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State of Tel Aviv

Terms of Use

THIS WEBSITE, www.stateoftelaviv.com (the “Site”), is owned and operated by Telavivian Media Ltd. (“Telavivian”, “we”, “us” or “our”). Any use of this site is subject to and conditioned upon your assent to and compliance with, all of the terms and conditions in these terms of use (the “Terms of Use“) which also incorporates our privacy policy, which is available in full upon request.. By using the Site you signify your consent to be bound by these Terms of Use. If you do not agree with any of the Terms of Use or if you are not in legal age to form a binding contract, please do not use or access this Site.

We may amend these Terms of Use at any time by posting the amended terms on the Site. Your continued use of the Site shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site. These Terms of Use may not be otherwise amended.

Eligibility to Use our Site

You may not use the Site and may not accept these Terms of Use if you are not of legal age to form a binding contract with Telavivian.

User Accounts

The use of the Site, or any part thereof, may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Telavivian immediately of any unauthorized use of your account or any other breach of security. Telavivian will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time.

Electronic Communications

When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content

For purpose of these Terms of Use, the term “Content” includes, without limitation, comments and information, data, text, photos, graphics, in static or interactive feature, which is provided or otherwise made available to you or provided by you through the Site. Some parts of the Site may allow users to post Content and view Content posted by other users. We are not obligated to monitor or control Content posted by users of the Site or other individuals or entities, and cannot be responsible for such Content.

Telavivian does not guarantee that any Content submitted by you will be made available through the Site. By submitting any Content on or through the Site, you: (a) acknowledge that you are publishing such Content and that you may be identified publicly by your name in association with such Content; (b) represent and warrant that you own or have all necessary rights and permissions to use and authorize Telavivian and users of the Site to use all intellectual property rights in and to any Content submitted by you, and to enable inclusion and use thereof in connection with the Site; (c) represent and warrant that your Content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right, or any right of privacy; (d) grant Telavivian a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce and display the Content in connection with the Site.

The following uses of the Site or any part thereof are prohibited: commercial use, unless explicitly allowed by us in a prior written consent; illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; distributing SPAM; using users contact information for marketing purposes; bullying, intimidating, stalking or harassing any person; duplicating, downloading, copying, reproducing, modifying, transmitting, performing, publishing, selling, creating derivatives of, translating, or distributing the Site, the Site-related intellectual property, third parties user content or any part thereof or their products, unless explicitly allowed by us in a prior written consent; altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Site’s (including its content’s) source code and structure; any automatic use which is intended or designed to gather information about or from the Site, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; uploading of any sort of spyware or other malicious code; circumventing or bypassing any measure designed to limit access to the Site; damaging, disabling, impairing or flooding the Site; competing with the Site.

You further acknowledge and agree that you shall be solely responsible for any Content submitted by you and to the consequences of posting or publishing such Content, and you waive any “moral rights” in such Content.

You understand that when using the Site you may be exposed to Content from a variety of sources, and that Telavivian is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such Content. You may be exposed to Content that is inaccurate and you agree to waive, and hereby do waive, any rights or remedies you may have against Telavivian with respect thereto.

You understand and agree that Telavivian may (but is not obligated to) review and remove or block any content of any kind, including in the event, Telavivian, in its sole discretion, believes the Content violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Site. Telavivian reserves the right, at its sole and absolute discretion, terminate a user’s ability to use content in violation of these Terms of Use.

Proprietary rights

Unless stated otherwise in these Terms of Use, we and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Site and the Site’s content, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained in the Site. You do not acquire any right, title, interest or claim in any part of the Site or the Site’s content as a result of your use of the Site or any part thereof. Any transfer of rights shall be deemed null and void without our explicit prior written consent.

Links to Other Websites

This Site may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.

No Warranty

Save to the extent required by law, Telavivian has no special relationship with or fiduciary duty to you. It is understood and agreed that Telavivian has no control over, and no duty to edit or review for accuracy or appropriateness any information or data provided by you or information provided by any supplier offering services or programs by means of the Site (“Third Party Suppliers”).

Telavivian does not provide any warranty whatsoever, neither on behalf of itself nor on behalf of any Third Party Supplier, with respect to any services of Third Party Suppliers. It is hereby made explicitly clear that Telavivian shall not be held responsible for any acts and/or omissions on the part of any Third Party Supplier. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TELAVIVIAN EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE CONTENT AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH CONTENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such case, the foregoing disclaimer may not apply to you.

Fees and Payments

Telavivian reserves the right, at any time, to charge fees for the access to the Site or any part of the Site through a paid subscription. The price to be paid for your subscription will be made clear to you on the subscription order pages or otherwise during the order process and may vary from time to time. We will not charge you unless we obtained your prior agreement to pay such charges. You may cancel your subscription at any time, in which case your access to such portions of the Site which require a paid subscription will terminate at the end of the applicable billing period. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to the use of the Site through your account.

Minors

The Site is intended to the use of individuals over the age of 18. In the event that we become aware that a user under the age of 18 has shared any information, we will discard such information. If have any reason to believe that a child under 18 has shared any information with us, please contact us at support@stateoftelaviv.com.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THESE TERMS OF USE, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither Telavivian nor its affiliated or related entities or its service providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on the Site or from the use of, or the inability to use any content or services thereon. You specifically agree that Telavivian is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or any materials thereon, or with these terms and conditions, your sole and exclusive remedy is to cease using the Site.

WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE, IF ANY, IN CONNECTION WITH THE SITE OR THE TERMS OF USE IS LIMITED TO GREATER OF: (a) $100 USD; OR (b) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SITE IN THE SIX (6) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM (THESE LIMITATIONS OF LIABILITY SHALL ALSO APPLY IN FAVOR OF OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, CONTRACTORS, AGENTS AND SERVICE PROVIDERS). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.

Termination

Telavivian may terminate your access to all or any part of the Site at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your account. Regardless of the aforementioned, we reserve the right to terminate your access to the Site if we reasonably determine that you have infringed these Terms of Use, and where relevant you will remain liable for all amounts due up to and including the date of termination. If you wish to terminate your account, you may do so by ceasing use of the Site.

Privacy Policy

Information that we collect and use about you is subject to our Privacy Policy which is available in full upon request. By accessing this Site you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.

Governing Law; Dispute Resolution

The laws of the State of Israel will govern these Terms of Use, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with these Terms of Use and/or the Site, claimed against us shall be brought exclusively in the courts located in Tel Aviv, Israel. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Telavivian, either specific or general, in jurisdictions other than Tel Aviv, Israel.

Limitation of Claims

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 Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Waiver and Severability

The failure of Telavivian to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of these Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

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