END USER LICENSE AGREEMENT

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.  

By clicking the "accept" or “ok” button, or installing and/or using Stands web browser extension, application, or add-on, as may be applicable to your web browser, (the "App") you expressly acknowledge and agree that you are entering into a legal agreement with Stands Ltd. ("Stands", “we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement ("Agreement").  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 this Agreement please do not download, install or use the App.

1.     Ability to Accept.  By installing the App you affirm that you are over thirteen (13) years of age.  If you are between the age of thirteen (13) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.

2.     License.  Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (i) download, install and use the App on a desktop computer, laptop computer, mobile telephone, tablet or other device (each a "Device") that you own or control to the extent that we offer the App for use on such a Device; and (ii) access and use the App on that Device in conjunction with your web browser (to the extent the App is available for your specific web browser), in accordance with this Agreement and any applicable Usage Rules and Browser Terms (defined below).

3.     Commitment to Charity. We donate half of our net profits (that is, after all expenses and costs have been paid) from the App to charities, not-for-profit organizations and causes based on the selections made by Stands users.

4.     License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (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; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Stands name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

5.     Account.  In order to use some of the App features you may have to create or use an account ("Account").  If you create an Account, you must provide accurate and complete information for yourself as requested by the App.    If you do not create an Account, certain functionality and features ("Features") of the App may be unavailable to you. 

6.     Usage Rules and Browser Terms.  If you download the App from a third party platform or distributor ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the App ("Usage Rules").  Examples of Usage Rules include the Google Chrome Store Terms of Service, available at: https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html, and the Firefox Market Terms of Use, available at https://marketplace.firefox.com/terms-of-use, but other Usage Rules may be applicable depending on where the App is downloaded from. In addition, your use of the App is subject to the terms which govern your use of your web browser ("Browser Terms"). You acknowledge that, prior to downloading the App: (i) you have had the opportunity to review and understand, and will comply with all applicable Usage Rules and Browser Terms. The Usage Rules and Browser Terms that are applicable to your use of the App are incorporated into this Agreement by this reference.  You represent that you are not prohibited by any applicable Usage Rules, Browser Terms, and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

7.     Third Party Agreements.  You may not use the App to violate the terms and conditions of any third party websites you visit while using the App or the rights of any third parties. Any such use of the App is your sole responsibility.

8.     Third Party Sources and Content.

8.1.     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").  "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers. 

8.2.     We are not affiliated with and 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. 

8.3.     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. 

8.4.     We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.

8.5.     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. 

8.6.     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 Stands, and release Stands from any and all liability, arising from your use of and interaction with 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.

9.     Intellectual Property Rights.

9.1.     Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Stands and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software).  We reserve all rights not expressly granted herein to the App.  "Intellectual Property Rights" means any and all rights 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, whether foreign or domestic. 

9.2.     Content.  The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Materials"), and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the "Content"), is the property of Stands and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “Stands” and the Stands logo are Marks of Stands and its affiliates.  All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.

9.3.     Use of Content. All content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever 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.

10.  Payments.  Please be aware that your use of the App (like your browser) may require and utilize internet connection or data access.  To the extent that a third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

11.  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 without the requirement of giving you any notice prior to or after making such changes to the content.

12.  Third Party Open Source Software.  Portions of the App may include third party open source software that are subject to third party terms and conditions ("Third Party Terms").  A list of any third party open source software and related Third Party Terms is available at standsapp.org\opensource.  If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.

13.  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 standsapp.org/privacy ("Privacy Policy"), and you agree that we may do soPlease also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information).  You are solely responsible for maintaining the security of your Device from unauthorized access.

14.  Government Use. If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the App is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The App is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the App by the Government shall be governed solely by the terms of these Terms.

15.  Warranty Disclaimers.

15.1.  THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 

15.2.  While the app is intended to filter out unwanted material and TO protect your privacy, we cannot and do not warrant that the APP will prevent the display of all such material or completely protect your privacy from third parties.

15.3.  WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the APP.  YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

15.4.  IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

15.5.  Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

16.  Limitation of Liability.

16.1.  UNDER NO CIRCUMSTANCES SHALL STANDS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP.

16.2.  IN ANY EVENT, STANDS' TOTAL AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO STANDS FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. 

16.3.  THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 18 SHALL APPLY: (i) EVEN IF STANDS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.

17.  Indemnity.  You agree to defend, indemnify and hold harmless Stands 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 violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  Without derogating from or excusing your obligations under this Section 19, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it.  You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval. 

18.  Export Laws.  You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 

19.  Updates and Upgrades.  We may from time to time provide updates or upgrades to the App (each a "Revision"), but are not under any obligation to do so.  Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you.  You consent to automatic updating or upgrading of the App.  All references herein to the App shall include Revisions.  This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision. If you deactivate or do not allow automatic updating by the App or if you do not install updates to the App as may be directed by us or the App, you may not be able to use certain Features of the App or the App may not function properly or at all.

20.  Term and Termination.

20.1.  Term and Termination. This Agreement is effective until terminated by us or you.  We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing.  If you object to any term or condition of this Agreement 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. 

20.2.  Effect of Termination. Upon termination of this Agreement, you shall cease all use of the App. 

20.3.  Survival. This Section 20 and Sections 8 (Third Party Sources and Content), 9 (Intellectual Property Rights), 13 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 21 (Assignment) through 24 (General) shall survive termination of this Agreement.

21.  Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Stands without restriction or notification. Any unauthorized assignment shall be null and void.

22.  Modification.  We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App.  Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

23.  Governing Law and Disputes.  This Agreement and any dispute relating to the App or this Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  Notwithstanding the foregoing, we may seek injunctive relief in any jurisdiction.  

24.  General.  This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Stands concerning the App.  In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice.  No amendment to this Agreement will be binding unless in writing and signed by Stands.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction: (i) the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect; and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. No waiver of any term of this Agreement 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 this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and duly signed by the waiving party.  All section and sub-section headings used in these Terms are for convenience only, and shall not be relied upon or used in interpreting these Terms.  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.

Last updated:  February 15, 2015

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