Recently updated: Dec 2019
Welcome to The Theappear’s internet website, at theappear.com (the “Site”). The Site and its owners (“Us“ or “We“) offers an aggregated collection of news, information, pictures and videos and any other content, created by us and/or by external sources and/or by content provided the users of the Site (as defined below). (together, the “Services“).
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “User” or “you“) agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Site and related to User’s use of the Site and/or Services, each as amended by us from time to time. As long as you do not cease using this Site or the Services, you will be conclusively deemed to have accepted these Terms.
- Provision of Services
The Services are provided subject to the Terms. You are encouraged to review our guidelines page for additional information regarding the Services.
Usage of the Site is conditioned upon agreeing to these Terms.
- Uploaded Content
The Site may allow you to upload and/or submit content and materials (including any data, text, information, graphics, photos, profiles, audio clips and videos and links). By providing such content and materials to the Site and/or to Us, you are waiving any and all rights in said content, including any intellectual property rights, to any data or information uploaded onto the Site. This data/information shall be regarded to and viewed as the Site’s “Content” from the moment of its creation on the Site. We require users to waive those rights (including intellectual property rights) in order for us to make fruitful use of the uploaded content and in order to provide you with the full-scope of satisfactory Services. Furthermore, by providing such content you represent and warrant that:
- you are entitled to submit such content and materials and that the content and materials are accurate, not confidential, and not in violation of any contractual restrictions or other third party rights, and does not violate the intellectual property rights of any other third party;
- you grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid and royalty-free right to copy, prepare derivative works of, change, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information and/or content and/or materials you provide, directly or indirectly to the Site, including, but not limited to, any user generated content, images, videos, ideas, concepts, techniques and/or data, without any further consent, notice and/or compensation to you or to any third parties.
- You allow us to remove or to refuse to post and/or edit or modify any information and/or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
- You allow us to change and/or modify the materials you provide to the site in any way for editorial or commercial reasons, or for any other reason;
- You allow us to post the materials on the Site and/or provide them to third parties and/or use the materials in any other manner and for any other purpose, without providing you credit or stating that such materials were created by you.
- Intellectual Property
All the content, logos, graphics, design, information, text, images, data and other material displayed, available or present on the Site, including (without limitation) copyrights, trademarks, service marks, trade names and content generated by US and/or the Users of the Site are the copyrighted and/or trademarked work of Us solely or of our affiliates, and may not be used without express written permission from Us, other than for attribution.
You may take a print copy of certain section of the Site for your personal use as is reasonable for private purposes. All other use is strictly prohibited. You acknowledge and agree not to copy, republish, transmit, reproduce, modify or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the prior written consent of Us.
For the avoidance of any doubt, it is expressed that the prohibition on commercial or business use of the information applies to all types of information on the Site, including content and publications of third parties that are not the our property.
Nothing in this policy shall be deemed to assign or transfer any rights to any of our intellectual property. You may not frame the Site without our express permission, nor may you modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the content presented on the Site in any manner.
- Privacy Statement
Other than with respect to Personal Data (as defined below), if you provide information via the Services, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.
- Warranty Disclaimers
Any and all information contained in this Site, is not necessarily comprehensive, accurate or complete. The content of the Site may be changed, improved or updated without notice . We cannot accept any liability for any inaccuracies or omissions in this Site and/or the information contained in the Site. We disclaims all express and implied warranties with regard to the information and materials contained on this Site, including without limitation implied warranties of merchantability, and non-infringement. The Site may contain links to external websites and We are not responsible for the content or operation of any such external websites.
Any decisions you make based on information contained in this Site are your sole responsibility.
User acknowledges and agrees that the Site and/or Service are provided “as is,” “as available,” and “with all faults,” are used only at the user’s sole risk, to the fullest extent permissible by law. We disclaims all warranties, express or implied, of any kind, regarding the Site (and its content, information, software, and links), 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 you to the fullest extent permitted by applicable law.
- LIMITATIONS ON LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE AND/OR OUR PARTNERS AND/OR OUR AFFILIATES AND/OR OUR EMPLOYEES, BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES. YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST US AND/OR OUR PARTNERS AND/OR OUR AFFILIATES AND/OR THE SITE. YOU AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS, AND THAT THE SITE AND ITS MATERIALS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHILE WE PROHIBIT ANY MISUSE OF THE SITE, WE TAKE NO RESPONSIBILITY FOR YOUR EXPOSURE TO CONTENT ON THE SITE WHETHER IT VIOLATES OUR CONTENT POLICIES, TERMS AND POLICY OR NOT.
YOU AGREE THAT INFORMATION AND OPINIONS IN CONTENT CREATED BY THIRD PARTIES REPRESENT SOLELY THE THOUGHT OF THE AUTHOR AND ARE NEITHER ENDORSED BY US OR REFLECT OUR BELIEFS. YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CERTAIN CONTENT WHICH MAY VIOLATE OUR POLICIES OR OTHERWISE BE OFFENSIVE TO YOU.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US REGARDING YOUR USE OF THE SITE ARE TO DISCONTINUE YOUR USE. THE SITE AND/OR WE AND/OR OUR AFFILIATES AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, , CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, TO YOU OR ANY THIRD PARTY, RESULTING FROM YOUR ACCESS OR USE OF THE SITE, AND EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER OPEN ACCESS TO THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND/OR OUR AFFILIATES AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING IN ANY WAY FROM YOUR ACCESS TO THE SITE AND/OR IN CONNECTION WITH ALL DETAILS, CONTENT, MATERIALS, INFORMATION AND DATA THAT YOU UPLOAD AND/OR SUBMIT ONTO THE SITE OR ANY VIOLATION OF THESE TERMS BY YOU.
In connection with your use of the Services, and without limiting any of the other obligations under these Terms, a separate agreement and/or applicable law, you shall not, and shall not permit others to:
- use Site and/or Services for any purpose other than those expressly set forth in these Terms
- Attempt to gain unauthorized access to the Site or its servers or to the network associated with the Site, or modify the Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the Services, servers or networks connected to the Site or the Service, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
- Upload and/or publish on the site any material that infringes the proprietary rights of others;
- Use the Site for any illegal or harmful activity or for any activity prohibited by these Terms.
- Violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).
- Collect and/or use any information made available on the Site (including contact information) in order to send unsolicited communications, including without limitation, unsolicited bulk email (collectively, “spam”) and that you will not use the communications facility of the Site to deliver Spam;
- Bypass any security measure used on the Site, or any servers and/or network associated with the Site and you will not use the Site in any wrongful of harmful manner.
- Transmit via the Site and/or the servers associates with the Site any computer virus, worm, harmful program, Trojan horse or any other potentially malicious and/or illegal computer code.
- Use the Site to harass or intimidate other users of the Site or any other third party.
- Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Services
- Allow any access to or use of the Services by anyone other than your authorized users;
- Make any agreements, covenants, representations, warranties or guarantees concerning us or the Services that are inconsistent with or in addition to those contained in these Terms
- Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to us, the Site and/or the Services; and You will not use the Site to post any adult content such as violent materials, nude, sexually offensive photos and/or videos, of any kind and/or any material relating to and identifying minors and/or any material that constitutes defamation of a person or compromises privacy, any material the publication of which is prohibited pursuant to the provisions of any law and/or any material that might mislead a consumer (within the meaning thereof in the Consumer Protection Law, 5741-1981).
- Post any material that encourages and/or assists in the performance of an act that constitutes a criminal offence pursuant to the laws of the State of Israel;
- Crawl, scrape, or otherwise cache any content from the Site, without our prior written consent.
- Participate in and/or contribute to or assist in file sharing activity and not to participate in and/or contribution to the transfer of information and/or the referral and/or creation of links to infringing websites and/or infringement of the proprietary rights of third parties;
- Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
- Changes to the Terms. We reserve the right to change these Terms from time to time. Please check this page frequently and particularly before you submit additional personal information using this Site. Continued use of the Site, following any such change, will indicate your acknowledgement of such change and agreement to be bound by the revised Terms. All such changes will apply to previously collected information. Therefore, please make sure you check the Terms regularly.
- Assignment. We may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
- Non Waiver. Our failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
- Choice of Law. The Site, the Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.