PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY
PART OF THE APP OR SITE. Welcome to GoldenYO (together with Content
and Marks, the 'App'). Please read the following Terms of Use
carefully before using this App so that you are aware of your legal
rights and obligations with respect to Developer (we', 'our' or 'us').
By accessing or using the App, you expressly acknowledge and agree
that you are entering a binding legal agreement with us and have
understood and agree to comply with, and be legally bound by, these
Terms of Use, together with the Privacy Policy that can be accessed by
clicking here (the 'Terms'). You hereby waive any applicable rights to
require an original (non-electronic) signature or delivery or
retention of non-electronic records, to the extent not prohibited
under applicable law. If you do not agree to be bound by these Terms
please do not access or use the App.Modification. We reserve the
right, at our discretion, to change these Terms at any time. Such
change will be effective ten (10) days following posting of the
revised Terms on the App, and your continued use of the App thereafter
means that you accept those changes. Ability to Accept Terms. The App
is only intended for individuals aged eighteen (18) years or older. If
you are under 18 years please do not visit or use the App. App Access.
During the period in which these Terms are in effect, we hereby grant
you permission to visit and use the App, provided that you comply with
these Terms and applicable law. Restrictions. You shall not: (i) copy,
distribute or modify any part of the App without our prior written
authorization; (ii) use, modify, create derivative works of, transfer
(by sale, resale, license, sublicense, download or otherwise),
reproduce, distribute, display or disclose Content (defined below),
except as expressly authorized herein; (iii) disrupt servers or
networks connected to the App; (iv) use or launch any automated system
(including without limitation, 'robots' and 'spiders') to access the
App; and/or (v) circumvent, disable or otherwise interfere with
security-related features of the App or features that prevent or
restrict use or copying of any Content or that enforce limitations on
use of the App.
Intellectual Property Rights.
Content and Marks. The (i) content on the App, including without
limitation, the text, documents, articles, brochures, descriptions,
products, software, graphics, photos, sounds, videos, interactive
features, and services (collectively, the 'Materials'), (ii) and User
Submissions, as defined below (together with the Materials, the
'Content'), and (iii) the trademarks, service marks and logos
contained therein ('Marks'), are the property of NI and/or its
licensors and are protected by applicable copyright or other
intellectual property laws and treaties. The App, the App logo, and
other marks are Marks of NI or its affiliates. All other trademarks,
service marks, and logos used on the App are the trademarks, service
marks, or logos of their respective owners. We reserve all rights not
expressly granted in and to the App and the Content. Use of Content.
Content on the App is provided to you for your information and
personal use only and may not be used, modified, copied, distributed,
transmitted, broadcast, displayed, sold, licensed, de-compiled,
reverse engineered, or otherwise exploited for any other purposes
whatsoever (including, without limitation, to create derivative works)
without our prior written consent. If you download or print a copy of
the Content you must retain all copyright and other proprietary
notices contained therein.
Third Party Sources and Content.
The App enables you to view, access, link to, and use content from
Third Party Sources (defined below) that are not owned or controlled
by us ('Third Party Content'). The App may also enable you to
communicate and interact with Third Party Sources. 'Third Party
Source(s)' means: (i) third party websites and services; and (ii) our
partners and customers. We have no control over any Third Party
Sources. We do not assume any responsibility for the content, terms of
use, privacy policies, actions or practices of, any Third Party
Sources. Please read the terms of use and privacy policy of any Third
Party Source that you interact with before you engage in any such
activity. We are not responsible for, and we expressly disclaim all
warranties regarding, the accuracy, appropriateness, usefulness,
safety, or Intellectual Property Rights (defined below) of, or
relating to, any Third Party Content. By using the App you may be
exposed to Third Party Content that is inaccurate, offensive,
indecent, or objectionable. You always have the choice of deciding
whether or not to interact with a Third Party Source or to view and
use Third Party Content. Your interaction with a Third Party Source
and your use of, and reliance upon, any Third Party Content is at your
sole discretion and risk. You are solely responsible and liable for
your interaction with a Third Party Source. You agree to waive, and
hereby do waive, any legal or equitable rights or remedies you may
have against NI, and release NI from any and all liability, arising
from your use of and interaction on any Third Party Content and from
your interaction with any Third Party Source. If you have any query or
complaint regarding a Third Party Source or any Third Party Content,
you agree to contact the Third Party Source directly.
User Submissions.
Responsibility. The App may permit the submission, hosting, sharing
and publishing of Content by you and other users ('User Submissions').
You understand that whether or not such User Submissions are
published, we do not guarantee any confidentiality with respect to any
User Submissions. You shall be solely responsible for your User
Submissions and the consequences of posting, publishing or uploading
them. We have complete discretion whether to publish your User
Submissions and we reserve the right in our sole discretion and
without further notice to you, to monitor, censor, edit, remove,
delete, and/or remove any and all Content posted on the Site
(including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the
necessary rights and permissions to use and authorize the App to use
all Intellectual Property Rights (defined below) in and to your User
Submissions, and to enable inclusion and use thereof as contemplated
by the App and these Terms. Unless the User Submissions are separately
referred to, all references herein to Content shall include references
to User Submissions. 'Intellectual Property Rights' means any and all
rights, titles and interests, whether foreign or domestic, in and to
any and all trade secrets, patents, copyrights, service marks,
trademarks, know-how, or similar intellectual property rights, as well
as any and all moral rights, rights of privacy, publicity and similar
rights of any type under the laws or regulations of any governmental,
regulatory, or judicial authority, foreign or domestic. You retain all
of your ownership rights in and to your User Submissions. License to
User Submissions. By submitting the User Submissions to NI, you hereby
grant NI a worldwide, irrevocable, non-exclusive, royalty-free,
perpetual, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of display, and perform the User
Submissions in connection with the App and NI business, including
without limitation for redistributing part or all of your User
Submissions (and derivative works thereof) in any media formats and
through any media channels and, and you hereby waive any moral rights
in your User Submissions, to the extent permitted by law. You also
hereby grant each user of the App or other viewer or user of the User
Submission a non-exclusive right to use, reproduce, distribute,
prepare derivative works of, display and perform such User
Submissions, all in accordance with these Terms. Prohibited Content.
You agree that you will not display, post, submit, publish, upload or
transmit a User Submission that: (i) is unfair or deceptive under the
consumer protection laws of any jurisdiction; (ii) is copyrighted,
protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights; (iii) creates a risk to a persons safety
or health, creates a risk to public safety or health, compromises
national security, or interferes with an investigation by law
enforcement; (iv) impersonates another person; (v) promotes illegal
drugs, violates export control laws, relates to illegal gambling, or
illegal arms trafficking; (vi) is unlawful, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal
offense, gives rise to civil liability, violates any law, or is
inappropriate; (vii) involves theft or terrorism; or (viii) is
otherwise malicious or fraudulent. Exposure. You understand and
acknowledge that when accessing and using the App: (i) you will be
exposed to User Submissions from a variety of sources, and that NI is
not responsible for the accuracy, usefulness, safety, or Intellectual
Property Rights of, or relating to, such User Submissions; and (ii)
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable. You hereby agree to waive, and hereby do
waive, any legal or equitable rights or remedies you may have against
NI with respect to (i) and (ii) herein. Information Description. We
attempt to be as accurate as possible. However, we cannot and do not
warrant that the Content available on the App is accurate, complete,
reliable, current, or error-free. We reserve the right to make changes
in or to the Content, or any part thereof, in our sole judgment,
without the requirement of giving any notice prior to or after making
such changes to the Content. Your use of the Content, or any part
thereof, is made solely at your own risk and responsibility.
Disclosure. We reserve the right to access, read, preserve, and
disclose any information that we obtain in connection with the App,
and your use thereof, as we reasonably believe is necessary to (i)
satisfy any applicable law, regulation, legal process, subpoena or
governmental request, (ii) enforce the App Terms, including to
investigate potential violations of them, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to
user support requests, or (v) protect the rights, property or safety
of NI, its users or the public.
Links.
The App may contain links, and may enable you to post content, to
third party websites that are not owned or controlled by NI. We are
not affiliated with, have no control over, and assume no
responsibility for the content, privacy policies, or practices of, any
third party websites. You: (i) are solely responsible and liable for
your use of and linking to third party websites and any content that
you may send or post to a third party website; and (ii) expressly
release NI from any and all liability arising from your use of any
third party website. Accordingly, we encourage you to read the terms
and conditions and privacy policy of each third party website that you
may choose to visit. We permits you to link to the App provided that:
(i) you link to but do not replicate any page on this App; (ii) the
hyperlink text shall accurately describe the Content as it appears on
the App; (iii) you shall not misrepresent your relationship with NI or
present any false information about NI and shall not imply in any way
that we are endorsing any services or products, unless we have given
you our express prior consent; (iv) you shall not link from a website
that contain content that (a) is offensive or controversial (both at
our discretion), or (b) infringes any intellectual property, privacy
rights, or other rights of any person or entity; and/or (v) you, and
your website, comply with these Terms and applicable law. Privacy. We
will use any personal information that we may collect or obtain in
connection with the App in accordance with our privacy policy which is
available at . You agree that we may use personal information that you
provide or make available to us in accordance with the Privacy Policy.
Warranty Disclaimers.
This section applies whether or not the services provided under the
App are for payment. Applicable law may not allow the exclusion of
certain warranties, so to that extent certain exclusions set forth
herein may not apply. THE APP IS PROVIDED ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. NI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NI
DOES NOT GUARANTEE THAT THE APP WILL BE FREE OF BUGS, SECURITY
BREACHES, OR VIRUS ATTACKS. THE APP MAY OCCASIONALLY BE UNAVAILABLE
FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT
NI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY
THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET,
SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER
SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT,
OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APP BY A THIRD PARTY.
NI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN
A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY
WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT NI SHALL NOT BE RESPONSIBLE FOR THE
USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL,
OR NEGLIGENT CONDUCT) OF ANY APP USER AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON,
OR USE OF, ANY APP CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER
SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE APP,
IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A
RESULT OF, OR ARISING FROM YOUR USE OF THE APP, YOU AGREE THAT NI IS
NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF
OR CONNECTED WITH SUCH DISPUTE. EXCEPT AS EXPRESSLY STATED IN OUR
PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY
INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE
COURSE OF YOUR USE OF THE APP. WE ENDEAVOR TO OFFER YOU VALUABLE
INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED /
REVIEWED ON THE APP. HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS
INFORMATION AT NO COST, WE MUST SEEKREVENUES OPPORTUNITIES THROUGH
OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE
THIRD PARTIES THAT ARE FEATURED ON OUR APP, AND WE MAY RECEIVE FEES
EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR
ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM.
IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO NI WILL NOT
INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY
FEATURED ON OUR APP.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NI SHALL NOT BE LIABLE FOR
ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION,
ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE,
THE APP, EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages, so the
above limitations may not apply to you. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING UNDER THESE
TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP EXCEED THE
TOTAL AMOUNT OF US$1,000. **Indemnity.**You agree to defend, indemnify
and hold harmless NI and our affiliates, and our respective officers,
directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs and expenses
(including but not limited to attorney's fees) arising from: (i) your
use of, or inability to use, the App; (ii) your User Submissions;
(iii) your interaction with any App user; or (iv) your violation of
these Terms. Term and Termination. These Terms are effective until
terminated by NI or you. NI, in its sole discretion, has the right to
terminate these Terms and/or your access to the App, or any part
thereof, immediately at any time and with or without cause (including,
without any limitation, for a breach of these Terms). NI shall not be
liable to you or any third party for termination of the App, or any
part thereof. If you object to any term or condition of these Terms,
or any subsequent modifications thereto, or become dissatisfied with
the App in any way, your only recourse is to immediately discontinue
use of the App. Upon termination of these Terms, you shall cease all
use of the App. This Section 15and Sections 5 (Intellectual Property
Rights), 7.3 (License to User Submissions), 11(Privacy),
12(Warranty Disclaimers), 13(Limitation of Liability),
14(Indemnity), and 16(Independent Contractors) to 18(General) shall
survive termination of these Terms. Independent Contractors. You and
NI are independent contractors. Nothing in these Terms creates a
partnership, joint venture, agency, or employment relationship between
you and NI. You must not under any circumstances make, or undertake,
any warranties, representations, commitments or obligations on behalf
of NI. Assignment. These Terms, and any rights and licenses granted
hereunder, may not be transferred or assigned by you but may be
assigned by NI without restriction or notification to you. General. NI
reserves the right to discontinue or modify any aspect of the App at
any time. These Terms and the relationship between you and NI shall be
governed by and construed in accordance with the laws of the State of
Israel, without regard to its principles of conflict of laws. You
agree to submit to the personal and exclusive jurisdiction of the
courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue,
or inconvenient forum objections to such courts, provided that NI may
seek injunctive relief in any court of competent jurisdiction. These
Terms shall constitute the entire agreement between you and NI
concerning the App. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any
term of these Terms shall be deemed a further or continuing waiver of
such term or any other term, and a party's failure to assert any right
or provision under these Terms shall not constitute a waiver of such
right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY
HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
