POLICY, THEN DO NOT USE THE SERVICES.

 

1. MODIFICATION OF TERMS

turnbuddy reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services. 

            

2. ELIGIBILITY TO USE THE SERVICES

The Site,apps and Services are intended solely for persons who are 13 years old or older. Any access to or use of the Site and Services by anyone under the age of 13 is expressly prohibited. By accessing or using the Site and Services you represent and warrant that you are 18 years old or older or, if younger than 18 years old, are at least 13 years old or older and have a parent's or legal guardian's permission to access or use the Site and Services.

 

3. THE SERVICES

turnbuddy provides its users the ability to manage and maintain their profile in an innovative, friendly and easy way. In addition, turnbuddy offers the ability to measure profiles and launch ' campaigns. If you wish to use turnbuddy services and abilities by using the Services you understand and agree that we may store the content and/or materials you provide to us and may make it available to other users of your profiles through the Services and you hereby give turnbuddy permission to do so. You hereby agree that any content and/or materials you submit to turnbuddy while using the Services may be stored by turnbuddy. We reserve the right, in our sole discretion, to modify, discontinue or terminate any part of the content and/or materials submitted by you at any time without prior notice. You agree that we shall not be liable to you or any third party for any such modification, discontinuance or termination. In addition, we reserve the right to terminate your access to any part of the Services and/or content and/or materials for any reason at any time.

The turnbuddy Service is designed to analyze data from your activities (including messages, data or other content that you may upload or post) on social networking sites and services to measure your online social influence (your "turnbuddy Score") and expertise in particular areas of interest (your "turnbuddy Topics"). The turnbuddy Service will access publically available information from such social networking sites and services and collect data that is authorized by registered users that is then used to generate turnbuddy Score and turnbuddy Topics ("turnbuddy Data"). turnbuddy does not analyze your personally identifiable non-public data unless you give us explicit permission to do so (such as when you sign into the Service using Facebook etc.). 

You may be required to register with the turnbuddy in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.

If you are an advertiser: turnbuddy reserve the right to refuse any promote request if promotional image does not adhere to turnbuddy's terms and use or privacy policy or to turnbuddy's opinion; You can't connect with without using turnbuddy's platform or you don't allow to offer to connect not in turnbuddy's platform in any time. If you are an turnbuddy user and you want to promote brands: You must own and have admin privileges to the account you are promote posts on;You must notify turnbuddy if you are unable to post or if the request from the advertiser conflicts with your ad policies within 24 hours of receiving the order; you must NOT modify, change or otherwise edit the caption and media attachment of the request order. It's better to cancel the order and notify turnbuddy;

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Applications, Services and Collective Content.



4. OWNERSHIP OF CONTENT

Certain types of content are made available through the Site and Services. "turnbuddy Content" means turnbuddy proprietary content, including but not limited to, turnbuddy trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content (as defined below, respectively). The Site, Services and turnbuddyContentare protected by intellectual property and other laws of the State of Israel, the United States and foreign countries. Except as expressly provided, turnbuddy and its licensors reserve all right, title and interest in and to the Site, Services andturnbuddy Content, including all associated intellectual property rights. You do not obtain any ownership rights in anyturnbuddy Content or Services or parts thereof by virtue of your use of the Services.You agree not to remove, alter or obscure any copyright, trademark, servicemark or other proprietary rights notices incorporated in or accompanying the Services or the turnbuddy Content. turnbuddy claims no ownership interest in any Third Party Materials and User Content and expressly disclaims any liability concerning the same.

 

5. USE OF SITE, APPS, SERVICES AND turnbuddy CONTENT

turnbuddy hereby grants you permission to access and use the Site, apps Services and the turnbuddy Content, subject to these Terms of Service, provided that:

(i)            You may access and use the Services for your personalor professional use only and solely as intended through the provided functionality of the Services and as permitted under these Terms of Service.

(ii)          Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Site, apps, Services or the turnbuddy Content without turnbuddy's prior written authorization, unless and solely to the extent turnbuddy makes available the means for embedding any part of the Service or theturnbuddy Content.

(iii)        Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Site,apps, Services or the turnbuddy Content.

(iv)        Unless expressly permitted, if you embed any part of the Service or the turnbuddy Content, you may not alter, modify or block any portion or functionality of the embedded part, including, without limitation, and any links back to the Site or other third parties' websites.

(v)          You agree not to avoid, by pass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by turnbuddy or any other third party (including another user)to protect the Site,apps, Services and turnbuddy Content.

(vi)        You agree not to decipher, reverse engineer, decompile or disassemble the Services or the turnbuddy Content, in whole or in part, or authorize a third party to do so.

(vii)      You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Site, Services or turnbuddyContent, or any portion thereof, unless and solely to the extent turnbuddy makes available the means for embedding any part of the Site, Services or turnbuddy Content.

(viii)    You agree not to access, tamper with, or use non-­public areas of the Site,apps and Services, turnbuddy's computer systems and infrastructure.

(ix)        You agree not to use the Site,apps, Services or turnbuddy Content for any commercial purpose, including, without limitation, the sale of advertising, sponsorships or promotions.

(x)          You agree not to use any meta tags or other hidden text or metadata utilizing a turnbuddy trademark, logo URL or product name without AutoPage's express written consent.

(xi)        You agree not to impersonate or misrepresent your affiliation with any person or entity.

6. USER CONTENT

If and to the extent that you elect to submit and make publicly available (or allow turnbuddy to do so on your behalf)to other users,any text, images, photos, graphics, sounds, music, videos, audiovisual content, hypertext links data, and other materials or content via the Site and Services or apps (the "User Content"), you hereby agree, represent and warrant that:

(i)            You are solely responsible for, and assume all liability and consequences regarding, the User Content you submit.

(ii)          turnbuddy is granted a worldwide, non-­exclusive, perpetual, irrevocable, royalty-free, sublicenseable,assignable and transferable license, without obligation, to use, copy, reproduce, alter, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public, including without limitation the right to include, append, integrate, embed, and to format or otherwise adapt or exploit (collectively, "Use")your User Content only on, through or by means of the Site and Services.

(iii)        turnbuddy is not obligated to publish any User Content, and reserves the right to remove any User Content from the Services at any time for any reason, and is not obligated to pay you in connection with your User Content.

(iv)        You either are the sole and exclusive owner of all User Content that you submit or make available through the Site or Services, or you have all rights, licenses, consents and releases that are necessary to grant to turnbuddy the rights in such User Content as contemplated under these Terms of Service.

(v)          Not to access, post, submit, upload or transmit any User Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party Materials; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) isinaccurate,fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, vulgar, offensive, shocking,threatening, abusive, harassing,or objectionable; (e) constitutes pornography, pedophilia or child erotica; (f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (g) is violent or threatening or promotes violence or actions that are threatening to any other person; (h) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); or (i) introduces viruses, timebombs, worms, cancelbots, trojan horses and/or other harmful code.

(vi)        You agree that no payments of any kind shall be due to you and/or any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

turnbuddy does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to Use any such User Content.Notwithstanding the above, you hereby acknowledge and agree that turnbuddy shall not be liable for any Use of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

You further acknowledge that turnbuddy has no obligation to monitor your access to or Use of the Site, Services orturnbuddy Content or to review or edit any User Content or Third Party Materials (as defined below), but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. turnbuddyreserves the right, at any time and without prior notice, to remove or disable access to any turnbuddy Content, Third Party Materials and User Content, that turnbuddy, in its sole discretion, considers to be in violation of these Terms of Use or the Privacy policy or otherwise harmful to the Site or Services.

 

Yougive your express permission that by submitting User Content to the Site and/or Services, you are granting to the general public (for each such User Content available on the Services), permission to Use your User Content in as permitted by these Terms of Service and by any applicable Terms of Service of the social network platform on which your profile is available, as amended from time to time. The licenses granted in the preceding sentences for a User Content will terminate at the time you completely remove such User Content from the Services or the Site, provided that, such termination shall not affect any licenses granted in connection with such User Content prior to the time you completely remove such User Content. No compensation will be paid with respect to the Use of your User Content.

 

7. USE OF USER CONTENT

If you wish to Use any User Content you agree to be subject and bound by all terms and conditions set forth herein and in any applicable terms of use of the social network platform on which such User Content was made available.

 

8. THIRD PARTY MATERIALS

You may be able to access, review, display or use third party services, resources, content, information or links to other World Wide Web sites or resources ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, andturnbuddy disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that turnbuddy: (a) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Site and Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by turnbuddy of Third Party Materials or any such third party services.

These Terms of Service do not authorize you to, and you may not Use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of turnbuddy's rights and remedies under these Terms of Service and/or under law, turnbuddy will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not Use any Third Party Materials for which you have not obtained appropriate permission to Use. turnbuddycannot grant permission to Use third party content.

 

9. COPYRIGHT INFRINGEMENT AND DMCA POLICY

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright holders who believe that material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Site and/or Services infringe upon your copyright, you may send us a notice requesting that we remove or block such materials or disable access thereto. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Seehttp://www.copyright.gov for more details. All notices and counter-notices should be sent via e-mail to support@turnbuddy.com.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. Identification of the URL or other specific location on our Site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

 

 

 

 

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

By e-mail: support@turnbuddy.com

By phone: +972-544909028

 

10. turnbuddy PRIVACY POLICY

By using the Services you acknowledge and agree to become subject to turnbuddy's Privacy Policy located at http://www.turnbuddy.com/privacy, which is hereby incorporated into by reference and made part of these Terms of Service.The Privacy Policy provides information and notices concerning turnbuddy's collection and use of your personal information. If you have any questions about the turnbuddy Privacy Policy, please contact us at support@turnbuddy.com.

 

11. MEMBER ACCOUNT, PASSWORD AND SECURITY

In order to submit and publish User Content via the Site and/or Servicesand in order to use certain portions or functionalities of the Site and Services, you may be required to register for a user name and password or connect via InstagramConnect  (a "turnbuddy Account"). You are responsible for maintaining the confidentiality of your turnbuddyAccount credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify turnbuddy immediately of any unauthorized use of your turnbuddy Account credentials or any other breach of security with respect to your turnbuddy Account and ensure that you exit from your account at the end of each session. turnbuddy will not be liable for any loss or damage arising from unauthorized use of your turnbuddyAccount credentials or failure to comply with your obligation to maintain your own security and privacy.

You agree to provide accurate, current, complete, and non-misleading information to turnbuddy in connection with your creation of a turnbuddy Account and during your Use of the Site and Services. turnbuddy reserves the right to suspend or terminate your access to the Site and Services if any information provided to turnbuddy in connection with your turnbuddyAccount or Use of the Site and Services proves to be inaccurate, not current, incomplete or misleading.

You further agree that turnbuddy may refuse access to the Site and/or Services or may terminate your turnbuddy Account without notice for any reason, including, but not limited to, a suspected violation of these Terms of Service, illegal or improper use of your turnbuddy Account, or illegal or improper use of the Services, User Content or turnbuddy Content, as determined by turnbuddy in its sole discretion, without responsibility on the part of turnbuddy for any damages that may result from the foregoing. You acknowledge that turnbuddy is not required to provide you notice before suspending or terminating your turnbuddy Account. As such, you should take care to preserve the originals of any UserContent you submit and/or upload to the Site and/or Services. You should have no expectation that any UserContent will always be available through the Services. Do not rely upon the Services as a storage space for such content.

 

12. PAYMENT

Access to the Services and Use of selected features of the Services isn't currently free of charge, except turnbuddy app. turnbuddy may, at its sole discretion, change this policy and begin charging for access to the Services and other features and services, and turnbuddy user may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) turnbuddy charges at any time. turnbuddy is not responsible for any charges or expenses you incur resulting from being billed by turnbuddy in accordance with these Terms of Service. If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to turnbuddy storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by notyfing us in writing to: support@turnbuddy.com. Any calcellation will enter into effect within thirty (30) days from the receipt of said written notice by turnbuddy . All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services expire immediately within three (3) business days from receipt of your written notification of cancellation or termination.You also acknowledge that turnbuddy 's Premium Services are subject to theseTerms of Service.

 

13.FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions to us regarding theSite and/or Services ("Feedback") by emailing us at support@turnbuddy .com .You hereby agree that all Feedback provided to us is provided on a non-­confidential basis (irrespective of anything to the contrary you may include in any communication accompanying or associated with such Feedback), and by providing any Feedback, you agree to grant turnbuddy and its successors a worldwide, non-­exclusive, perpetual, irrevocable, royalty-­free, sublicensable and transferable license to use, copy, reproduce, alter, modify, create derivative works of, distribute, publish, display, perform, transmit, stream, broadcast or otherwise exploit your Feedback without limitation and without the right to receive any compensation therefore whatsoever.

 

14. COMPLIANCE WITH LAWS

By using the Site and/or Services you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable contents. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and to comply with any other local laws affecting the transmission or posting of your contents or affecting the privacy of persons.

 

15. INDEMNITY

You agree to defend, indemnify and hold turnbuddy , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any and all claims, liabilities, damages, losses, expenses or demands, including reasonable attorneys' fees, made by any third party due to or arising out of or in any way connected to any User Content you submitted to the Services or the Site, your access to or use of the Services or the turnbuddy Content, your violation of these Terms of Service, or your violation of any rights of another, including without limitation any infringement of any intellectual property.

 

16. TERM AND TERMINATION

Without limiting any other remedies available under these Terms of Service and/or any applicable law, turnbuddy may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, turnbuddy may notify authorities or take any actions it deems appropriate, without notice to you, if turnbuddy suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Service or any policies or rules established by AutoPage; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, turnbuddy users, turnbuddy or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Service, you may stop using the Site and Services at any time.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all rights granted to you by these Terms of Service will immediately cease. turnbuddy will not be liable to you or any third party for termination of the Site or Services or termination of your use thereof. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to turnbuddy under these Terms of Service (including, without limitation, proprietary rights, ownership of turnbuddy Content, indemnification, and limitation of liability), which by their nature and context are intended to survive and do survive such suspension, termination or cancellation.

 

17. PROPRIETARY RIGHTS

You acknowledge and agree that the Services, and any know-how, methodologies, equipment, or processes used byturnbuddy to provide the Services, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of turnbuddy.

All trademarks, service marks, logos, trade names, and any other proprietary designations of turnbuddy used herein are trademarks or registered trademarks of turnbuddy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY  UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE,SERVICES, ANYUSER CONTENTAND THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY LAW,turnbuddy , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTSEXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTED ENJOYMENT ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, IN CONNECTION WITH THE SITE,SERVICES, ANY USER CONTENT AND THIRD PARTY MATERIALS AND YOUR USE THEREOF; (B) turnbuddy MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE SERVICES OR ANYUSER CONTENTOR THIRD PARTY MATERIALS WILL BE ACCURATE, COMPLETEOR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OR AS A RESULT OF OR IN CONNECTION WITH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN CONNECTION WITH THE SERVICES WILL BE CORRECTED; (C) turnbuddy ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,SERVICES, ANY USER CONTENT OR THIRD PARTY MATERIALS, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (III) ANY CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND SERVICES, (IV) ANY BUGS, VIRUSES, TIMEBOMBS, WORMS, CANCELBOTS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE,SERVICES, ANY USER CONTENT OR THIRD PARTY MATERIALS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

 

19. LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, ANYUSER CONTENT AND/OR THIRD PARTY MATERIALS THEREIN REMAINS WITH YOU.YOU FURTHER ACKNOWLEDGE AND AGREE THAT turnbuddy , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSSHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES (EVEN IFturnbuddy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH THESE Terms of Service OR FROM THE USE OF OR INABILITY TO USE THE SITE,THE SERVICES, ANY USER CONTENT OR THIRD PARTY MATERIALS THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)OR OTHERWISEAND WHETHER IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT turnbuddy IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE Terms of Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.IN NO EVENT SHALL turnbuddy 'S AGGREGATE LIABILITY ARISING OUT IN ANY WAY RELATING TO THIS TERMS OF USE OR IN ABILITY TO USE THE SITE, SERVICE, ANY USER CONTENT OR THIRD PARTY MATERIALS THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE.IN CASE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, LIABILITIES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND turnbuddy , AND turnbuddy 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT turnbuddy WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

 

20. ASSIGNMENT

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without turnbuddy 's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect.turnbuddy may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

21. NOTICES

Notices to you may be made via either e-mail or regular mail. turnbuddy may provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Site and/or via the Services. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

22. GENERAL INFORMATION

These Terms of Service represent the entire agreement between you and turnbuddy relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between you and turnbuddy with respect to the subject matter hereof. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Serviceto the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The heading references used in these Terms of Service are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof. The failure of turnbuddy to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of turnbuddy. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. There are no third-party beneficiaries of these Terms of Service unless provided expressly herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and turnbuddy as a result of these Terms of Service or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and turnbuddy other than pursuant to these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services or Third Party Materials.

 

These Terms of Service will be governed by, construed and enforced in accordance with the laws of the State of Israel, without regard to its conflict of laws provisions.The Parties agree that the United Nations Convention on the International Sales of Goods shall not apply to this Agreement. Any dispute action, suit or proceedings arising with respect to these Terms of Service shall be resolved by negotiation between the parties or, if necessary, by resort to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel, to the exclusion of all other jurisdictions. You expressly waive any right to pursue any claim against turnbuddy relating to these Terms of Service in any forum or venue located outside of the State of Israel.In the event of the filing of any such claim, you agree to transfer such filing to any appropriate or available forum or court in Tel Aviv, Israel, at our sole discretion. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.