Terms and Conditions
General
These Terms of Use (the “Terms”) are a legally binding agreement between you (as applicable, the User or the Client, as such terms are defined below) and [Renn Ltd.], (“Company”, “us” or “we”). Please carefully read the following Terms before using the Platform to be fully aware of the legal rights and obligations of the User, with respect thereto.
These Terms govern your access to and use of the Platform, the Content, the Services (as such terms are defined below) and the features contained therein.
The Company does not provide tax or legal advice and is not intended to substitute an attorney or law firm. For further information, please see the section titled "relationship between the parties" below.
The Company reserves the right, at its sole discretion, to change, add, modify, revise, or remove portions of these Terms at any time and without advanced notice. You should periodically check the Platform (as defined below) for changes to these Terms. Any change made in these Terms shall be valid from the day of its publication on the Platform. Your use of the Platform following the posting of changes to these Terms shall constitute your consent to the new Terms.
The term “including” is not intended to be exclusive and means “including without limitation”.
Accepting the Terms of Use
These Terms shall become effective between you and the Company as of the date on which you first commenced use of, or otherwise accessed, the Platform or any part thereof. Upon accessing the Platform, you hereby accept the terms and conditions contained herein and agree to be bound by these Terms with respect to the access and use of the Platform and the Services.
Your access to and use of the Platform and/or the Content is subject to your continued compliance with these Terms and any applicable laws.
The Company's Privacy Policy applies to the use of this Platform. By using and/or accessing the Platform and/or Services you represent and warrant that you have read and understood the Privacy Policy and agree to its terms.
Definitions
For the purpose of these Terms:
“Account” means an account created on the Platform by the User.
“Content” means any input or data uploaded, downloaded, displayed or otherwise available on the Platform, whether published and/or uploaded and/or posted by the Company, including, but not limited to text, photographs, legal/tax documents or any other form of information.
“Documentation” means the documentation, which may be provided by the Company as part of the Services, which may include, without limitation, manuals, user guides, and training materials, but excluding source code.
“External Sites” means third-party websites, plug-ins, and applications.
“Intellectual Property Rights” means all intellectual, moral, industrial and/or proprietary property rights, now or hereafter, recognized under any applicable law anywhere in the world, whether issued or pending, registered or unregistered, including, but not limited to (i) all forms of patents; (ii) inventions, discoveries, (whether patentable or not); (iii) rights associated with works of authorship, including but not limited to copyrights and mask works; (iv) trademarks and service marks, trade names, domain name registration; (v) designs (whether or not capable of registration), design rights; (vi) database rights; (vii) trade secrets and know-how; (viii) all rights to confidential or proprietary information; any rights analogous to those mentioned herein; all derivative works thereof; and any current or future applications, renewals, extensions, provisionals, continuations, continuations-in-part, divisions, re-exams and reissues thereof, and all of the tangible embodiments thereof;
“Platform” Company's web application, in its latest version, and all Documentation, Content, and Services which will be made available by the Company to the User, as a web-based platform service via the internet, developed and managed by the Company.
“Services” means the services provided by us through the Platform (email, phone or any other medium) to the User, which may include the ability to input, upload and/or download Content to/from the Platform, and any other action, service or item supported by or available through the Platform.
“User” means any person or entity installing, accessing or using the Platform.
The Platform
You expressly acknowledge and agree that any access to, or use of, the Platform and/or any Content, and any consequences thereof, are at your sole risk, responsibility and liability and shall be in accordance with these Terms.
The form and/or features of the Platform may change at any time and from time to time at the sole discretion of the Company and without prior notice.
Company may stop (permanently or temporarily) operating the Platform and/or the Services and/or displaying any of the Content (or any parts thereof) and/or restrict or terminate the use of, or access to, the Platform, the Services and/or any Account if Company believes that the User is in violation of any provision of these Terms and/or if required to do so in order to comply with any applicable laws, statutes, directives, regulations or any other legislation, code of practice or regulatory rules in force in any applicable legal jurisdiction, without liability to Company.
The Platform is designed and shall be used only for the Services provided by the Company.
The Platform is designed and shall be used only for the Services provided by the Company, and is not, and shall not be considered as a document management system. You are solely responsible for the safe-keeping, storage and back-up of any Content uploaded, downloaded or otherwise made available to you in connection with the Platform and/or the Services.
Problems with the Platform
The Company does not guarantee that the Platform will be compatible with any device or software which you may use, or that the Platform or Services will be uninterrupted or error free.
The Company shall not be liable, regardless of the cause or duration, for inability to use the Platform and/or the Services or any part thereof for any errors, inaccuracies, omissions, or other defects in, the information contained in the Platform (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any related claims or losses.
Limited License
The Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalties-free license to access and use the Platform, the Services and the Content, all under the condition of complying with all obligations under these Terms (the “License”).
The License is personal and may be used only by a single identified User for his/her Account.
Except as explicitly mentioned herein, no other rights, implied or otherwise, are granted.
The Content
You agree and acknowledge that any use or reliance on any Content presented on the Platform is at your own discretion and does not impose any responsibility or liability on the Company.
The Content does not constitute a recommendation, opinion, advice and/or offer to purchase a product or service and any reliance upon any Content shall be at the User’s sole risk. The Company shall bear no responsibility for the User’s reliance upon any Content and/or for the degree to which the Content accords with the User’s use and/or needs. The Company disclaims all responsibility for any Content and does not guarantee its accuracy.
The Company takes no responsibility and assumes no liability for any Content. The Company is not obligated to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Content.
The Company does not warrant against deletion of any Content, or the failure to recreate, re-upload or re-post any Content to or on the Platform, whether it was published and/or posted by the Company or by any other person or entity.
The Company does not guarantee and/or warrant that the Content is true, accurate, up-to-date, appropriate for use and/or compatible with any law, code of practice, regulation or other legal requirement.
Accordingly, The Company encourages you to be careful and cautious when using the Content and/or the Services. Any use of the Content and/or the Services is at your own risk.
The Company shall have the right to collect and analyze data relating to the provision, use, and performance of various aspects of the Platform and Services (including, without limitation, information concerning Content and data derived therefrom), and the Company will be free to (i) use and otherwise exploit such information and data to monitor, improve and enhance the Platform and Services and for other development, diagnostic and corrective purposes in connection with the Platform and Services, and (ii) use, reproduce and disclose Platform information, data and material (including Content) that is anonymized, de-identified, aggregate or otherwise rendered not reasonably associated or linked to a User (“De-Identified Data”) for product improvement and other lawful purposes, and such De-Identified Data will be owned by Company, and Company shall have no obligation to pay royalties or any other payment whatsoever with respect thereto.
You acknowledge that your access to the Content through the Platform will be revoked following the expiration or termination of your Account, the Services or these Terms.
You are solely liable for the accuracy and/or reliability of any Content that you present, upload and/or disseminate through the Platform.
Accounts
You represent and warrant that any information that you provide to the Company, including upon the creation or activation of an Account shall be current, complete, and accurate.
Each Account is designated for use by one individual User.
To create an Account, you will be required to provide information as part of the registration process to the Platform. You are responsible for providing up-to-date, accurate information, maintaining the confidentiality and security of the Account and credentials, as well as for all activities that occur in such Account.
You agree not to provide any false or misleading information about your identity or location, and you agree to correct any information that is or becomes false or misleading.
If you wish to terminate your Account, please contact us using the contact details below.
You may not use or share anyone else’s Account or permit anyone else to use or share his/her Account. You are solely responsible for maintaining the confidentiality of your Account password, and you shall notify the Company immediately of any unauthorized access or use of an Account or any other breach of security. Company will not be liable for any loss or damage resulting from the use of an Account or an Account password by any person other than the User, and the User will be held liable for losses incurred by the Company and/or any third party as a result of such use.
Fees
In consideration of the Services, the User may be required to pay the Company the fees as specified in an order form, purchase order, written correspondence, and/or any other document specifying the agreed fees (the “Fees”), according to the payment terms therein.
External Sites
The Services may enable access to External Sites. You acknowledge and agree that such External Sites are independently owned and operated, and that their content is not controlled by the Company.
Use of an External Site is subject to the terms of use of such External Site.
The User acknowledges and agrees that Company is not responsible for any External Site, and shall have no liability or responsibility whatsoever to the User or any third party regarding any access to and/or use of any External Site or any content therein.
Restrictions on Content and Use of the Platform
You may not access the Platform or Services if:
You are not at least 18 years old, or older, if otherwise required by the laws of the country where you reside, to be authorized to accept these Terms without the approval of a legal guardian. If you are not 18 years old or older, your parent or legal guardian must accept these Terms on your behalf as a condition for your access to the Platform and the Services. If you are a parent or legal guardian accepting the terms on your child’s behalf, please note that you shall be bound by these Terms and shall be liable for your child’s activity in connection with the Platform and the Services
You are a person who is either barred or otherwise legally prohibited from receiving or using the Platform under the laws of the country in which you are resident, or from which you use or access the Platform; or
Such access or use are made in a manner which is inconsistent with these Terms and all applicable laws, rules and regulations.
You may not do any of the following while accessing the Platform or using the Services:
use the Platform otherwise than in compliance with these Terms and all applicable laws and regulations;
facilitate or encourage any violation of these Terms;
except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Platform or any Content, for any purpose;
scrape, or otherwise cache any Content;
remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Platform;
use the Platform for any unlawful purpose or for promotion of illegal activities;
use the Platform to abuse, harass, threaten, impersonate or intimidate any person;
use the Platform for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform or the Services;
do anything that could disable, overburden, or impair the proper activity of the Platform or the Services;
disclose to any third party any Content without the Company’s advance written consent to disclose;
access or use any part of the Platform or Services for competitive analysis or to build a product or service which competes with the Platform or Services;
do anything that could harm or damage the business activity of the Company or its legitimate interest;
Interfere with or violate the right to privacy or collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 9 above.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, THE SERVICES AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you in such jurisdictions.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) USER’S ACCESS TO, OR USE, INABILITY TO USE, OR RELIANCE ON THE PLATFORM, THE SERVICES, ANY CONTENT AND/OR EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE PLATFORM AND/OR IN ANY EXTERNAL SITE, (III) ANY OTHER MATTER RELATING TO THE PLATFORM, THE SERVICES, THE CONTENT AND/OR ANY EXTERNAL SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS AGAINST THE USER. NOTWITHSTANDING THE AFORESAID, NOTHING HEREIN EXCLUDES OR LIMITS LIABILITY FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT, OR TO ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO THE USER, AND/OR ANY THIRD PARTY, FOR ALL DAMAGES, EXCEED IN CONNECTION WITH THE PLATFORM, THE CONTENT AND THE SERVICES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN U.S. DOLLARS (U.S. $10)
Any cause of action by the User with respect to the Platform and/or the Services, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you in such jurisdictions.
Indemnity
You shall indemnify and hold the Company and its directors, officers, employees, agents, partners, and licensors harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Company by any User or any third party, as applicable, due to or in connection with any Content that was published, posted and/or uploaded to the Platform, use of the Platform or the Services, violation of these Terms and/or any applicable law, and/or violation of any rights of another party.
Ownership
You hereby acknowledge that all rights, ownership, title and interest of the Platform, the Content (excluding External Sites) and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of the Company.
All copyrights in and to the Platform and the Content are owned solely and exclusively by the Company, (and/or by its licensors), which reserves all its rights in law and equity with respect thereto.
You are not granted any right and/or license, or ownership including any copyright, trademark or other intellectual property rights to the Platform or to any Content, other than as explicitly set forth in these Terms.
Except as otherwise provided in the Platform or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, reverse engineer, publish, modify, delete, add to, license, post, transmit or distribute any Content from this Platform in whole or in part, without our specific prior written permission.
Any third-party trade or service marks present in Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms.
The Company reserves all rights not expressly granted to you under these Terms.
You agree that all trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the Platform and the Services, are trademarks or registered trademarks of the Company (collectively, the “Company Marks”). Nothing in these Terms gives you a right to use or display the Company Marks in any manner.
THE USE OF THE PLATFORM, THE SERVICES, THE CONTENT AND/OR ANY PART THEREOF, OTHER THAN AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
Notifications and Promotional Offers
By using the Platform, you agree to receive marketing communications from us in the Platform or via other means (e.g., email), unless you have opted out of receiving such marketing communications. You can change your contact preferences at any time by sending us an email with your request to the email that appears in the Contact Information section below. If you wish to stop receiving marketing communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.
The Company might communicate with you by posting notices on the Platform. You agree that all communications provided to you electronically satisfy any legal requirement that such communications be in writing.
By using the Platform, you also agree that we can send notifications via email regarding your activity, or activity relating to you, in the Platform. You may ask us to stop sending email notifications to you at any time by contacting us.
Security
Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (i) accessing data not intended for you or logging on to a third party’s server or Account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES.
Termination
To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Services and/or the Platform and to terminate, change, suspend or discontinue any aspect of the Platform and/or the Services, including, but not limited to, the Content presented on the Platform as well as features and/or hours of availability of the Platform or the Services, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Platform or restrict your access to part, or all, of the Platform without notice or penalty.
These Terms shall be effective until terminated by the Company. Without derogating from any other right of the Company right to terminate these Terms, the Company, at its sole discretion, without notice to you, may terminate these Terms if you fail to comply with any of the provisions of these Terms, without prejudice to the right of the Company to be indemnified for its damages and for any other right and remedy.
In the event that we suspend or terminate your use of the Platform and/or the Services, you acknowledge and agree that you will not receive any refund.
In case these Terms shall terminate, for any reason, the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 5, 12, 14, 15, 16, 17, 19, 20 and 21 shall survive such termination and shall continue to apply.
Upon termination of these Terms, you shall cease all use of the Platform and/or the Services.
RELATIONSHIP BETWEEN THE PARTIES
THE COMPANY IS NOT A LAW FIRM OR A “LAWYER REFERRAL SERVICE”, DOES NOT PROVIDE TAX OR LEGAL ADVICE OR REPRESENTATION AND IS NOT INTENDED TO SUBSTITUTE AN ATTORNEY OR LAW FIRM. THERE IS AND THERE SHALL BE NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
THE COMPANY DOES NOT REVIEW ANY INFORMATION THAT YOU PROVIDE FOR LEGAL ACCURACY OR SUFFICIENCY, DOES NOT DRAW LEGAL CONCLUSIONS, DOES NOT PROVIDE OPINIONS ABOUT THE SELECTION OF FORMS OR TEMPLATES ON THE PLATFORM, AND DOES NOT APPLY THE LAW TO THE FACTS OF YOUR SITUATION.
NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED AS CREATING A PARTNERSHIP, JOINT VENTURE, AGENCY OR OTHER SIMILAR RELATIONSHIP BETWEEN YOU AND THE COMPANY, NOR AS GRANTING YOU THE RIGHT, POWER, OR AUTHORITY (EXPRESS OR IMPLIED) TO BIND OR OTHERWISE CREATE ANY DUTY OR OBLIGATION FOR THE COMPANY.
Governing Law and Jurisdiction
To the fullest extent permitted by applicable law, these Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
To the fullest extent permitted by applicable law, you hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive remedies in any jurisdiction.
You hereby irrevocably waive any right to trial by jury (to the extent applicable to you) in any action, proceeding or counterclaim arising out of or relating to this agreement.
Miscellaneous
Entire Agreement. These Terms contain the complete agreement between you and Company regarding your use of the Platform and/or Services, and supersede and replace all prior or agreements or understandings, written or oral, with respect thereto.
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
Waiver. No waiver on the part of the Company of any right under these Terms shall be effective unless in writing and signed by Company’s duly authorized representative. No waiver on the part of the Company of any past or present right arising from any breach or failure to perform shall be deemed as a waiver of any future right arising under these Terms.
Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. The Company may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third-Party Beneficiaries. These Terms do not create any obligation of the Company to any third party, nor shall they be deemed to create any rights or causes of action on behalf of any third party.
Changes to these Terms. The Company may change these Terms from time to time, at its own reasonable discretion and encourages you to review them periodically. The Company will provide the User with written notice of substantial changes to these Terms on the Platform. Such substantial changes will take effect seven (7) days after such notice was provided on the Platform, or as required by law. All other changes to these Terms are effective immediately upon publication of the updated Terms on the Platform. Your continued use of the Platform and/or Services after the publication of the updated Terms will be deemed acceptance of any and all such changes.
Contact Information
In case of any questions or comments regarding these Terms, please contact Company at: hello@getrenn.com
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Last updated: October 2024