BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE HUMANCLICK SOFTWARE AND SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "NO" BUTTON.
MYSITE ONLINE LTD. TERMS AND CONDITIONS OF USE
This HumanClick service (the "Service") and the software enabling the use thereof and related updates (the "Software"), are provided by MySite Online Ltd. and/or its affiliates and/or subsidiaries and/or its successors (collectively "HumanClick" or "we") to you ("you" or "your") and others who use the Service and the Software (collectively "User" or "Users"), subject to the terms of these Terms and Conditions of Use and all modifications thereto ("Terms and Conditions" or "Agreement"), and the other rules that may be published from time to time by HumanClick.
The Service currently is provided as a free service to any user who agrees to abide by these Terms and Conditions. Users who violate the terms of these Terms and Conditions may be permanently or temporarily banned from using the Service, at HumanClick's sole discretion. In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as required. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to permanently or temporarily terminate your membership and refuse any and all current or future use of the Service. You agree not to transfer or resell the Service, in whole or in part, or allow unauthorized access to the Service, to any third party.
Note: HUMANCLICK reserves the right to reject an application or terminate the Agreement at any time if HUMANCLICK determines, in its sole discretion, that a User's site or activities are unsuitable for HUMANCLICK's service. "Unsuitable" sites may include, without limitation, those sites that HUMANCLICK believes: (1) promote obscene, pornographic or sexually explicit and/or teemed materials; (2) promote abusive, threatening, hateful, harmful, harassing or violent behavior; (3) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (5) promote illegal activities or fail to comply with applicable law; or (6) violate the intellectual property rights of third parties; or (7) have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other Users or Visitors (as hereinafter defined).
Clicking on the "I Accept" button at the bottom of this Agreement means that you accept and agree to be bound by the Terms and Conditions and any modifications thereto. From time to time we may notify Users of updates or new versions of the Software or Service, in whole or part. Your download of the updated or new versions of the Software and/or subsequent use of the Service is subject to these Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service.
(1) General Terms and Conditions: By using the Software and Service, including any content and software contained therein, you agree that use of the Software and Service is entirely at your own risk. The Software and Service are provided by HUMANCLICK to enhance your ability to conduct real-time contact with visitors to your site (the "Visitors", this term will also refer, where the content required, to visitors to sites of other Users). You agree to use the Software and Service solely for your personal, non-commercial use as an online connection with visitors to your site and communication tool. HUMANCLICK does not guarantee reliability, accuracy, or completeness of the Software or Service.
While HUMANCLICK strives to protect its Users' personal information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including without limitation: (i) the limitation of security, privacy and authentication measures and features in the Service; and (ii) that data and information on the Service may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, and system contamination, including without limitation, viruses, worms, and Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information or data on your computer or other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. You further acknowledge that by using the Software or the Service, or the Internet in general, you may be subject to various risks, including without limitation objectionable material and contaminated files. If you do not wish to be subjected to these risks, you are advised not to use the Software or the Service.
(2) Software Usage: Subject to the terms and conditions of the Agreement, HUMANCLICK grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service during the term of this Agreement. The Software that will enable you to use the Service is being licensed to you by HUMANCLICK in A TIME LIMITED FREE ALPHA VERSION ONLY on an "AS IS" and "AS AVAILABLE" basis, for your private personal use only. You agree not to do any of the following: (a) copy the Software or its content; (b) translate the Software or its content; (c) merge the Software with another program or modify the Software; (d) reverse-engineer, disassemble, de-compile, alter, duplicate, make copies of, distribute or provide others with the Software, the HUMANCLICK communications protocols or any information available on, derived or extracted from the HUMANCLICK directories and databases, other portions of the Service, or the HUMANCLICK Web Site or make any attempt to discover the source code of the Software; (e) sublicense, rent, or lease any portion of the Software; (f) not use the Software or the Service for commercial purposes (i.e. for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement; (g) extract information from the HUMANCLICK directories, databases, or any other portion of the Service or the HUMANCLICK Web Site.
By accepting the terms of this Agreement you agree that HUMANCLICK is permitted, at its sole discretion, to limit, deny, or create different priorities to different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice. As part of this Service, the Software enables limited access to the HUMANCLICK's servers and HUMANCLICK's Web Site presently located at http://www.humanclick.com (the "HUMANCLICK Web Site") (and related web sites), and to various directories and listings, information and databases, and member data use related to the foregoing, all subject to the terms of this Agreement.
The Software may have been downloaded from the HUMANCLICK Web Site or another authorized web site, provided to you on a free CD-ROM, or otherwise bundled with other equipment, products or services. You acknowledge that no payment was made by you for the Software regardless of the method of delivery, and if payments were made, they are made for the equipment, products or other services and not for the Software. Always make sure you are using an authorized copy of the Software, downloaded directly from the HUMANCLICK Web Site (or another authorized web site) or otherwise from an authorized CD-ROM. This will enable you to use the latest functions allowing you to enhance the functionality, privacy and security level of your use of the Service.
(3) Disclaimer of Warranties: THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, HUMANCLICK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. HUMANCLICK DOES NOT WARRANT OR GUARANTEE THAT ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVEL OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE. HUMANCLICK DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED BY HUMANCLICK, VISITORS OR USERS OF THE SERVICE OR ANY WEB SITE ACCESSED WHILE USING THE SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY HUMANCLICK WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE HUMANCLICK SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. HUMANCLICK MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM HUMANCLICK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HUMANCLICK ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, CHAT RECORDS OR MESSAGES.
(4) User Conduct: While using the Service, you may not:
(i) harass, threaten, embarrass or cause distress or discomfort upon any Visitor, or any other individual or entity;
(ii) impersonate any other person or entity, including without limitation any HUMANCLICK official, or misrepresent your affiliation with any other person or entity;
(iii) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder;
(iv) upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under applicable copyright laws and may be covered under one or more patents pending;
(v) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, federal, national or other law of any country, including without limitation the U.S. export laws and regulations;
(vi) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
(vii) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
(viii) change the HumanClick HTML codes, nor the button and/or banner provided by HumanClick. Such button and/or banner must remain visible on the relevant
pages of your Site in its original dimensions.
You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you, your Visitors and other Users or Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service or its Users or Visitors. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to immediately notify us of any unauthorized use of your membership or any other breach of security known or suspected by you. HUMANCLICK assumes no responsibility for the deletion or failure to store electronic messages, chat communications, or other information submitted by you your Visitors or other users or their Visitor to or using HUMANCLICK, whether submitted as part of the Service or otherwise.
(5) Listings by Others: Unless produced by HUMANCLICK, the information you access or receive by using the Software, the Service, the directories, listings, and information sent to you by Visitors, is provided by the Users or Visitors and is not reviewed, controlled, examined, verified or endorsed by HUMANCLICK in any way. HUMANCLICK may, at its sole discretion, erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reason. By using the Software and the Service you agree to: (i) determine whether the information complies with your needs; (ii) determine whether you have adequate legal rights to store, reproduce or otherwise make use of information in the manner contemplated by you; and (iii) comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy, security and export laws.
(6) Intellectual Property Rights: As between HUMANCLICK and you, HUMANCLICK is the sole owner of the Software, the Service, all information transferred using the Service, the chat content and the chat window (jointly, the "Information"), including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights appurtenant thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Information or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Service solely for your personal non-commercial use or records.
(7) Unsolicited Materials: HUMANCLICK does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you or your Visitors through the Service, HUMANCLICK Web Site, HUMANCLICK's mail and/or e-mail addresses, or in any other way. Any information or material submitted or sent to or by using HUMANCLICK, including without limitation via any chat portion of the Service, will be deemed not to be confidential or secret. By submitting or sending documents, information or other material to HUMANCLICK you: (i) warrant that you have no rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and (ii) grant HUMANCLICK an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that HUMANCLICK is free to use any ideas, know-how, concepts or techniques you send us for any purpose.
(8) Limitation of Liability: IN NO EVENT WILL HUMANCLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY, INCLUDING WITHOUT LIMITATION, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF HUMANCLICK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HUMANCLICK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL HUMANCLICK'S LIABILITY WILL EXCEED THE MONTHLY FEES, IF ANY, PAID BY THE USER FOR THE SERVICE AND THE SOFTWARE.
(9) Indemnification: By agreeing to use the Service, you agree to defend, indemnify and hold HUMANCLICK, its affiliates, officers, directors, advisors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your or your Visitors use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or your Visitors authorized by you or related to any violation of these Terms and Conditions by you or any user authorized by you.
(10) Cancellation and Termination: HUMANCLICK may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause.
Shortly after cancellation or termination, we will remove from the Service all content associated with your membership. Upon cancellation or termination, you will immediately cease all use of any Software and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service and the Software immediately cease. You shall have no right and HUMANCLICK will have no obligation thereafter to forward any messages or information to the User, its Visitors or any third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
(11) Privacy Policy: By using the HUMANCLICK Software and the Service, or any part thereof, you agree to and acknowledge the following:
i. Required Registration Information. During the initial registration, you will be required to provide certain non-personal information about yourself that may generally be available and freely accessible to others.
ii. Optional Registration Information. During the initial registration, you will be asked to provide additional information about yourself that, if you agree, will generally be available and freely accessible to other third parties.
iii. Chat Messages. A chat message (a "Chat Message") is a message meant to be sent from HUMANCLICK User to any of its Visitors or from a Visitor to the User. Unless explicitly stated otherwise, the information entered, posted or available through or on the Service or the HUMANCLICK Web Site, including without limitation, the Chat Message may be available to other third parties. In addition, unless you close or disconnect the Service, a real-time indication of your availability at your Web site will be available to all Visitors to the site.
iv. User Settings. HUMANCLICK may collect settings, technical and other information from your computer, such as your operating system, the Software and browser versions, connectivity, various communication parameters and other information related to the operation and interaction of the Software, subject to the provisions herein. This information is collected in order to provide you and other Users with, or access to, the HUMANCLICK Service and for the other purposes described herein, subject to the provisions herein.
v. Usage Patterns. HUMANCLICK gathers information and usage patterns related to your and your Visitors use of the Software and the Service, including without limitation, real time tracking of visits to your Web site, to, among other things, better understand how our users use the Service and the various features thereof, as well as to help us provide offerings to you as an individual and to conduct market research and other commercial activities.
vi. Cookies. HUMANCLICK may use cookies to save certain information about a User or a Visitor, such as a password or preferences, in order to facilitate a User's future activities and use of the Service. Cookies are pieces of information that are placed on an individual user's hard drive to enable the user to more easily communicate and interact with the Service. HUMANCLICK will never use cookies to retrieve information from your or your Visitor computer that is unrelated to the Service.
vii. IP Addresses. HUMANCLICK collects IP addresses for the purposes of system administration and to report aggregate information. An IP address is a number that's automatically assigned to a computer. Web servers can automatically identify individual computers by their IP address. We do not link IP addresses to any personally identifiable information.
viii. Commercial Purposes. Information retrieved by means of the foregoing paragraphs may be used for commercial purposes, including without limitation, advertising, targeted advertising, marketing, co-registration to other services, promotional or any other commercial activity, subject to the provisions herein.
ix. Statistical Purposes. Without limitation of the foregoing, information retrieved by means of the foregoing paragraphs may be compiled and used for statistical purposes in aggregate, anonymous form. Such aggregate compilations will only include Users' and Visitors demographic, non-personal information, such as age, gender, country, and other preferences. In addition information retrieved by means of the foregoing paragraphs may be compiled and used for specific statistical purposes related to your site.
x. Consent to Processing. Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of their personal information in the United States or Israel.
xi. Access to Information in Certain Circumstances. Notwithstanding anything to the contrary in this Agreement, HUMANCLICK shall, pursuant to valid legal process such as a search warrant, subpoena or court order, allow access to all available and relevant information in order to comply with such process and protect HUMANCLICK's rights and property. If warranted, HUMANCLICK may also allow access to this information in special emergencies where physical safety is at risk. Users' IP addresses may also be traced by HUMANCLICK and disclosed for these purposes.
(12) Miscellaneous:
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
HUMANCLICK may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.
HUMANCLICK may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software or the Service, without notice to you, by (i) posting such changes on the HUMANCLICK Web Site, or (ii) sending you an e-mail regarding the change. You agree that your continuing to use the Software and/or Service for a period of twenty (20) days after such notice has been posted on the HUMANCLICK Web Site for the first time or immediately after the receipt of the e-mail shall constitute your consent to the new or revised set of Terms and Conditions.
You further agree not to upload to the HUMANCLICK Web Site or the Service any data or software that cannot be exported out of the relevant country without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.Any waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.User and HUMANCLICK agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.The section titles in the Agreement are solely used for the convenience of the parties and shall not be used for interpretation.This Agreement comprises the entire agreement between you and HUMANCLICK and supersedes all prior agreements between the parties, both written and oral, regarding the subject matter contained herein.
You agree that the laws of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software as well as the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HUMANCLICK or relating in any way to your use of the Software or the Service resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving HUMANCLICK or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Copyright (c)1999 MySite Online Ltd. ALL RIGHTS RESERVED.
