Last modified: 23 June 2015
1. This Terms of Service Agreement (the "Agreement") governs your ("you" or "user") access to or use of our website, available at http://penguinmd.com/ (the "Service").
4. You may not use or access the Service if you are not of legal age to enter this Agreement, or if you are legally unable, under any applicable laws or regulations in the country in which you are resident or from which you use the Service, to enter into his Agreement. By accessing or using the Service you represent that you have reached the age of legal age and that you are legally able to enter into this agreement.
5. Our Service allows you to post commentary, share your opinions, discuss your views with other users in our community and upload content, including, without limitation, text, photos, images, advice, or other works or material ("User Content").
6. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby warrant that you own or hold all necessary rights and permissions to upload or transmit the User Content in connection with the Service, and that you have the written consent, release, or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by this Agreement.
7. We do not warrant, monitor, review, endorse, guarantee, make any representation of or responsible for any User Content which is found within, submitted, transmitted, displayed or downloaded via the Service; You hereby acknowledge that we do not monitor User Content and we will not assume any responsibility or liability whatsoever for any User Content, or any part thereof, which is found within or submitted via the Service, and thereby you may be exposed to inaccurate or objectionable material. You hereby acknowledge that your use of the Service, in connection with any User Content uploaded or transferred by a third party, and any User Content submitted, posted or transferred by you in connection with the Service, or any of your interactions with any other person in connection with the Service, is at your sole risk, and we will not be liable for any loss or damage that may result from your use of the Service in connection with any User Content (whether submitted, downloaded, transmitted or displayed by you or any other third party).
Use of Service
8. Please do not use the Service in a manner which (including posting, uploading, submitting or disseminating any User Content):
• Impersonates any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate information;
• Violates other users’ or third parties’ rights to privacy, publicity, proprietary and other rights;
• Modifies, adapts or hacks the Service or modify another website so as to falsely imply that it is associated with the Service;
• Violates or promotes the violation of any local, state, national, or international law or regulation, including any intellectual property law;
• You must not access Service's private API by any other means other than the Service application itself.
• Crawl, scrapes, or otherwise caches any content from the Service, or access the Service by any automated means;
• Promotes or makes use of advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communications;
• Disseminates material which a reasonable person could deem to be: stalking, offensive, inaccurate, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity;
• Remove, disable, circumvent, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to the Service or any portion thereof, or interfere with or disrupt the performance of the Service or the ability of any other person to use the Service, or transmit any material that contains any viruses, worms, Trojan horses, or other destructive items or harmful codes, or degrade the performance of the servers in any way;
9. You hereby grant us all worldwide, non-exclusive, transferable, sub-licensable, assignable, fully paid-up, royalty-free, license to host, transfer, publish, distribute, copy, publicly display or perform, modify, adapt, make derivative works based upon, commercially exploit or otherwise use in any manner and for any purpose the User Content, without any claim for reimbursement by you or a third party, and you hereby consent to waive or procure the waiver of all rights in the User Content. You hereby acknowledge that we do not guarantee, and are not under any obligation of, confidentiality with respect to any User Content, and agree that any User Content provided in connection with the Service is provided on a non-confidential basis.
10. You understand and agree that Service cannot be responsible for any third party content, including User Content, posted or made available through the Service; and you nonetheless that your use of the Service in connection with such content is at your own risk.
11. The Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Service may place such advertising and promotions on the Service or on, about, or in conjunction with content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Proprietary Rights and License
1. The Service contains Content ("Service Content") which is protected by copyright, trademark, patent, trade secret and other laws; we hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Service Content (excluding any software code) solely for your personal use in connection with viewing if the Site and using the Service.
2. The Service contains content of users and other Service licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service Services.
3. The Service does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials of any third party or any other User Content. By displaying or posting any content on or through the Service, you hereby grant to Service a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly will not be distributed outside the Service.
4. We retain all rights, titles and ownerships in the Service or any part thereof, including without limitation, the design and layout of the Service, Service Content, including any reports, images, graphics, videos, text and audio, copyrights, patents, trademarks, service marks and logos, database, registered or not ("Service Materials"), except where expressly excluded in this Agreement or with our prior express permission.
5. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Service Materials, without our prior explicit written consent. You are granted a limited and revocable right to use the Service, pursuant to the terms of this Agreement, and for personal use only (unless with our prior and express permission), and under no circumstances are you acquired any right, interest or title to any part of the Service Materials.
Assign Rights & Waiver
6. We may assign our rights according to this Agreement to any third party at our sole discretion. You may not assign or delegate your rights according to this Agreement, without our prior written consent.
7. Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of us shall not constitute concession, waiver or relinquishment of any sort, and shall not limit our rights with respect to any breach or any subsequent breaches. A waiver of any breach of any term of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other terms of this Agreement.
Third Party Websites
8. Our Service contain links to websites, blogs and other platforms operated or administered by third parties that are out of our control ("Third Party Platforms"); your access to any such Third Party Platforms is at your sole risk. We do not warrant, monitor, review, screen, endorse, promote, guarantee, make any representation of or responsible for the content or material which is found within Third Party Platforms. We encourage you to review the applicable policies which govern your relationship with such Third Party Platforms prior to any access to or use thereof. We will be not responsible, in any manner whatsoever, for any content in Third Party Platforms or their practices, or for your use of or inability to use such Third Party Platforms. You explicitly relieve us from any and all liability arising from your use of any Third Party Platforms.
9. You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that:
• The Service is provided to you "AS IS", and that your use of the Service or of any information provided or otherwise disseminated in connection with the Service is at your sole risk.
• Albeit we take great measures to ensure that our Service is not misused and that any information displayed or available in our Service is accurate and current at all times, and correct errors or omissions as quickly as possible, we cannot guarantee that mistakes will not occur or that such information will be fault-free or current.
• We make no warranty or representations of any kind, whether express or implied in connection with the Service and your use of the Service or any information provided or otherwise disseminated in connection with the Service (including User Content), and shall not be held liable or responsible with respect to the Service and its quality, fitness for any particular purpose and promises of specific results, any modification, suspension or discontinuance of the Service, lack of accuracy, errors or omissions in any information displayed in the Service, availability in any location, completeness, correctness, performance, continuity, merchantability, reliability, error-free, malware-free, network-related problems, non-infringement of third party rights (including, but not limited to, intellectual property or privacy rights) and security of the Service, its content or any part thereof. You are solely responsible for your use of the Service and any damages to your devices, including without limitation loss or exposure of data, as well as for your compliance with any applicable laws or regulations. We reserve the right to modify, change or remove, at any time, any information displayed in our Service.
10. We do not warrant, endorse, guarantee or responsible for any third party content or materials, including without limitation advertisers, other users of the Service and parties who offer services through the Service, and will not be liable to any damage or claim for any third party content, User Content or any content in Third Party Platforms or any part thereof, including without limitation, its accuracy, engagement with commercial activity, spam, or any attempts to defraud or manipulate other users with deceptive means or misrepresentation..
11. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
12. Your sole and exclusive remedy with respect to any problems or dissatisfaction with the Service it to cease your use of the Service.
13. You agree to indemnify, defend, and hold us (and our affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, expenses, losses, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation of this Agreement.
Limitation on liability
14. You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that we shall not be liable, in any event, for:
• Any direct, indirect, special, incidental, consequential or exemplary damages, under any theory of liability, including but not limited to contract, tort (including negligence), damages for loss of data, profits and goodwill, arising out of your use, misuse or inability to use the Service, any interaction or engagement with other users or third party in connection with the service (including any goods or services procured from such third party, and any information obtained by such third party), any statement or conduct of a third party in connection with the Service, or by any form of malware, whether or not we were or should have been aware or advised of the possibility of such damages;
• Any information stored, processed or transmitted via the Service, including User Content;
• The validity, correctness or accurateness of any content disseminated, provided or otherwise delivered in connection with your use of the Service.
16. If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Governing Law & Disputes
17. This agreement shall be governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law.
19. You may opt out of this arbitration clause. To opt out, you must notify us in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us at support[at]penguinmd.com with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this arbitration clause.
20. You hereby warrant that you will not participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if we are a party to the proceeding.
21. You hereby agree that any claim may have arising out of or related to your relationship with us or in connection with the Service must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
22. We reserve the right (but have no obligation to), at our sole discretion and without prior notice, to:
b. Monitor, review or remove any content submitted by you in connection with the Service, reject any User Content or other material submitted or remove any content from the Service for anby reason, or refuse your requests in connection with the Service.
c. Modify or discontinue, temporarily or permanently, our Service, or any part thereof.
23. You may cease your access or use of the Service, at any time.
Amendments to the Agreement
25. We reserve the right, at our sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last modified" heading above.
26. If you feel your rights have been violated in any manner, or if you wish to report of any abuse of our Service or violations of any of the terms of this Agreement, please contact us in the following address: support[at]penguinmd.com
Please contact us in the following address:
21 Ahad Ha'am Street
Tel Aviv, Israel