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KEEPABOO LTD. - Terms and Conditions of Use in Website

The Keepaboo Ltd. ("Keepaboo") web site (the "Keepaboo Website") and the services offered on the Keepaboo Website (the "Services" or the "Keepabo Serivces") are available to you and to all visitors and users of the Keepaboo Website ("user/s" or "you" or "your"), all subject to these terms and conditions of use and all modifications thereto, including all rules that may be published from time to time by Keepaboo ("Terms and Conditions" or "Agreement"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

ABILITY TO ACCEPT TERMS OF USE

The Keepaboo Website and Services provided herein are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE, nor may they be used to solicit or collect any information from children under the age of 13, according to the provisions of these Terms and Conditions with respect to the making of purchases as provided hereunder. Please note that if it comes to our attention through reliable means that a registered user is a child under 13, we will cancel and terminate that user's account.
PRIVACY
Keepaboo is fully committed to safeguard your privacy online for you, the user, all as provided in Keepaboo's Privacy Policy. You should review the terms and conditions of our Privacy Policy http://keepaboo.com/Privacy.aspx by which you also agree to be bound as a condition of visiting and/or use the Services or the Site.

USE POLICY AND GENERAL TERMS OF USE

The Keepaboo Website and Services are being provided to you by Keepaboo on an "AS IS" basis. Your visit or use of the Keepaboo Website and Services, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk and signifies your agreement to these Terms and Conditions and your agreement to the Keepaboo Upload Terms and the Keepaboo Privacy Policy. Keepaboo Website and Services are available to any user who agrees to be bound by this Agreement. Users who violate this Agreement may be barred from using the Keepaboo Website and Services, at Keepaboo sole discretion.
You agree to use the Keepaboo Website and Services solely for your personal use. You agree not to use the Keepaboo Website and Services for any commercial use, without the prior written authorization of Keepaboo, including, without limitation, sale of access to the Keepaboo Website or its related services on another website, use of the Keepaboo Website or its related services for the primary purpose of gaining advertising or subscription revenue, sale of advertising on the Keepaboo Website and Services or any third-party website, targeted to the content of specific Keepaboo content and any use of the Keepaboo Website or its related services that Keepaboo finds, in its sole discretion, to use Keepaboo's resources with the effect of competing with or displacing the market for Keepaboo.
You agree not to alter or modify any part of the Keepaboo Website or any of its related technologies. You agree not to access Keepaboo content through any technology or means other than the pages of Keepaboo Website itself or other explicitly authorized means that Keepaboo may provide.

SERVICE PROVIDERS

Keepaboo may engage with third parties and use such third parties for the purpose of rendering certain Services (the "Service Providers"). While purchasing certain Services you shall be directed to the websites of such Service Providers. Keepaboo does not control the provisions of the Services and therefore shall not be liable for any complete or partial failure and/or flaws in their provisions thereof. Accordingly, you agree that Keepaboo shall not be liable to you with respect to the use of such Services. You should be aware of the fact that the Service Providers may have their own private policies and terms of use. If you are directed to another site you must comply with such privacy policies and terms of use as well as with Keepaboo's Agreement and privacy policy, regardless of any potential conflict.

SUBMISSIONS OF CONTENT

In order to submit Content (as defined below) to the Keepaboo Website and use Keepaboo Services, you will have to create a Keepaboo account. When creating the Keepaboo account you agree to provide true, accurate, current and complete information about yourself as required during the process of registering to the Keepaboo Website.
You are solely and fully responsible for the activity that occurs on your Keepaboo account. You must keep your Keepaboo account password secure, and maintain the confidentiality of your password. You agree to immediately notify Keepaboo of any unauthorized use of your password or account or any other breach of security that you aware of.
Any information and content, including without limitation, text, graphics, photos, photo albums, sounds, music, videos, interactive features, trademarks, service marks, logos, information and other materials (the "Content") provided or contributed by you to the Keepaboo Website ("Submissions") shall be treated as confidential by Keepaboo, in accordance with Keepaboo's Privacy Policy.
You agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Keepaboo all of the license rights granted herein. You agree that you will not submit material that is contrary to applicable local, national, and international laws and regulations. Keepaboo does not permit copyright infringing activities and infringement of intellectual property rights on the Keepaboo Website.
In addition, you agree that you will not submit any material that is pornographic, obscene, slandered, defamatory, offensive or invasive of anyone's privacy, to the Keepaboo Website.
Keepaboo doesn't check or supervise your Submissions on its own initiative. Your Submissions are private and exposed only for those to whom you allow to view your Submissions. However, if anyone informs Keepaboo of any Submission which doesn't comply with these Terms and Conditions. Keepaboo reserves the right to check this Submission, and to decide whether the Submission is appropriate and complies with these Terms and Conditions. In case Keepaboo decides any Submission violates these Terms and Conditions, Keepaboo reserves the right to remove Submissions, wholly or partly, and/or terminate your access for uploading material and/or to terminate your account in Keepaboo website, temporarily or permanently, and/or not provide any of the Services and/or products that have been ordered, and/or to peruse all necessary means in order to stop such violation, immediately, at its sole discretion. Note that Keepaboo will inform you of such assertion made with respect to your submission and will await your response, if possible, prior to the removal of your submission and/or termination of your account.
Keepaboo reserves the right to remove photo albums and/or to terminate accounts which were not used for over 6 months.
Keepaboo is not responsible of saving any backup of any content you submit to the Keepaboo Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submissions you post or store on the Keepaboo Site or provide to Keepaboo.

MAKING PURCHASES

In order to purchase any products or services offered as part of the Keepaboo Services you must be at least eighteen (18) years old. Furthermore, if you wish to purchase any of the products or services, we will ask you to provide certain information applicable to your purchase, including, without limitation, payment method and details, shipping address and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our Service Providers must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Services.
We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services as part of the Services at a particular time does not imply or warrant that these products or services will be available at any time.
by placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Keepaboo does not proof, edit or change any of the Content that you post or submit for its Services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the service. In addition, Keepaboo cannot guarantee that all copies of the same product will be identical, and there might be minor changes between copies, and between the online and printed versions. Keepaboo is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by users, members or by any of the equipment or programming associated with or utilized in the Services.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
All delivery time are estimated and Keepaboo does not guarantee the delivery time of the products purchased from it.
Keepaboo shall not have liability for any indirect or consequential damage caused by delay in arrival or damages or defects of shipped products.

CHANGES IN TERMS AND CONDITIONS OF USE

Keepaboo reserves the right to modify, revise or change these Terms and Conditions and policies, change the Keepaboo Services, including by eliminating or discontinuing any feature of the Services, and change any fees or charges for use of the Keepaboo Services at any time without actual notice to you, and you agree to be bound by such modifications, revisions or changes. Your continued use of Keepaboo website and Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Keepaboo website and Services.

CONTENT AND LIABILITY DISCLAIMER

Keepaboo shall not be responsible for any errors or omissions which contained on the Keepaboo Website and Keepaboo Services, and reserves the right to make changes anytime without giving any notice. YOU AGREE THAT YOUR USE OF THE KEEPABOO WEBSITE SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KEEPABOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS AND/OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE KEEPABOO WEBSITE, ANY KEEPABOO PRODUCT OR SERVICE, INCLUDING DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE DOCUMENTS, INFORMATION OR CONENT PRESENT ON THE KEEPABOO WEBSITE (INCLUDING ANY INFORMATION POSTED OR PLACED BY ANYONE OTHER THAN KEEPABOO), ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, AND USE OF THE KEEPABOO WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO, OR USE OF KEEPABOO SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KEEPABOO WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OF THE KEEPABOO WEBSITE AND SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OF THE KEEPABOO WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KEEPABOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
KEEPABOO SHALL NOT BE LIABLE FOR ANY SUBMISSIONS, INCLUDING ANY DEFAMATORY, OBSCENE, OFFENSIVE, PORNOGRAPHIC SUBMISSIONS, UPLOADED BY ANY THIRD PARTY, OR FOR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WARRANTY DISCLAIMER KEEPABOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS AND/OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE KEEPABOO WEBSITE AND SERVICES AND YOUR USE THEREOF AND/OR WITH REGARD TO ANY CONTENT AND INFORMATION (INCLUDING ANY SOFTWARE FEATURES, PRODUCTS OR SERVICES) PROVIDED ON KEEPABOO WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KEEPABOO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE KEEPABOO WEBSITE AND SERVICES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE KEEPABOO WEBSITE. KEEPABOO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KEEPABOO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KEEPABOO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

CONTENT, TRADEMARKS AND COPYRIGHTS

Keepaboo and the Keepaboo logo are trademarks of Keepaboo. Trademarks, logos, service marks and copyrights or any other third party's intellectual property rights ("Trademark and/or Copyright") appearing on Keepaboo Website are owned by or licensed to Keepaboo, and, in some instances, to other parties, subject to copyright and other intellectual property rights under the law. Nothing contained on the Keepaboo Website should be construed as granting any license or right to use any Trademark and/or Copyright without the prior written permission of the party that owns the Trademark and/or Copyright. Any Content, Submissions, Trademarks and/or Copyrights appearing on the Keepaboo Website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, in any form or by any means or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Keepaboo reserves all rights not expressly granted in and to the Keepaboo Website. LINKS TO THIRD PARTY SITES Keepaboo prohibits the use of the Keepaboo logo Trademark and/or Copyright as a "hot" link to any website unless the establishment of such a link is approved by Keepaboo. Keepaboo Website may contain links to third party websites that are not owned or controlled by Keepaboo. Keepaboo has no control over, and assumes no responsibility for, the accuracy, usefulness, safety, reliability or intellectual property rights of any content, privacy policies, or practices of any access to any website linked to any Keepaboo Website. In addition, Keepaboo will not and cannot censor or edit the content of any third-party site. By using the Keepaboo Website and services, you expressly relieve Keepaboo from any and all liability arising from your use of any third-party website. Further, the presence of a link to a third party site does not mean that Keepaboo endorses that site, and/or its products, and/or its content, and/or its services. Keepaboo provides these links merely for convenience and the presence of such third party links are not an endorsement or recommendation of any kind by Keepaboo. FEES You acknowledge that Keepaboo reserves the right to charge for the services it provides, or any part thereof, and to change its fees from time to time, all of which in its sole discretion. If Keepaboo terminates your membership because you have breached the agreement, you shall not be entitled to the refund of any unused portion of any fees you paid. INDEMNITY you agree to defend, indemnify and hold harmless Keepaboo, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your access to and use of the Keepaboo Website and Services; (ii) your violation of any terms of these Terms and Conditions; (iii) your violation of any third party right, including but without limitation any content, Trademark and/or Copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage of any kind to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Keepaboo Website. ASSIGNMENT These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Keepaboo without restriction. SUBMISSION OF TRUE AND ACCURATE INFORMATION If any information provided by you is untrue, inaccurate, not current or incomplete, Keepaboo may terminate your use of the Keepaboo Website, temporarily or permanently, at Keepaboo sole discretion, but after giving you a fair notice and a chance to correct the information needs to be correct.

LEGAL INFORMATION

Any legal issues arising will be dealt with under the laws of Israel exclusively in the competent courts of Tel Aviv, Israel. These Terms and Conditions, the Keepaboo Privacy Policy and any other legal notices published by Keepaboo, shall constitute the entire agreement between you and Keepaboo concerning the Keepaboo Website and Services. If any of the provisions of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. You agree that any cause of action arising out of, or related to, the Keepaboo Website and Services must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.