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1.Your Acceptance
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BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available
through the Zoybar.net domain name, the "Zoybar Website", or
"Website"), YOU SIGNIFY YOUR
ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If
you do not agree to
any of these terms, then please do not use the Zoybar.net
Website.
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2.Zoybar Website
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These Terms of Service apply to all users of the Zoybar Website,
including users who are also
contributing content and other materials or services on the
Website. The Zoybar.net Website may
contain links to third party websites that are not owned or
controlled by Zoybar.net, Zoybar.net has
no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any
third party websites. In addition, Zoybar.net will not and cannot
censor or edit the content of any
third-party site. By using the Website, you expressly relieve
Zoybar.net from any and all liability
arising from your use of any third-party website.
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3.Website Access
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Zoybar.net hereby grants you permission to use the Website as
set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely
for your personal, noncommercial
use; (ii) you will not copy or distribute any part of the Website
in any medium without Zoybar.net 's
prior written authorization; (iii) you will not alter or modify any
part of the Website other than as
may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service
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In order to access some features of the Website, you will have
to create an account. You may never
use another's account without permission. When creating your
account, you must provide accurate
and complete information. You are solely responsible for the
activity that occurs on your account,
and you must keep your account password secure. You must notify
Zoybar.net immediately of any
breach of security or unauthorized use of your account. Although
Zoybar.net will not be liable for
your losses caused by any unauthorized use of your account, you may
be liable for the losses of
Zoybar.net or others due to such unauthorized use.
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4.Intellectual Property Rights
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The content on the Zoybar.net Website, except all User
Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks
and logos contained therein
("Marks"), are owned by or licensed to Zoybar.net. Content on the
Website is provided to you AS IS
for your information and personal use only and may not be used,
copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. Zoybar.net reserves all rights
not expressly granted in and to the Website and the Content. You
agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any
use, copying, or distribution of User Submissions of third parties
obtained through the Website for
any commercial purposes. You agree not to circumvent, disable or
otherwise interfere with security
related features of the Zoybar.net Website or features that prevent
or restrict use or copying of any
Content or enforce limitations on use of the Zoybar.net Website or
the Content therein.
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5.User Submissions
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Materials shall be submitted to the Zoybar.net Website in
accordance with the Submission
Agreement. If you do not agree to any of these terms, then please
do not use the Zoybar.net Website.
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6.Warranty Disclaimer
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YOU AGREE THAT YOUR USE OF THE ZOYBAR.NET WEBSITE SHALL BE AT
YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOYBAR.NET, ITS
OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
ZOYBAR
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE
AVAILABLE VIA THE ZOYBAR.NET WEBSITE. ZOYBAR.NET DOES NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
ZOYBAR.NET
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER
ADVERTISING, AND ZOYBAR.NET WILL NOT BE A PARTY TO OR IN ANY WAY
BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-
PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
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7. Limitation of Liability
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IN NO EVENT SHALL ZOYBAR.NET, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE ZOYBAR.NET WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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YOU SPECIFICALLY ACKNOWLEDGE THAT ZOYBAR SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
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The Website is controlled and offered by Zoybar.net from its
facilities in Israel. Zoybar.net makes no representations that the
Zoybar.net Website is appropriate or available for use in other
locations. Those who access or use the Zoybar.net Website from
other jurisdictions do so at their own volition and are responsible
for compliance with local law.
Neither Zoybar nor any of its affiliates is responsible for
printing or typographical errors in any content-related materials;
for stolen, lost, late, misdirected, damaged, incomplete, or
illegible entries; or for transactions that are processed late or
incorrectly or are lost due to computer or electronic malfunction.
By entering, participants release and hold harmless Zoybar and its
affiliates and their respective directors, officers, employees and
agents from any and all liability for any injuries, loss or damage
of any kind to persons, including death, or property damage
resulting in whole or in part, directly or indirectly, from
acceptance, possession, misuse or use of any content, participation
in this promotion, or participating in any prize-related
activity.
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8.Indemnity
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You agree to defend, indemnify and hold harmless Zoybar, its
officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees)
arising from: (i) your use of and access to the Zoybar.net Website;
(ii) your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Zoybar.net Website.
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9.Ability to Accept Terms of Service
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You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and
comply with these Terms of Service.
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10.Assignment
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These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Zoybar.net without restriction.
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11. Additional Terms
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You agree that: (i) the Zoybar.net Website shall be deemed
solely based in Israel; and (ii) the Zoybar.net Website shall be
deemed a passive website that does not give rise to personal
jurisdiction over Zoybar.net, either specific or general, in
jurisdictions other than Israel. These Terms of Service shall be
governed by the laws of the State of Israel. Any claim or dispute
between you and Zoybar.net that arises in whole or in part from the
Zoybar.net Website shall be decided exclusively by a court of
competent jurisdiction located in Tel-Aviv, Israel. These Terms of
Service, The Submission Agreement together with and any other legal
notices published by Zoybar.net on the Website, shall constitute
the entire agreement between you and Zoybar.net concerning the
Zoybar.net Website. If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term
or any other term, and Zoybar.net 's failure to assert any right or
provision under these Terms of Service shall not constitute a
waiver of such right or provision. Zoybar.net reserves the right to
amend these Terms of Service at any time and without notice, and it
is your responsibility to review these Terms of Service for any
changes. Your use of the Zoybar.net Website following any amendment
of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND ZOYBAR.NET AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZOYBAR.NET WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
In case of dispute as to the identity of any entrant, entry will be
declared made by the authorized account holder of the email address
submitted at time of entry. "Authorized Account Holder" is defined
as the natural person who is assigned an email address by an
Internet access provider, online service provider, or other
organization (e.g., business, educational, institution, etc.)
responsible for assigning email addresses or the domain associated
with the submitted email address. Any other attempted form of entry
is prohibited; no automatic, programmed; robotic or similar means
of entry are permitted. Sponsor and/or Host, its affiliates,
partners and promotion and advertising agencies are not responsible
for technical, hardware, software, telephone or other
communications malfunctions, errors or failures of any kind, lost
or unavailable network connections, web site, Internet, or ISP
availability, unauthorized human intervention, traffic congestion,
incomplete or inaccurate capture of entry information (regardless
of cause) or failed, incomplete, garbled, jumbled or delayed
computer transmissions.
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Zoybar.net Right to Use Your Work: By
submitting an Entry: (a) you represent and warrant that your Entry
is wholly original and does not incorporate or include anything
that is owned by any third party or would require the consent of
any third party and your Entry does not violate any copyright,
trademark, publicity right, privacy right or any other right of any
third party; (b By submitting an Entry, you grant to Zoybar and its
affiliated companies the right, except where prohibited by law, to
use your name, picture, address (city and state), biographical
information, submission/Entry and written or oral statements, for
advertising and promotional purposes in promoting or publicizing
Zoybar and its products or services, without compensation unless
required by law. You shall have no right of approval, no claim to
compensation, and no claim (including, without limitation, claims
based on invasion of privacy, defamation, or right of publicity)
arising out of any use, blurring, alteration, or use in composite
form of your name, picture, likeness, address (city and state),
biographical information, or entry. The rights granted under this
paragraph shall extend to Zoybar and its affiliated companies with
respect to all members in the project. If you have any questions
about this privacy policy or our treatment of your personal data,
please contact
us.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL
LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR and/or HOST
RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.
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