We may unilaterally change or add to the provisions of these Terms at any time. In the event of a material change, we may notify you via email or by means of a prominent notice on our Website or other application. You should check our Services periodically and review changes to these Terms at the following URL: [https://bemedia.co/terms-of-use]. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you do not accept the modifications, please stop using the Services.
You may register for an account on the Services ("Account") through your personal email account or log-in using your [Facebook, Twitter, LinkedIn or Google] log-in information. You are under no obligation to provide such information to Us, however, without registering for such Account and providing such registration information, you may not be able to benefit from the full suite of the Services. All information you provide must be accurate and complete and you must update such information as necessary. You may not: (i) use as a username a name of another person without proper authorization; or (ii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for [maintaining the confidentiality of the password and account, and for] all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. You may not access or use the Services under another person’s registration information or use another person's account or registration information without permission. Individuals under the age of 18 are not permitted to register with us or use the Services. You are responsible for any and all activities conducted by a minor under your name in connection with the Services.
All content created and posted by you through the Services (“Content”) remains your property.
Our Services allow you to create, optimize and publish Content through a variety of custom based feeds which may be displayed directly on the BeMedia Platform orhosted on external platforms or websites.If you agree, and to the extent made available to you by us (in our sole discretion) we may also facilitate the hosing of your Content/feed with third party publications with whom we engage separately, subject to additional terms and conditions which may apply with respectthereto and which you will be prompted to review and accept prior to submitting any content to be hosted with such third party publications ("TPP Terms"). The TPP Terms, if applicable, form an integral part of these Terms, and, upon acceptance, shall be incorporated by reference into these Terms. In case of any discrepancy between the provisions of these Terms and the TPP Terms, the specific provisions of the TPP Terms shall prevail.
With respect to any Content which you create and/or publish through the Services, you represent and warrant that: (a) You own or otherwise have all required rights, title and interest in such Content and no portion of such Content has been obtained by unlawful means; (b) neither the Content nor its uploading and/or publication through the Services violates, infringes or misappropriates the intellectual property rights of any third party; (c) by creating, uploading and or publishing such Content through the Services you are not and shall not be in breach of any law or any other agreement or commitment to which you are or were a party or by which you are bound or which would require the consent of any third party; and (d) such Content is and shall be free from any restrictions, payment obligations and/or royalties.
You shall have sole responsibility and bear all risk and liability with respect to the Content created and uploaded by you on the Services and you shall be held liable to any damages or losses incurred by us in connection with your Content, including, without limitation, as a result of copyright Infringement. We take no responsibility and assume no liability whatsoever for any of your Content. You acknowledge that we have no obligation to monitor the access to or use of the Services by any user or to review, disable access to, or edit any Content, however, we reserve the right to review any Content made available through the Services and to remove, screen, edit or reinstate such Content from time to time from the Services at our sole discretion. Furthermore, we reserve the right to terminate your access to the Service, if we reasonably determine that you have breached any of these Terms.
You agree that your feed and all Content uploaded and/or created by you on the Services shall be accessible to any user of the Services free or charge. Unless agreed between us explicitly and in writing prior to creating or uploading any Content, you acknowledge that you shall receive no payment or other incentive or interest in consideration of thecreation, uploading or publishing such Content on the Services.
Without derogating from your ownership of the Content, by creating, uploading or publishing any Content through the Services, you grant us a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, publish, publicly perform, publicly display, digitally perform, modify, directly or through third parties and create derivative works of your Content, all for the purpose of providing the Services and sharingyour Content with other users. Such license will apply to any form, media, or technology now known or hereafter developed. You agree and confirm that any and all Content created andpublished by you through the Services is done so with the intent of making such Content public, and you agree that we may fully exploit such Content for any commercial purpose at our sole discretion, including, without limitation, by enabling advertising in connection with the display of your Content on the Services, for promoting BeMedia or any of its products or services and for any other purpose, and you undertake not to assert any claim against us in respect of the Content and its use. Please note that copies of the Content may remain for a reasonable period of time in our archives for backup, archival, or audit purposes even after you delete the Content from your feed, in accordance with and subject toapplicable law.
Except as provided within these Terms, and except for your ownContent, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other content appearing on or through the Services.
You are solely responsible for your interaction with any third party with respect to your Content. If you have a dispute with a third party with respect to such Content, you agree that neither BeMedia, nor anyone on its behalf, shall be liable for any claims or damages arising out of or connected with such dispute.
You are responsible for all of the acts or omissions associated with use of the Services by you or by anyone on your behalf. You undertake to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including, but not limited to, those related to data privacy, international communications and the transmission of technical or personal data. You undertake to use the Services solely for your own personal use and for no other purpose whatsoever.
By using the Services you accept the risk that you might be exposed to content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to such content.
All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting in and/or attached/connected/related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, music, videos, content (other than your Content), various applications, social graphs, organization, structure, specifications, "look and feel", features and related content, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto are the property of BeMedia and/or its respective affiliates which retain all right, title and interest in connection therewith.
"Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Subject to the terms and conditions set forth herein, BeMedia hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to make personal use of the Services, in your own capacity and not on behalf of any third party, and only according to these Terms. The license shall be granted until terminated in accordance with these Terms. Any rights not expressly granted herein are reserved by BeMedia and BeMedia's licensors.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (a) own all rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.
Some of the content and materials available through the Services may be provided by third parties. No reference made in or through this Services to any third party content (including content submitted by other writers), commercial product, process, or service, or provider of such product, process or service ("Third Party Content") constitute or imply an endorsement, recommendation or favoring by BeMedia.
Any opinions, advice, statements, content, services, products, offers, advertisements, or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of BeMedia and BeMedia does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall BeMedia be responsible or liable for any of the foregoing. BeMediais a mere conduit in respect of Third-Party Content and is not obligated to screen Third Party Content and makes no warranties or representations as to, and shall have no liability for, any of the foregoing.
IF YOU CHOOSE TO USE THE SERVICES YOU DO SO VOLUNTARILY AND AT YOUR SOLE DISCRETION.THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEMEDIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.BEMEDIA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY INFORMATION OR MATERIALS OBTAINED THROUGH OR FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED, THE SEVICES WILL BE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS AND THAT BEMEDIA WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICES.WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, IN NO EVENT SHALL BEMEDIA BE RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES IN PERFORMANCE IF CAUSED BY CIRCUMSTANCES BEYOND BEMEDIA'S REASONABLE CONTROL.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF, OR RELIANCE UPON, THE SERVICES OR ANY GOOD OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, BY SAVING COPIES OF ANY CONTENT YOU UPLOAD AT A SEPARATE LOCATION) AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH CLAIM, DAMAGE, LOSS, OR HAZARD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted under law, under no circumstances whatsoever will BeMedia and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any direct, compensatory, indirect, incidental, or consequential damages, including, but not limited to, any lost profits and/or lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data (or corruption of data) or other intangible losses, special, exemplary or punitive damages or personal injury or property damage, that result from or relate in any manner whatsoever to your use of, and or reliance on, the Services and/or your inability to access and/or use the Services. Without limiting the foregoing, in no event shall BeMedia and its affiliates' total liability to you in connection with the Services for all damages, losses and causes of action exceed one U.S. dollars (US$1).The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint at the following email address: [[email protected]],identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to address such complaint, and if well founded, to remove such content.
It is BeMedia's policy to respond to clear and valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we may promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing BeMedia's Designated Copyright Agent at: BeMedia Ltd.; Attention: [CEO]; Arik Ben Yair; Email: [email protected], with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BeMedia to locate the material; providing URLs in the body of an email is the best way to help BeMedia locate content quickly; information reasonably sufficient to permit BeMedia to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
[Please note that pursuant to the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that we may, at our sole discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Lumen (http://lumendatabase.org) for publication.]
The provider of affected Content may make a counter-notification pursuant to the DMCA. If you elect to send BeMedia a counter notice, to be effective it must be a written communication that includes 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; 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 of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which BeMedia may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.After the Designated Copyright Agent receives your counter-notification, we will review it. We may determine that the Content is not infringing and may reinstate the Content or access to the Content though the Services.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including, without limitation, the license set forth in Section  above), at our sole discretion anytime without prior notice and for any reason, including, but not limited to, technical difficulties or violation of these Terms, all in accordance with applicable laws. Upon termination, you shall immediately cease using the Services. All provisions of these Terms which by their nature should survive termination, including, without limitation, sections 2,3,5,7,10,11 and 15, will survive termination or expiry of these Terms for any reason.
Termination of your access to the Services may also include removal of the Content uploaded by you to the Services, in accordance with applicable laws. You agree that we shall not be liable to you or any third party for any termination/suspension of your access to the Services or to any of your Content, and shall not be required to make the Content available to you after any such termination, as permitted by applicable laws.
You acknowledge and agree that we have the right, at any time and for any reason (or no reason), to discontinue or to redesign or modify any elements of the Services or any part thereof.
These Terms (including also any additional terms, agreement, instrument or policy incorporated herein by reference or annexed hereto and including also the TPP Terms, if applicable) constitute the entire agreement between you and BeMedia regarding the subject matter herein. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of the Tel-Aviv Jaffa District with regard to all claims arising out of, in connection with, or in any way relating to, these Terms and the parties hereto submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of BeMedia. Any unauthorized assignment will be void and of no force or effect. BeMedia may, without restriction, assign, transfer or delegate its rights and obligations hereunder, at its sole discretion.
Unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and BeMedia any rights, remedies or other benefits under or by reason of these Terms.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: [email protected]
Last updated: August 2019