Terms of Use for Medidate System

1. General 1.1. Welcome to Medidate, a digital system containing a Website and Apps (hereinafter, jointly and severally, the "System"), as well as arranging other legal instruments and matters required by the law and upon their agreement between them and their users, using the System. 1.2. The System is the property of Appum Studios Ltd., a limited liability company registered under the laws of the state of Israel (hereinafter: the "Owners") and any use of it, made by you (hereinafter: the "User"), is subjected to the provisions of the Terms of Usage hereunder. 1.3. IN CASE YOU DO NOT AGREE TO ANY AND ALL OF THE PROVISIONS INCLUDED IN THESE TERMS OF USAGE, YOU SHOULD REFRAIN FROM DOWNLOADING, UPLOADING AND MAKING ANY USE OF THE SYSTEM. BY USING THIS SYSTEM, YOU HEREBY AGREE TO ITS TERMS. 1.4. THE OWNERS RESERVE THE RIGHT TO CHANGE THESE TERMS OF USAGE AND YOU UNDERSTAND AND AGREE THAT IF YOU USE THE SYSTEM AFTER THE DATE ON WHICH THE CONDITIONS HAVE CHANGED YOU ACCEPT UPON YOURSELF ITS VERSION AT THE TIME OF USAGE. 1.5. If you are under legal age (such as the age of 18 or 21, depending on your country/State) you may not use this System or perform any activity without the full consensual involvement of both/all your parents/legal guardians in each activity and after their consent to these Terms of Usage. By clicking "I Agree" you are confirming that they read and agree to all the provisions of these Terms of Usage. 1.6. YOU ARE HEREBY EXPLICITLY AGREE THAT THE OWNERS ARE TOTALLY EXEMPTED FROM ANY RESPONSIBILITY, DAMAGE OR INCONVENIENCE TO YOU OR OTHERS, REGARDING ANY ASPECT OF THE SERVICES, YOU ORDERED OR SUPPLIED OR OTHER ACTIVITY BY YOU OR OTHERS, OR ANY INTERACTION BETWEEN YOU AND ANY OTHER USER AND YOU TAKE ALL SUCH RESPONSIBILITY UPON YOURSELF ALONE. 1.7. This System may also not be construed as constituting any binding or implied undertaking to supply any goods or services or any (accurate) information or content and shall not apply any responsibility on the services and information provided, all of which you should verify by yourself before any binding connection between you and any other user or third party. 1.8. USING THE SYSTEM, AS WELL AS USING ANY INFORMATION, CONTENTS, PRODUCTS AND/OR SERVICES, IS AT THE USER'S SOLE RESPONSIBILITY. 2. The Terms of Usage 2.1. These Terms of Usage apply on whoever has made, is making and/or shall make use of the System. 2.2. These Terms of Usage apply to this System and any part hereof, including designs, source code, software modules and any other content of the System and/or which the System allows access to and/or their uploading or downloading, and they constitute an integral part hereof and of the System operation and/or services offered on it, with or without consideration. 2.3. In these Terms of Usage, any use of the masculine form or the feminine form is for convenience purposes only, and the provisions herein are intended to both men and women. Furthermore, any reference made to the singular shall mean to include the plural form as well and vice versa. 2.4. The provisions of these Terms of Usage are accumulative and/or substitutive and/or complementary, as relevant to the context. 3. Registration & Access to the System 3.1. The Owners reserve the right to allow or deny the use of the System at any time, as well as change and/or cease the option to do so, at their sole discretion. 3.2. Access to the System or part hereof and the possibility to perform certain actions may be feasible for certain users yet limited for others, or may not be possible at all and/or involve the allocation of a user name and/or password and/or dependent upon the fulfillment of a questionnaire and/or the providing of personal details, and alike, at the sole and absolute discretion of the Owners. 3.3. The Owners may initiate the requiring of the above without prior notice, or continue to require that, or cease to require that, or do so from time to time, without prior notice, at their sole and absolute discretion. 4. Types of Contents in the System 4.1. In these Terms of Usage, the expression "information" and/or "content" shall include any service, product, source code, software module, software System, text, photograph, picture, design, illustration, map, sound track, video track, graphics, expression, creation, knowledge, or other information, entirely or partially, presented in this System and/or used for its planning/characterization and/or which are included in it and/or addressed to/from it, and that, in any type of communication and/or connection, whether with or without consideration, by you and/or any third party, as well as intellectual property rights, including but not limited to patents, trademarks, copyrights and moral rights, associated with any of the above. 4.2. Information on this System may be inserted thereto by third parties such as information providers, services providers, sellers, suppliers, other users and alike, which the Owners shall not be responsible of and you agree that in using the System you may be exposed to inaccurate, offensive, indecent, or otherwise content that is objectionable to you. You also agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Owners with respect to any such Content. 4.3. The Owners reserve the right to choose whether and which contents shall appear and/or be advertised, or cease/continue to appear and/or be advertised on the System, or shall appear/be advertised from time to time, all at their sole and absolute discretion and without prior notice or retroactive update. 4.4. The Owners may, from time to time, change, add, derogate, delete and update the System contents and/or appearance and/or operational method and/or usage method and/or products and/or services included herein, without prior notice and at their sole discretion. 4.5. The Owners reserve the right to include in the System contents which constitute their/others advertisements and/or any other commercial contents (hereinafter: "advertisements"). 4.6. Pictures, illustrations and simulations appearing in the System on behalf of the Owners for explanation purposes are for illustration only, and do not oblige the Owners. 4.7. The advertisements or services offers appearing in the System and/or sent to its users are at the advertisers'/service-providers' complete and sole responsibility. 4.8. The System contents may contain mistakes, including dates, prices, payment terms and more, and the Owners reserve the right to amend any such mistakes at all times without bearing any responsibility for the mistake and/or the amendments thereof. 5. System Contents Availability You hereby approve that various faults may occur, deriving from various reasons which may prevent access and/or use of the System, or burden them, including communication difficulties and/or maintenance purposes and/or other reasons, and the System usage may be cut off and/or stopped without being completed and/or saved. The Owners shall be relieved of any responsibility thereof, and you should save in advance any information you consider making use of or uploading to the System, before doing so. 6. Delivery Agreement 6.1. The System allows you searching, selecting, communicating and reaching to a delivery agreement between you as an orderer (hereinafter: "Orderer") and a supplier (hereinafter: "Supplier") for delivering goods or performing some services, as you agree between yourselves all on your sole account and responsibility (hereinafter: "Delivery Agreement"). 6.2. The Delivery Agreement is subjected to the provisions of Israel State laws, unless otherwise was agreed in writing and in advance. 6.3. An Orderer may place an order to perform a delivery upon his choice containing the details of the delivery, the consideration he proposes to perform it, and his personal data (hereinafter: "Order"). 6.4. There is no guarantee that any Supplier will respond to an Order and it will automatically vanish when not replied within the time frame set by the Orderer. 6.5. A supplier may choose communicating with the Orderer in order to conclude Delivery Agreement, according to their sole discretion and on their own account and risk. 6.6. The responsibility to verify the execution of the delivery and/or of its nature and/or quality, and/or the payment arrangement for it, and all other aspect of the Delivery Agreement is on the parties to the Delivery Agreement. 6.7. YOU ARE HEREBY EXPLICITLY AGREE, THAT THE OWNERS WILL NOT BEAR ANY CONSEQUENCES IN CASE THE DELIVERY WILL NOT BE EXECUTED WELL ENOUGH, OR ON TIME, OR TO THE RIGHTS PLACE, OR TO THE SATISFACTION OF THE ORDERED, OR AT ALL, AND WILL NOT BEAR ANY CONSEQUENCES IN CASE THE ORDERER WILL NOT PAY ENOUGH TO THE A SUPPLIER, OR AS AGREED WITH HIM, OR ON TIME, OR AT THE RIGHT PLACE, OR BY THE CORRECT MONETARY MEAN, OR TO THE SATISFACTION OF THE A SUPPLIER, OR AT ALL AND IN ANY CASE SHALL NOT EXCEED, IN ITS MONETARY SCOPE, THE ACTUAL PRICE PAID FOR THE DELIVERY. 7. Uploading Contents to the System 7.1. If, under the frame of System usage, the System allows you to upload information and/or any contents, the responsibility for such contents, their meaning and their actual uploading, posting, publishing and/or sharing it applies to you alone. 7.2. Without derogating from the above, you may not upload any contents which may be offensive to any person, good name, privacy, proprietary or other rights, and hereby warrant that you have (and will continue to have during your use of the System) all rights and licenses required to use the contents on the System. Uploading and using contents which are contrary to the provisions of these Terms of Usage and/or any law is prohibited. 7.3. It is your right to approach the Owners according to the Contact Details hereunder and request the deletion of contents you uploaded to the System, and the Owners shall make an effort to fulfill your request, however, they do not undertake to do so. 7.4. The responsibility for any act or omission, which does not comply with the above or any law, applies to you alone. 7.5. You hereby agree the Owners reserve the right (but shall have no obligation) to decide whether Content complies with those Terms of Usage and may remove such Content and/or terminate your access for uploading Content which is in violation of these Terms of Usage at any time, without prior notice and at their sole discretion. 7.6. By uploading or posting Content to the System, you hereby grant (1) the Owners a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, share, prepare derivative works of, display, make available to the public, broadcast and publicly perform that Content within the System; (2) to each user of the System, a worldwide, non-exclusive, royalty-free license to access your Content through the System, and to use, reproduce, distribute, share, prepare derivative works of, display and perform such Content. 7.7. The Owners reserve the right to edit, change and even delete such contents. You hereby provide your explicit consent to contents' changes and/or editing and/or deleting. 7.8. It is your right to approach the Owners and request the deletion of contents you uploaded to The System, and the Owners shall make an effort to fulfill your request, however, they do not undertake to do so. 7.9. The responsibility for any act or omission, which does not comply with the above, applies to you alone. 8. Links and Advertisements The System may publish to you and others any contents, advertisements, other Systems and/or sources, which are not at the control and/or supervision of the Owners. Therefore, the liability for any inconvenience or damage of any kind caused by any offensive, immoral, illegal materials, or as a result of and/or by the above, does not and shall not apply to the Owners/Sellers and/or whoever on their behalf. 9. Ownership Rights and Intellectual Property Rights 9.1. The intellectual property rights for the System and any contents included herein are protected in Israel and abroad in virtue of Israel State laws and International Conventions. 9.2. The Owners respect the ownership rights and intellectual property rights of others, and so should you. 9.3. This System and its contents are the sole property of the intellectual property rights Owners, and they are not your property, and they are not to be used but subject to these Terms of Usage. 9.4. Unless otherwise explicitly agreed upon in advance and in writing, the information and/or intellectual property rights of the System should be regarded as the Owners alone and/or as permitted to use by the Owners or third parties, inclusive of copyrights, moral rights, trademarks, service rights, brand names, models, patents, creations, designs, inventions, trade secrets, technological information, functional information, professional information, commercial and business information, and any information and/or intellectual property right, whether registered or not (hereinafter: "the intellectual property rights"). 9.5. Third parties, having intellectual property rights in contents uploaded to the System, without the Owners' knowledge of and/or consent to it, are requested to approach the Owners and/or whoever on their behalf and report them of the matter through the email in the Contacts Details hereunder. 9.6. The Owners reserve the right to enforce, change, amend, and prevent any use and/or upload to the System and/or advertising of contents infringing their intellectual property rights and/or those of third parties, and to demand any compensation and/or indemnity from whoever may have placed and/or places the Owners in a position of possible infringement of their and/or others' rights. 10. Usage of System Contents 10.1. The System and/or its contents are not to be used in an offensive manner towards an individual, his good name, privacy or rights. The System and/or its contents are not to be used in any manner that is contradictory to these Terms of Usage and/or the provisions of any law, custom, or public regulation. 10.2. Any download and/or use of the System and/or any of the contents included therein and/or taken therefrom, are for personal use only, and are not to be of any other use including business, marketing, massive or commercial use, unless permitted by the Owners, explicitly, in advance and in writing. 10.3. Without derogating from the generality of the above, none of the contents and/or intellectual property rights of the Owners and/or third parties are to be used without their consent, including but not limited to, by way of cutting, pasting, saving as file, duplicating, distributing, processing, deleting, adding, changing, selling, renting, lending, transferring, coping, rewriting, publicly presenting, publicly performing, creating a derivative work, or in any other way. 10.4. Whoever does so without the explicit permit of the Owners, in advance and in writing, to the extent possible and subjected to its terms, risks standing to criminal and civil trial, including orders of injunction, search, hold, monetary claims, ceasing of goods, arrest, imprisonment, and any other and/or additional enforcement means the Owners shall deem appropriate. 10.5. The permit, provided to you by the Owners, to make use of any contents on the System, is not and shall not serve, if and to the extent provided, to derogate from the Owners' rights, including Ownership rights in general and intellectual property rights specifically, and no deed or omission shall be interpreted as a consent for transfer and/or usage of any intellectual property right or other right, to the permit owner or to another individual, unless agreed upon explicitly, in advance and in writing, and subject to the rights titled/owned by the Owners, or that the latter have received from third parties, and subject to the provisions of any law. 10.6. Without derogating from the above, "fair use" of the creation, as interpreted by any law, is permitted for the purpose of self-learning, research, audit, review, journalistic report, extracting quotations, instruction and examination by an educational institute only. In any fair use, the contents and System writers must be given credit. The contents is not to be damaged, distorted or altered in any way, or used for any offensive action. 11. Liability 11.1. The System and its contents are presented and offered to use on "As Is" basis. 11.2. The Owners shall not bear any liability, contract and/or tort and/or other, for any use of the System and/or its contents for any reason. 11.3. The Owners shall not bear any liability for contents submitted or uploaded by you in relation to their legality, reliability, credibility, accuracy, intactness, computerized files attached to them, and for any damage, loss, distress or consequences, directly or indirectly, to you and/or to any third party. 11.4. The Owners shall not bear any liability for any damage incurred due to the downloading of the System and/or link/contents included therein, including the presentation or advertisement of contents in any other way. Furthermore, the complete and sole responsibility for any link, presentation, advertisement, or other contents made by you, apply to you and you hereby undertake to indemnify the Owners for any related damage. 11.5. The Owners are not obligated to save any contents you uploaded to and/or downloaded from the System, and the responsibility for saving contents in your own means, is independent of the Owners and/or the System and/or whoever associated with them, and applies to you alone. Saving such contents is subjected to the provisions of any law and these Terms of Usage. 12. Indemnity You hereby undertake to indemnify and compensate the Owners and/or whoever on their behalf, for any deed and/or omission causing the Owners direct or indirect damage, loss, loss of profit, payment or expense, whether due to the breaching of these Terms of Usage, whether due to the breaching of the provisions of any law, and whether due to any third-party pretense or claim. 13. Jurisdiction The laws of Israel State shall solely apply to the provisions of these Terms of Usage and their interpretation, and the place of arbitration and jurisdiction shall be that of the authorized court of Tel-Aviv district or the central district only. 14. Changes to the Terms of Use From time to time, these Terms of Usage may be applied with changes, updates, additions, deletions, at the absolute and sole discretion of the Owners, of which an announcement shall be advertised. If you are interested to continue and make use of this System, you shall be regarded as agreeing to the amended terms, unless they contradict the provisions of the law. 15. Contact Us We shall make all efforts to handle, as soon as possible, applications relevant to us. The said applications should be submitted to EMAIL: appumstudios@gmail.com