(Last Modified: December, 2022)
Acceptance of These Terms: You hereby acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your installation of the App and use of the Services. THEREFORE, PLEASE DO NOT INSTALL THE APP AND ACCESS, VIEW OR USE THE SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
These terms, constitute the entire understanding between the parties with respect to the use of the Services and Content. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- AGE LIMITATION AND ELIGIBILITYYou hereby represent and warrant that you are at least 13 years old (or not below the minimum legal age in your country to use our Services) and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order or law to enter into in any agreement.
- AMENDMENTSWe reserve the right, at our discretion, to revise or update these Terms at any time. Such amendments shall be effective upon the publication of the amended Terms. The date of the last revision will be reflected in the “Last Modified” heading located at the top of the Terms. Your continued use of the Services thereafter constitutes your consent to such changes and you agree to be bound by them. We therefore ask you and recommend that you periodically review these Terms for any changes.
- OUR SERVICES
- Subject to the Terms, you may install the App and use the Platform, which enables you: (1) to upload photos and videos to the Platform and edit the content with Yoom’s 3D technology; (2) to share your edited content on social platform; (3) to use and edit other user videos that were published on the Platform (if made available by the author); (4) to offer your videos for sale or purchase of users’ videos and (5) create a concert and post it on our Platform.
- Currently the Platform and Services are offered to users free of charge, however, Yoom may, in its sole discretion, change such offering and subject the use of the Platform, or any part of the Services, in payment of subscription fees or other consideration.
- REGISTRATION TO THE PLATFORM, USER’S ACCOUNT & PROFILE:
- You hereby represent and warrant you will provide accurate and complete information. In addition, you may provide solely your own information. It is strictly prohibited to use false identity, impersonate any other person or use a name that is not yours to use. In the event of untrue or inaccurate information, Yoom may suspend or terminate the Account. During the process of registering, you will designate personal and exclusive user name and password to access the Account. You are solely and fully responsible for maintaining the confidentiality of the password and username of your Account and for all activities that occur under the Account, including if made on whom on your behalf. Unauthorized access or use of the Account or Services must be immediately reported to Yoom at: email@example.com.
- Yoom may, in its sole discretion, refuse to offer access to or use of the Services to any user, and change its eligibility criteria at any time, without liability to the users or any third party. Yoom may terminate your Account immediately and without prior notice if you do not comply with these Terms or if we believe your participation or use of the Platform or the Services does not comply with any applicable laws.
- RESTRICTIONS OF USE
- The Services and the Content are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Services or attempt to derive the source code or gain unauthorized access to the Services or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the Services; (b) reproduce the Content, prepare derivative works, distribute, perform publicly or display publicly the Content without our prior written approval (and except as permitted under applicable law); (c) commercially exploit the Services or any portion thereof; (d) use the Services or the Content in any fraudulent or unlawful manner; (e) use the Services in any way that violates any provision of these Terms; (f) assert any proprietary rights in or to the Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; or (g) use our name, logo or trademarks without our prior written consent.
- We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or for no reason, at our sole discretion.
- INTELLECTUAL PROPERTYExcept as expressly stated under these Terms, we or our licensor retain all right, title ownership and interest in and to the Services and the Content (excluding Third Party Content), copyrights and trademarks, product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the website which are not expressly granted herein.
- USER GENERATED CONTENT
- User Generated Content refers to a wide variety of media content that is produced, posted, submitted and uploaded to or on our Services by you and by other users as opposed to content made by us, including, among others, images, photos, videos, audio files, posts, texts, icons, links, opinions and feedback (“UGC”). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any UGC. You further agree that you will not upload any UGC that: (i) violates any applicable law; (ii) contains any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory language, adult or pornographic content, alcohol-related or illegal drug content; (iii) contains any content which is copyrighted, protected by trade secrets or may infringe third party intellectual property or content which may infringe the right to privacy or create a risk to an individual’s safety or health or; (iv) contains any content which is considered to be unfair or deceptive under consumer protection laws, or unauthorized commercial communications including advertising, spam, incentivized or promoting any service or product.
- You are solely responsible for any and all UGC produced, submitted and uploaded to or on our Services. We are not responsible for any personal content and information which you choose to submit or share through the Platform and you are solely responsible to protect your privacy by what you decide to publicly share through the Platform. You should share UGC with discretion and in accordance with these Terms and applicable law. We provide you with certain controls of your UGC, including the ability to decide if you share or not, where to share and with whom. In addition, you are entitled to delete your UGC from your Account at any time. Notwithstanding the foregoing, Yoom may, but is not obligated to, review all UGC and block, modify, edit, delete, terminate access to, or remove any such UGC that Yoom, in its sole discretion, considers as non-compliant with any of the requirements of these Terms or applicable law.
- Yoom reserves the right to purge UGC from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any UGC uploaded to or received from the Platform or through the Services. Yoom shall not be liable for any purging, deletion or failure to retain any UGC.
- Users retain ownership of their UGC, and you may use your UGC at your discretion. However, as part of these Terms, you hereby grant Yoom with a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use your UGC as we believe is reasonably needed to operate and provide the Platform and the Services. This includes, for example, to store, use, run, copy, publicly perform or display, publish, translate and create derivative works of your UGC, in order to provide Services.
- Please note that once you choose to share or sale UGC through the Platform, such UGC and might be shared by other users outside the Platform, you may lose control of it, and it can be accessed, used, copied and shared by any users.
- You should be aware that any UGC you publish, share or sell through the Platform may be viewed and used by other users, as well as the general public. Yoom does not, and is not able to control or monitor the manner in which any third parties (including other users) use your UGC, and specifically if and how they use it on other media channels, and we shall not be responsible for any such third parties’ use. Note however, we do enable you to report any behavior of other users that might be considered as infringement of these Terms and our policies while using the Platform – for information, please see the Reporting, Notice & Takedown Procedure below.
- If you share UGC on the Platform and later wish to delete such content, we cannot guarantee that the UGC has not been copied or downloaded in the meantime by other users and is retained by them (even in the event you have locked such option).
- You acknowledge that any and all UGC, does not originate from us. Other than in specific circumstance, where we are made aware of UGC which is considered as violating our Terms and policies, Yoom does not monitor nor control UGC made available, uploaded or shared by users, publicly or through private messaging. In any event, Yoom shall not be responsible for any UGC, and does not guarantee the accuracy, integrity, quality, completeness, accessibility, compatibility, suitability, reliability, availability, or non-infringement of such UGC.
- We have the sole and absolute right and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, at our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Notwithstanding the above, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to UGC, which you may find inaccurate, offensive, indecent, or objectionable.
- REPORTING, NOTICE & TAKE DOWN PROCEDURE:
- Yoom respects the rights of users and third parties. If you believe certain UGC shared through the Platform or Services infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., or otherwise violates these Terms, you should notify us of such content, by sending us an email to firstname.lastname@example.org
- We will respond to any such notice we receive alleging an infringement of rights or these by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred.
- When providing us with notification of infringing content, please specify the following details:
- Identify the material that you claim is infringing, along with information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location (e.g., the applicable Profile) and screenshots;
- If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any UGC on the Platform has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party you are authorized to act on its behalf, please also identify the copyrighted work or material that you claim has been infringed, along with information reasonably sufficient to permit us verify its existence;
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing content (email address is preferred);
- Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
- Yoom may block contested UGC, and may reinstate it, and shall not be liable for any such action taken in connection with contested UGC.You may find UGC you don’t like, but doesn’t violate these Terms. If that happens, you can unfollow or block the person who posted it.
- If you report an alleged copyrights infringement, be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the notice.
- Please remember by submitting a notice you will be initiating a legal process, hence, please do not make any false claims. Many disputes and misunderstandings can be resolved directly between members of the Platform. If one of your photos or videos was posted by someone else, you could try commenting on the post and asking the person to take it down. Don’t target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
- We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
- DISCLAIMER AND LIMITATION OF LIABILITYYOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM, THE SERVICES AND ANY OF THEIR CONTENT AND FEATURES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
We disclaim all warranties, express or implied, of any kind, regarding the Platform and the Services (including any content, information, software, links, advertisement, deep linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.
The Platform may not support all types of devices. The Services are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent use of the Services.
Yoom shall not be responsible for any damage which may be caused due to a malfunction or defect of the software underlining the Platform or access to the Platform or due to cancellation or termination of the Services. Yoom shall not be responsible or liable for any errors or inaccuracies in the information or content displayed on the Platform. Specifically, Yoom shall not be responsible or liable to any UGC which Yoom does not review or endorse. Yoom does not monitor or verify the identity of users and you should take needed precautions when corresponding with any other users or providing them with your personal information, specifically Parents should control their child’s use pf the Services.
IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES OR THE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.IN NO EVENT SHALL THE COMPANY’s AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES AND THE CONTENT SHALL EXCEED $100 (US DOLLARS).
- INDEMNIFICATIONYou agree to defend, indemnify and hold harmless the Yoom and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
- DISPUTE RESOLUTIONThese Terms are governed by and construed in accordance with the laws of the State of Israel. You hereby agree to resolve any dispute you have exclusively with the competent courts of Tel-Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred thereafter.
- FURTHER QUESTIONS?If you have any questions regarding these Terms and the Services, or you wish to report violators of these Terms, you may contact us via email at: email@example.com
You may also contact us at:
Shoham Street 2, Tel Aviv-Yafo, Israel 5251003