Where you came from ?! TERMS OF USE - Tie Breaker
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TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

These terms of use (together with the documents referred to herein) (the “Terms“) form the terms of use on which you may make use of our website www.tiebreaker.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, uploading content or registering to use our site.

Please read these Terms carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these Terms and that you agree to comply with them.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.

YOU ARE NOT ALLOWED TO USE OUR SITE, UNLESS YOU ARE AT LEAST 18 YEARS OF AGE.

By accessing or using our site you affirm that:

  • you can form a binding contract (i.e. the Terms) with us; and
  • you are over the age of 18.

Other applicable terms

These Terms refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (the “Privacy Policy“), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Changes to these terms

We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on this page with a new “effective date” shown as “Last Updated”. All such changes in the Terms shall be effective from such effective date. Your continued use of our site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using our site.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Using our site

When using our site, you agree to comply with the following requirements at all times:

  • You will comply with these Terms as well as the Privacy Policy at all times.
  • You will comply with any law or regulation applicable to you.
  • You will not use our site in a manner that is unlawful or illegal or that infringes these Terms or the Privacy Policy.
  • You will not interfere, attempt to interfere, or assist anyone in interfering or attempting to interfere with the proper functioning of our site.
  • You will not modify, attempt to modify, or assist anyone in modifying or attempting to modify any software or file that is part of our site without our permission.
  • You will not disrupt, disable, overburden or impair our site or the proper working of any server(s) we use to operate or support our site, or attempt to do so, or assist anyone in doing so or attempting to do so.
  • You will not perpetrate, try to perpetrate, or assist anyone in perpetrating or trying to perpetrate any attack on our site, be it by means of viruses, by using automated means (such as harvesting bots, robots, spiders, or scrapers) or by any other means.
  • You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive, by whatever means, the source code for any underlying software or other intellectual property used to provide our site, or to obtain any information from or about our site.
  • You will not make improper use of the support service we may offer or submit false or misleading reports or queries.
  • You will not access, intercept or otherwise collect, or attempt to do so, or assist anyone in doing so or attempting to do so, by whatever means, information from or through our site.
  • You will not solicit, attempt to solicit or assist anyone in soliciting or attempting to solicit personal or login information from other users of our site.
  • You will not use our site to transmit unauthorised commercial communication or any other unauthorised communications such as spam, junk mail and other unsolicited communication to users, end users and third parties, chain letters, or any other material that promotes malware, spyware and other downloadable items.
  • If available, you may subscribe to our site using your e-mail address. You agree that you will only provide your genuine e-mail address. By providing your e-mail address, you agree and give you explicit consent that we may send you e-mail from us and our partners, from time to time, including any emails with commercial content.

End User Data and Information

Our site may collect data about the visitors (including e-mail addresses) of our site and may monitor the interaction between them and our site (“Data Collection“). By using our site you agree to the Data Collection.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process, subpoena or governmental request;
  • enforce these Terms, including investigation of potential violations of it;
  • detect, prevent, or otherwise address fraud, security or technical issues;
  • respond to user support requests; or
  • protect our, our users’ or the public’s rights, property or safety.

Intellectual property rights

The content on our site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Content and any other content on our site (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.

Content on the our site is provided to you “AS IS” for your information and 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. We reserve all rights not expressly granted in and to our site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of our site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our site.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Subject to these Terms, we grant you a limited, non-transferable, non-exclusive, non-assignable and revocable permission to access and make personal, non-commercial use our site, provided that:

  • You will not copy, distribute or modify any part of our site without our prior written authorization;
  • You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
  • You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
  • You will not disrupt servers or networks connected to our site; and
  • You comply with these Terms.

Using our site does not give you ownership of any Intellectual Property Rights in our site or the content you access.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

You understand that when using our site, you will be exposed to User Content from a variety of sources, and we take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our site, or the defamatory, offensive, or illegal conduct of any third party, and you agree that the risk of harm or damage from the foregoing rests entirely with you.

We do not warrant, endorse or guarantee any User Content, product, or service that appears in its users’ submission or that is featured or advertised on our site.

You understand and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of our site.

TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT OUR SITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT OUR SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF OUR SITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF OUR SITE, 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 BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF OUR SITE.

Limitation of our liability

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We, our affiliates and their respective officers, directors, employees, licensors, assigns and agents will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, OUR SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

You expressly acknowledge and agree that:

  • use of our site is at your sole risk;
  • the services in connection with our site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied;
  • we have no control over, and no duty to take any action regarding: (i) which users gain access to our site; (ii) what effects the content may have on you or third parties; (iii) how you may interpret or use our site; or (iv) what actions you or any third party may take as a result of having been exposed to our site;
  • our site may direct you to websites containing information that may be offensive or inappropriate and we make no representations concerning any such content and is not responsible or liable for the accuracy, copyright compliance, legality or decency of any such content;
  • to the fullest extent permitted by any applicable law, we shall not be liable for any damages or injury whatsoever caused by or related to use of, or inability to use, our site under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that we shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, our site;
  • you further specifically acknowledge that we are not liable, and you agree not to seek to hold us liable, for the conduct of third parties, including other users of our site, end users and operators of external sites, and that the risk of our site and external sites and of injury from the foregoing rests entirely with you;
  • your sole and exclusive remedy for any dispute with us is to stop using our site; and
  • some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, therefore, some of the above limitations in the section may not apply to you.

Indemnity

You agree to defend, indemnify and hold us harmless from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, from our site or your: (a) breach of these Terms; (b) access, use or inability to access or use our site; (c) breach of any third party rights (or any end user rights), including without limitation, any copyright, proprietary, or privacy right; or (d) breach of any law or regulation.

Uploading content to our site

The platform in our site enables you and other users of our site to post content and upload user content (including without limitation information, data, notes, text, documents, files, messages, signs, symbols, icons, images, photos, drawings, animation, graphics, charts, designs, scripts, code, audio, video, clips, comments, software, links, and other materials). Anything that you or other users upload or post or otherwise make available on our site is referred to as “User Content“.

Any content you upload to our site will be considered non-confidential and non-proprietary.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with these Terms.

You warrant that any such contribution of User Content does comply with the Terms, and you will be liable to us and indemnify us for any breach of that warranty.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards as determined by us, from time to time.

You may request the deletion of the User Content that you uploaded to our site at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.

When you upload or otherwise submit User Content to our site, you hereby give us (and our successors, and those we work with) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to host, store, reproduce, copy, remove, retain, add, process, analyze, modify, create derivative works, improve, communicate, publish, distribute, publicly perform, publicly display and distribute, use and commercialize such User Content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties. You further waive any moral rights in your User Content, to the extent permitted by law.

You also hereby grant each user of our site or other viewer of the User Content a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Content.

This license will survive these Terms and continue even if you stop using our site.

Nothing in these Terms shall restrict other legal rights we may have to User Content (for example under other licenses).

We have the right – but not the obligation – in our sole discretion and without further notice to you, to monitor, censor, edit, modify, delete, and/or remove any and all Content posted on our site (including User Content) at any time and for any reason.

Without limiting the foregoing, we have the right – but not the obligation – to delete any User Content that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.

These rights do not necessarily mean that we review content, so please don’t assume that we do.

Any information you upload or otherwise submit to our site is at your own risk of loss.

You shall be solely responsible for your User Content and the consequences of posting or publishing them.

By uploading or otherwise submitting User Content to our Site, you represent and warrant that:

  • you are entitled to upload or submit the User Content;
  • you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to any of your User Content, and to enable inclusion and use thereof on our site, as contemplated by these Terms;
  • such User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, 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, foreign or domestic.

It is your responsibility to keep your User Content accurate and updated.

AS A CONDITION TO USING OUR SITE, AND AS A CONDITION TO UPLOADING OR OTHERWISE SUBMITTING USER CONTENT TO OUR SITE, YOU AGREE TO THESE TERMS AND TO STRICTLY OBSERVE THE FOLLOWING:

You will not display, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that:

  • falsely states, impersonates other person or misrepresents any identity;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is copyrighted, protected by trade secret, patent, trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights;
  • includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • promotes illegal drugs, escort services or prostitution, or violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • is unlawful, defamatory, libelous, abusive, obscene, discriminatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable or inappropriate;
  • contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or of any user of our site or of any third party;
  • involves theft, money laundering or terrorism;
  • forges or manipulates identifiers in order to disguise the origin of any User Content or other communication transmitted through our site; or
  • is otherwise malicious or fraudulent.

THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES.

We reserve the right to access, read, preserve, and disclose any User Content (whether published or not) or any other information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process, subpoena or governmental request;
  • enforce these Terms, including investigation of potential violations of it;
  • detect, prevent, or otherwise address fraud, security or technical issues;
  • respond to user support requests; or
  • protect our, our users’ or the public’s rights, property or safety.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Copyright and Content Policy

It is our policy to respect the legitimate rights of copyright and other intellectual property owners.

We have designated an agent (specified below) to receive notifications of claimed copyright infringement on our site. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the our site, with enough detail that we may find it on our site; providing URLs in the body of an email is the best way to help us locate content quickly;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: contact@tiebreaker.com

Counter-Notification

If you believe that the material you posted was removed by mistake, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact contact@tiebreaker.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by Israeli law.

We both agree to the exclusive jurisdiction of and venue in the competent courts in Israel.

Contact us

To contact us, please email contact@tiebreaker.com

Thank you for visiting our site.

Last Updated: June 2015