Welcome to “Roojoom” – an online service of user-based content available through Our website at www.roojoom.com (the “Website”) as well as through our mobile application (the “Application“). The Website, the Application and their services will be jointly referred to as the “Service”
These Terms apply to the use of the Service and any content included therein by every computer or other communication means (like cellular phones, PDA’s, etc.). These Terms further apply to the use of the Service via the Internet network or any other communication networks.
The Service is a curation platform that enables you to create guided “Knowledge Tracks” over the web. The newly created object is a “webtrack” consist of web pages (article, video, blog post, etc.) ordered by you along with your insights. Roojoom lets you discover, share and create your own webtracks.
At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein and on your personal account, as may be available from time to time. Any communications that you make with other users of the Service are made strictly between you and such users. The Compamy is not a party and does not assume any responsibility or liability with respect to such communications.
We encourage you to treat content available through the Service with caution and discretion. We do not guarantee and make no representation or judgment about such content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assignees from any and all causes of action and claims of any nature resulting from your and other users’ activities and communications on and through the Service.
Acceptable Use of the Service
The following clauses define the acceptable use of the Service. Subject to the Terms, you may access, use and upload content to the Service and use services and features provided through the Service, for your personal or commercial use.
You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you agree to refrain from willfully, or negligently –
Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Service and any part thereof;
Interfering with, burdening or disrupting the functionality of the Service;
Circumventing or manipulating the operation, or functionality of the Service;
Sending automated or machine generated queries;
Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
Abusing, harassing, threatening, impersonating or intimidating other users;
Linking to the Service from web pages that contain pornographic content or content that encourages racism or wrongful discrimination;
Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
Posting, disseminating, transmitting or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, content which may reasonably be deemed as:
- Infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
- Constituting a violation of a person’s right for privacy or right of publicity;
- Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
We encourage free speech and open discussion on the Service. You may find some of the content posted by other users inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that the content on the Service originates from its users. We do not endorse any user content and its publication does not attest to Our acceptance of it.
The Company may, but is under no duty to, review content that was uploaded to the Service and remove, block access or use of such content, or refuse to upload it on the Service, for any reason that the Company may consider to be justified in its sole discretion, including but not limited to the following reasons:
- To prevent misuse of the Service;
- If the Company deems the content to be in breach of the Terms, or an infringement of any applicable law;
- If your user account is terminated, either by yourself or by the Company;
- If the uploaded content is allegedly infringing a third party’s rights;
The Company does not warrant or guarantee that any content that you wish to upload to the Service will be uploaded or that the Company will make such content available indefinitely.
When you remove content from your account or when you terminate your account, it is no longer available to you or to other users of the Service. However, a copy of the removed content may persist and be used by The Company for back-up and other administrative purposes, for a reasonable period of time.
Unless otherwise written, the content you Post to the Service will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information.
Use of the Service is intended and permitted for persons 13 years of age or older. By using, accessing or registering with the Service you hereby declare that you are 13 or older. If you are under the age of 13 you must avoid any use of the Service. We reserve the right to terminate an account, if We find a user is younger than the minimum age. We may request additional information to confirm your age at any time. Any user found to be younger than the minimum age will have their account terminated.
Registration and User Account
BY REGISTERING AND USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
The Service serves all Internet users. When you register with the Service, or while completing Our contact forms, We will ask you to provide Us with certain contact and personal details, such as your full name and an active e-mail address and to enter a username and password or provide other personal or contact details or attributes that define you as a user. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering and impair Our ability to, provide you with our services, and contact you.
We may also allow registration through various social networks account details (Facebook, LinkedIn, Twitter or Google+). When registering through such networks, you are allowing Us access to your basic profile information. We can only access the information that the relevant social network makes available to Us, according to your privacy settings on the relevant network.
If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Service as a result of conveying your details to someone else.
In addition to any remedies that may be available to Us under any applicable law, the Company may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove content that you uploaded to the Service and take technical and legal measures to keep you off the Service, if the Company determines in its sole discretion that –
- You have abused your rights to use the Service; or,
- You have breached the Terms; or,
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,
- You used of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You have abandoned your account.
Use of the Service is free of charge. However, We may require you to pay fees to use certain Services (“fee-based Services“) on the Service, such as premium services. The rates and payment terms shall be posted at the relevant pages on the Service. We may, at any time and in our sole discretion, transform a free of charge Service to a fee-based Service, and change any rates and payment terms. Failing to settle your payments for a fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to the Company under the applicable law. Any changes in the Company’s fee schedule will take effect immediately after being posted on the Service.
Links and Commercial Information in the Service
The Company may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from the Company or from third parties. If such information originates from third parties, the Company cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. The Company may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish Our goodwill.
THE COMPANY DOES NOT CLAIM OWNERSHIP OVER YOUR CONTENT, SUCH AS TEXT AND IMAGES THAT YOU UPLOAD TO THE SERVICE. HOWEVER, WHEN YOU DO SO, YOU REPRESENT AND WARRANT THAT YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO THAT CONTENT OR THAT YOU ARE LICENSED BY THE RIGHTFUL OWNERS TO POST AND USE SUCH CONTENT ON THE SERVICE AND THAT YOU DO NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.
By uploading content, including data, images and text to the Service, including any and all communications that you make with other users on or through the Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.
Requests to Remove Content from the Service
We respect the intellectual property rights of others. Any requests to remove copyright infringing content from the Service, or counter requests to re-post content, on grounds of mistake or misidentification of the content, must be made in accordance with Our Copyright Policy. After receiving a request to remove or re-post content on the Service, We may act as We deem fit, in accordance with the applicable law.
Changes in the Service
We may change the Service’s layout, design or display, as well as the scope and availability of the content and services including therein, without giving any prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of Operation
The Company may at any time, at its sole discretion, terminate the operation of the Service, or any part thereof, temporarily or permanently. The Company may not give any notice prior to the termination of the Service. At any time, We may block, remove or delete any content from the Service, without maintaining any backup copy. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Service’s operations and loss of any data as a result.
Amendments to the Terms
From time to time, We may change the Terms. Substantial changes will take effect 30 days after the Company has posted an initial notification on the Service’s homepage or on any other relevant page on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless We amend the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Service.
DISCLAIMER OF WARRANTY
THE COMPANY PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. They cannot be customized to fulfill the needs of each and every user. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE do not warrant that THE SERVICE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components. YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE SERVICE is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.
LIMITATION OF LIABILITY
THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless The Company, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving written notice from the Company, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Service, or your violation, or infringement of other persons’ rights.
The following terms apply, if you downloaded the Application from Apple’s App Store. You and the Company agree and acknowledge as follows:
These Terms are concluded between you and the Company, and not with Apple Inc. (“Apple“). We, not Apple, are solely responsible for the Application. In the event of a conflict between these Terms and the Usage Rules set forth for Licensed Applications (as defined in the App Store Terms of Service) or the App Store Terms of Service as of the Effective Date (that is when you indicated your agreement to be bound by these Terms, by clicking the appropriate button), the Usage Rules or the App Store Terms of Service will prevail. If any provision of these Terms is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms of Service, the Usage Rules or the App Store Terms of Service will prevail.
You may use the Application on an iPhone or iPad that you own or control.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
We, and not Apple, are responsible, subject to the Terms, for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited, to (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law, Jurisdiction
These Terms will be governed solely by the laws of the State of Israel without regard to its conflict of law provisions. The competent courts in the city of Tel-Aviv-Jaffa, Israel, will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by the Company, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by the Company’s authorized representative. Failure on the Company’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of Our rights under the Terms.
Changes in Ownership
The Company may incorporate the Service as a separate company or transfer ownerships rights and title in the Service, to a third party, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without the Company’s prior explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at:
Roojoom, Arie Shenkar 13 Herzelia ISRAEL,
Last updated: 1.10.2013