Terms & condition
- PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE APP OR SITE.
- INTELLECTUAL PROPERTY RIGHTS
- THIRD PARTY SOURCES AND CONTENT
- USER SUBMISSIONS
- LINKS
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
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 about 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 ns that you accept those changes. Ability to Accept Terms. The App is only intended for ectioniduals aged eighteen (18) years or older. If you are under 18 years please do not visit or the App. App Access. During the period in which these Terms are in effect, we hereby grant you mission to visit and use the App, provided that you comply with these Terms and applicable law. trictions. You shall not: (i) copy, distribute or modify any part of the App without our prior tten authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, ense, sublicense, download or otherwise), reproduce, distribute, display or disclose Content fined below), except as expressly authorized herein; (iii) disrupt servers or networks connected the App; (iv) use or launch any automated system (including without limitation, robots and iders) to access the App; and/or (v) circumvent, disable or otherwise interfere with urity-related features of the App or features that prevent or restrict use or copying of any tent or that enforce limitations on use of the App.
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, compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever cluding, without limitation, to create derivative works) without our prior written consent. If download or print a copy of the Content you must retain all copyright and other proprietary ices contained therein.
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, about policies, actions or practices of, any Third Party Sources. Please read the terms of use and about 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 eract with a Third Party Source or to view and use Third Party Content. Your interaction with a rd Party Source and your use of, and reliance upon, any Third Party Content is at your sole cretion and risk. You are solely responsible and liable for your interaction with a Third Party rce. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may e against NI, and release NI from any and all liability, arising from your use of and eraction on any Third Party Content and from your interaction with any Third Party Source. If have any query or complaint regarding a Third Party Source or any Third Party Content, you ee to contact the Third Party Source directly.
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 erred to, all references herein to Content shall include references to User Submissions. ellectual Property Rights means any and all rights, titles and interests, whether foreign or estic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, w-how, or similar intellectual property rights, as well as any and all moral rights, rights of ut, publicity and similar rights of any type under the laws or regulations of any ernmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ership rights in and to your User Submissions. License to User Submissions. By submitting the r Submissions to NI, you hereby grant NI a worldwide, irrevocable, non-exclusive, royalty-free, petual, sublicenseable and transferable license to use, reproduce, distribute, prepare ivative works of display, and perform the User Submissions in connection with the App and NI iness, including without limitation for redistributing part or all of your User Submissions (and ivative works thereof) in any media formats and through any media channels and, and you hereby ve any moral rights in your User Submissions, to the extent permitted by law. You also hereby nt each user of the App or other viewer or user of the User Submission a non-exclusive right to , reproduce, distribute, prepare derivative works of, display and perform such User Submissions, in accordance with these Terms. Prohibited Content. You agree that you will not display, post, mit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the sumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or erwise subject to third party proprietary rights, including about and publicity rights, unless are the owner of such rights; (iii) creates a risk to a persons safety or health, creates a k to public safety or health, compromises national security, or interferes with an investigation law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export trol laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, amatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically ensive, or encourages conduct that would be considered a criminal offense, gives rise to civil bility, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is erwise malicious or fraudulent. Exposure. You understand and acknowledge that when accessing and ng the App: (i) you will be exposed to User Submissions from a variety of sources, and that NI not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or ating to, such User Submissions; and (ii) you may be exposed to User Submissions that are ccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, legal or equitable rights or remedies you may have against NI with respect to (i) and (ii) ein. Information Description. We attempt to be as accurate as possible. However, we cannot and not warrant that the Content available on the App is accurate, complete, reliable, current, or or-free. We reserve the right to make changes in or to the Content, or any part thereof, in our e judgment, without the requirement of giving any notice prior to or after making such changes the Content. Your use of the Content, or any part thereof, is made solely at your own risk and ponsibility. Disclosure. We reserve the right to access, read, preserve, and disclose any ormation that we obtain in connection with the App, and your use thereof, as we reasonably ieve is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or ernmental request, (ii) enforce the App Terms, including to investigate potential violations of m, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond user support requests, or (v) protect the rights, property or safety of NI, its users or the lic.
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, about 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 about 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, ess we have given you our express prior consent; (iv) you shall not link from a website that tain content that (a) is offensive or controversial (both at our discretion), or (b) infringes intellectual property, about rights, or other rights of any person or entity; and/or (v) you, your website, comply with these Terms and applicable law. about. We will use any personal ormation that we may collect or obtain in connection with the App in accordance with our about icy which is available at . You agree that we may use personal information that you provide or e available to us in accordance with the about Policy.
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, SERVICE THAT IS FEATURED OR ADVERTISED ON THE APP BY A THIRD PARTY. NI DOES NOT WARRANT, ENDORSE GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR RANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY NOWLEDGE THAT NI SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING AMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY APP USER AND THAT THE RISK OF HARM OR AGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY APP CONTENT CLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED THE APP, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR SING FROM YOUR USE OF THE APP, YOU AGREE THAT NI IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE. EXCEPT AS EXPRESSLY STATED IN OUR about ICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR LIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING COURSE OF YOUR USE OF THE APP. WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS SERVICES THAT ARE FEATURED / REVIEWED ON THE APP. HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS ORMATION AT NO COST, WE MUST SEEKREVENUES OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR APP, AND WE MAY EIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES DUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE D TO NI WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR .
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 attorneys fees) arising from: (i) your use of, or inability to use, App; (ii) your User Submissions; (iii) your interaction with any App user; or (iv) your lation of these Terms. Term and Termination. These Terms are effective until terminated by NI or . NI, in its sole discretion, has the right to terminate these Terms and/or your access to the , or any part thereof, immediately at any time and with or without cause (including, without any itation, for a breach of these Terms). NI shall not be liable to you or any third party for mination of the App, or any part thereof. If you object to any term or condition of these Terms, any subsequent modifications thereto, or become dissatisfied with the App in any way, your only ourse is to immediately discontinue use of the App. Upon termination of these Terms, you shall se all use of the App. This Section 15and Sections 5 (Intellectual Property Rights), 7.3 cense to User Submissions), 1(about), 12(Warranty Disclaimers), 13(Limitation of bility), 4(Indemnity), and 16(Independent Contractors) to 18(General) shall survive mination of these Terms. Independent Contractors. You and NI are independent contractors. hing in these Terms creates a partnership, joint venture, agency, or employment relationship ween you and NI. You must not under any circumstances make, or undertake, any warranties, resentations, commitments or obligations on behalf of NI. Assignment. These Terms, and any hts and licenses granted hereunder, may not be transferred or assigned by you but may be igned by NI without restriction or notification to you. General. NI reserves the right to continue or modify any aspect of the App at any time. These Terms and the relationship between and NI shall be governed by and construed in accordance with the laws of the State of Israel, hout regard to its principles of conflict of laws. You agree to submit to the personal and lusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, inconvenient forum objections to such courts, provided that NI may seek injunctive relief in any rt of competent jurisdiction. These Terms shall constitute the entire agreement between you and concerning the App. If any provision of these Terms is deemed invalid by a court of competent isdiction, the invalidity of such provision shall not affect the validity of the remaining visions of these Terms, which shall remain in full force and effect. No waiver of any term of se Terms shall be deemed a further or continuing waiver of such term or any other term, and a tys failure to assert any right or provision under these Terms shall not constitute a waiver of h right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR ATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, H CAUSE OF ACTION IS PERMANENTLY BARRED.