Terms and conditions
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access OOO in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from OOO, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with OOO, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
SHARING YOUR CONTENT AND INFO. You own all of the content and information you post on OOO, and you can control how it is shared. In addition: (a) For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission:: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. (b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). (c) When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (d) When you publish content or information using the Public setting, it means that you are allowing everyone, to access and use that information, and to associate it with you (i.e., your name, email, number and profile picture). (e) We always appreciate your feedback or other suggestions about OOO but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
MODERATION. You agree we may moderate OOO access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to OOO, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and OOO is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your OOO use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“OOO ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) OOO ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL).
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your OOO use is governed by Israeli (“IL”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by Israeli Court, (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against OOO Entities; (6) (except government agencies) to indemnify OOO Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your OOO use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access OOO thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.