Last Updated: January 25, 2017
PLEASE READ THESE TERMS CAREFULLY. ACCESSING OR USING THE WEBSITE CONSTITUTES ACCEPTANCE OF THE TERMS.
YOU AFFIRM THAT BY ACCESSING OR USING THE WEBSITE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU ARE USING THE WEBSITE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO HAS AGREED TO BE BOUND BY THESE TERMS.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and StelloGirls, an Israeli corporation located at 8 Ha’sadnaot St., Herzeliya, Israel. You must read and agree to these Terms before using the Website. If you do not agree, you may not use the Website. These Terms describe the limited basis on which the Website is available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some aspect of the Website, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Website. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms.
We may amend these Terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Website. If you do not agree to any change to these Terms, you must discontinue using the Website. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Website) if you fail to comply with any provision of these Terms.
2. The Website
The Website is for your personal, noncommercial use and is intended for informational and entertainment purposes only. It does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
The Website is our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Website is owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Website may be used or exploited in any way other than as part of the Website offered to you. You may own the physical media on which elements of the Website is delivered to you, but we retain full and complete ownership of the Website. We do not transfer title to any portion of the Website to you.
3. Content and Software License
If the Website is configured to enable the use of software, content, virtual items, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item, or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with the Website; decompile, reverse engineer, disassemble, or otherwise reduce the Website to a human-readable form; remove identification, copyright, or other proprietary notices; or access or use the Website in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services, or brands. You may not access or use the Website in violation of United States export control and economic sanctions requirements. By downloading, installing, accessing or purchasing the Website, you represent and warrant that you are complying with those requirements.
4. Data Retention
We retain information we collect or otherwise obtain for as long as necessary for the purposes stated in this agreement, and thereafter, for the establishment, exercise, or defense of our legal claims, or for our legitimate business purposes, or as provided by law. StelloGirls has no obligation to preserve your information and we may delete your information from our systems, without notice to you, once we deem it is no longer necessary for the above stated purposes.
5. Disclaimers and Limitation on Liability
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
6. Changes to the Website
The Website is constantly evolving and will change over time. If we make a material change to the Website, we will provide you with reasonable notice and you will be entitled to terminate this contract.
7. Additional Restrictions on Use of the Website
We do not allow uses of the Website that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair, or damage the Website or connected network, or interfere with any person or entity’s use or enjoyment of the Website. Additionally, you agree not to access, monitor, or copy, or permit another person or entity to access, monitor, or copy, any element of the Website using a robot, spider, scraper, or other automated means or manual process without our express written permission.
8. Mobile Networks
When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Accessing or using the Website may be prohibited or restricted by your network provider, and the Website may not work with your network provider or device.
9. Your Content and Account
A. User Generated Content
The Website may allow you to communicate, submit, upload, or otherwise make available text, images, audio, competition entries, or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy, and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Website and on third-party sites and platforms such as Facebook, Instagram, and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store, and review User Generated Content or communications sent through the Website at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.
If you have a complaint or concern about the User Generated Content on the Website, you may be able to “flag” the content. You can use the [FLAG] button to flag any comment. In addition, if you have a complaint about the User Generated Content on the Website, you also may contact firstname.lastname@example.org.
The following provision only applies to you if you are a resident of the United States. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at onguardonline.gov and netnanny.com. Please note that the Website does not endorse any of the products or services identified on such sites.
11. Additional Provisions
A. Transfer of data outside your territory
B. Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Michal Brand Gold
8 Hasadnaot St., Herzeliya, Israel
We are only able to accept notices in the languages into which these Terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Website that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
C. Binding Arbitration and Class Action Waiver
You and StelloGirls agree to arbitrate all disputes between you and StelloGirls or its affiliates, except disputes relating to the enforcement of StelloGirls’ or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and StelloGirls concerning the Website or these Terms, whether in contract, tort, warranty, statute, or regulation, or other legal or equitable basis. You and StelloGirls empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
In the event of a dispute, you or StelloGirls must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to StelloGirls, 8 Ha’sadnaot St., Herzeliya, Israel, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and StelloGirls will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and StelloGirls do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND STELLOGIRLS ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 1-800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Manhattan, New York, New York, United States of America, and you and StelloGirls agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor StelloGirls will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.