These terms of use ("Terms of Use") set forth the basis on which users are permitted to access and use the Tucoola Software tools located at www.tucoola.com ("Website").
These Terms of Use shall govern over all aspects of Tucoola's applications offered via the Website, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Website. By accessing and using the Website in any way, user agrees to, and user is hereby bound by these Terms of Use. If user does not agree to all of the terms and conditions contained herein, user will not use or access the Website in any manner. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
Tucoola Ltd. (“Tucoola”) reserves the right to update these Terms of Use at any time without the requirement of any notice to user.
USE OF THE WEBSITE
The Website offers a variety of games applications for children. The Tucoola unique engine tool performs data collection and performance measurement of certain skills for children aged 2-8 and generates a report enabling monitoring of said tested skills. It is clarified that the generated reports represent Tucoola’s method of performance measurement and does not guarantee accuracy and similarty to and or lack of discrepancies or deviation from alternative methods of measurement. The report generated represents an assessment of the child’s skill based on Tucoola’s tools.
User agree that the user is only authorized to visit, view and to retain a copy of pages of the Site for own personal use, and that user shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by Tucoola to do so. User also agrees not to deep-link to the Site for any purpose, unless specifically authorized by Tucoola to do so. The content and software on this Site is the property of Tucoola and is protected by international copyright laws.
Unless otherwise specified, the Website is made available solely for personal and non-commercial use, in accordance with all applicable laws.
As a condition to your use of the Website, user agrees not to use the website for any purpose that is unlawful or prohibited by these Terms of Use.
User may not distribute in any medium any part of the Website without Tucoola's prior written authorization.
User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. User further agrees not to alter or modify any part of the Website or any of its related technologies.
Your use of the site is subject to all applicable laws and a regulation, including Netiquette and the user is solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to user on or through this site, user agree that user will not upload, share, post, or otherwise distribute or facilitate distribution of any content
- including text, communications, software, images, sounds, data, or other information
- that:
1.Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2.Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3.Introduction of software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
4.Impersonates any person or entity, including any of our employees or representatives. We and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. User hereby consent to such removal and waive any claim against Tucoola arising out of such removal of content. User shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. User agrees that we may at any time, and at our sole discretion, terminate your membership without prior notice to user for violating any of the above provisions. In addition, user acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third-Party Sites and Information
User will receive a password and account designation upon completing the Tucoola Service's registration process. User is responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. User agree to (a) immediately notify Tucoola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that user exit from your account at the end of each session. Tucoola cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. User may not use anyone else's account at any time, without the express permission of the account holder.
USER ACCOUNTS
You will receive a password and account designation upon completing the Tucoola Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tucoola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tucoola cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may not use anyone else's account at any time, without the express permission of the account holder.
WEBSITE CONTENT
TThe content on the Website including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content included in the offered games ("Website Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Tucoola, and are subject to copyright and other intellectual property rights under applicable laws.
User acknowledge that the Website Content is provided to user on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tucoola or the respective owners. Tucoola reserves all rights not expressly granted in and to the Website and the Website Content.
CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Tucoola user acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tucoola is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tucoola shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tucoola may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Tucoola without any obligation of Tucoola to you; and (f) user are not entitled to any compensation or reimbursement of any kind from Tucoola under any circumstances. User agree to indemnify and hold Tucoola and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content user submit, post, transmit, modify or otherwise make available through the Tucoola Website, your use of the Tucoola Website, your connection to the Tucoola Website, your violation of these terms, or your violation of any rights of another.
USER GENERATED CONTENT
If at any point in time Tucoola will provide users the ability to share with other users games developed by users, any and all media, images, games, music, sounds, graphics, video, or other materials and content of any kind that user make available (by uploading or otherwise) to other users of the Website (collectively, the "User Generated Content") are at your sole responsibility.
Tucoola will not screen any User Generated Content, does not back up any User Generated Content and is not responsible for any User Generated Content uploaded or otherwise made available by user or by any user of the Website. This means that you, and not Tucoola, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.
> By uploading and/or otherwise making available User Generated Content user hereby warrant and represent that: (i) the copying, uploading and use of the User Generated Content does not infringe upon any third party's proprietary rights, including but not limited to intellectual property rights; (ii) user have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iv) the User Generated Content is not obscene or libelous and does not violate the right of privacy or publicity of any third party.
User are and shall remain the sole owner of all rights in your User Generated Content; however, by uploading or making available User Generated Content to the Website, user hereby grant Tucoola a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Website and Tucoola' business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
To the extent that user permit sharing of your User Generated Content with other Website users, user also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content to the extent permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by user in your User Generated Content shall terminate within a reasonable period of time after user remove or delete your User Generated Content from the Website; user do understand and agree however that Tucoola may retain, but not display, distribute, or perform, server copies of your User Generated Content that have been removed or deleted.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL TUCOOLA BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRAMSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
THIRD PARTY WEBSITES AND CONTENT
The Tucoola Website may provide, or third parties may provide, links to other World Wide Web sites or resources. User acknowledge and agree that Tucoola is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. User further acknowledge and agree that Tucoola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. User are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Tucoola disclaims any responsibility whatsoever for any harm resulting from your use of non-Tucoola websites and web pages.
ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT
User acknowledge that Tucoola may or may not pre-screen Content, but that Tucoola and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any content that is available via the Tucoola Website. Without limiting the foregoing, Tucoola and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable. User agree that user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, user acknowledges that user may not rely on any Content created by Tucoola or submitted to Tucoola. User acknowledge, consent and agree that Tucoola may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tucoola, its users and the public. Each user of the Website may notify Tucoola that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be abusive Content and provide reasons supporting such notification. Tucoola shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such abusive Content and/or terminate a user's ability to upload content in violation of these Terms of Use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Our Privacy Policy, located at the website explains our online information practices and how your information is collected and used.
INFRINGEMENT NOTICES AND COUNTER-NOTICES
Tucoola respects the intellectual property of others, and we ask our users to do the same. Tucoola may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If user believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tucoola's Copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that user claim has been infringed;
3.a description of where the material that user claim is infringing is located on the site;
4.your address, telephone number, and email address;
5.a statement by user that user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that user are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Tucoola' designated Copyright Agent to receive notifications of claimed infringement may be contacted at: support@Tucoola.com. User acknowledges that if user fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. TUCOOLA DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE REPORTS GENERATED ARE ACCURATE OR ARE ERROR FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT USER WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL TUCOOLA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE AND SPEFICIFALLY REPORTS GENERATES USING THE UNIQUE TUCOOLA SOFTWARE TOOLS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any generated report or content present of Tucoola’s website is not intended to, and do not, constitute professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
INDEMNIFICATION
User agree to defend, indemnify, and hold Tucoola , and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event user will cooperate with Tucoolain asserting any available defenses.
ABILITY TO ACCEPT TERMS OF USE
User affirms that user as the legal parental and/or the legal guardian, user have provided your consent and allowed your minor child to participate, enter the Tucoola site, and play the Tucoola games. User also represent to Tucoola that user are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
GOVERNING LAW & JURISDICTION
Your use of the Website and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict of laws provisions. User agree that any action brought against Tucoola arising out of or relating to the Website or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 18 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
GENERAL
These Terms of Use, together with the Privacy Policy and any other legal notices published by Tucoola on the Website shall constitute the entire agreement between user and Tucoola concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Tucoola failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use shall govern over all aspects of Tucoola's applications offered via the Website, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Website. By accessing and using the Website in any way, user agrees to, and user is hereby bound by these Terms of Use. If user does not agree to all of the terms and conditions contained herein, user will not use or access the Website in any manner. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
Tucoola Ltd. (“Tucoola”) reserves the right to update these Terms of Use at any time without the requirement of any notice to user.
USE OF THE WEBSITE
The Website offers a variety of games applications for children. The Tucoola unique engine tool performs data collection and performance measurement of certain skills for children aged 2-8 and generates a report enabling monitoring of said tested skills. It is clarified that the generated reports represent Tucoola’s method of performance measurement and does not guarantee accuracy and similarty to and or lack of discrepancies or deviation from alternative methods of measurement. The report generated represents an assessment of the child’s skill based on Tucoola’s tools.
User agree that the user is only authorized to visit, view and to retain a copy of pages of the Site for own personal use, and that user shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by Tucoola to do so. User also agrees not to deep-link to the Site for any purpose, unless specifically authorized by Tucoola to do so. The content and software on this Site is the property of Tucoola and is protected by international copyright laws.
Unless otherwise specified, the Website is made available solely for personal and non-commercial use, in accordance with all applicable laws.
As a condition to your use of the Website, user agrees not to use the website for any purpose that is unlawful or prohibited by these Terms of Use.
User may not distribute in any medium any part of the Website without Tucoola's prior written authorization.
User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. User further agrees not to alter or modify any part of the Website or any of its related technologies.
Your use of the site is subject to all applicable laws and a regulation, including Netiquette and the user is solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to user on or through this site, user agree that user will not upload, share, post, or otherwise distribute or facilitate distribution of any content
- including text, communications, software, images, sounds, data, or other information
- that:
1.Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2.Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3.Introduction of software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
4.Impersonates any person or entity, including any of our employees or representatives. We and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. User hereby consent to such removal and waive any claim against Tucoola arising out of such removal of content. User shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. User agrees that we may at any time, and at our sole discretion, terminate your membership without prior notice to user for violating any of the above provisions. In addition, user acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third-Party Sites and Information
User will receive a password and account designation upon completing the Tucoola Service's registration process. User is responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. User agree to (a) immediately notify Tucoola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that user exit from your account at the end of each session. Tucoola cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. User may not use anyone else's account at any time, without the express permission of the account holder.
USER ACCOUNTS
You will receive a password and account designation upon completing the Tucoola Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tucoola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tucoola cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may not use anyone else's account at any time, without the express permission of the account holder.
WEBSITE CONTENT
TThe content on the Website including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content included in the offered games ("Website Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Tucoola, and are subject to copyright and other intellectual property rights under applicable laws.
User acknowledge that the Website Content is provided to user on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tucoola or the respective owners. Tucoola reserves all rights not expressly granted in and to the Website and the Website Content.
CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Tucoola user acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tucoola is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tucoola shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tucoola may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Tucoola without any obligation of Tucoola to you; and (f) user are not entitled to any compensation or reimbursement of any kind from Tucoola under any circumstances. User agree to indemnify and hold Tucoola and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content user submit, post, transmit, modify or otherwise make available through the Tucoola Website, your use of the Tucoola Website, your connection to the Tucoola Website, your violation of these terms, or your violation of any rights of another.
USER GENERATED CONTENT
If at any point in time Tucoola will provide users the ability to share with other users games developed by users, any and all media, images, games, music, sounds, graphics, video, or other materials and content of any kind that user make available (by uploading or otherwise) to other users of the Website (collectively, the "User Generated Content") are at your sole responsibility.
Tucoola will not screen any User Generated Content, does not back up any User Generated Content and is not responsible for any User Generated Content uploaded or otherwise made available by user or by any user of the Website. This means that you, and not Tucoola, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.
> By uploading and/or otherwise making available User Generated Content user hereby warrant and represent that: (i) the copying, uploading and use of the User Generated Content does not infringe upon any third party's proprietary rights, including but not limited to intellectual property rights; (ii) user have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iv) the User Generated Content is not obscene or libelous and does not violate the right of privacy or publicity of any third party.
User are and shall remain the sole owner of all rights in your User Generated Content; however, by uploading or making available User Generated Content to the Website, user hereby grant Tucoola a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Website and Tucoola' business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
To the extent that user permit sharing of your User Generated Content with other Website users, user also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content to the extent permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by user in your User Generated Content shall terminate within a reasonable period of time after user remove or delete your User Generated Content from the Website; user do understand and agree however that Tucoola may retain, but not display, distribute, or perform, server copies of your User Generated Content that have been removed or deleted.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL TUCOOLA BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRAMSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
THIRD PARTY WEBSITES AND CONTENT
The Tucoola Website may provide, or third parties may provide, links to other World Wide Web sites or resources. User acknowledge and agree that Tucoola is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. User further acknowledge and agree that Tucoola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. User are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Tucoola disclaims any responsibility whatsoever for any harm resulting from your use of non-Tucoola websites and web pages.
ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT
User acknowledge that Tucoola may or may not pre-screen Content, but that Tucoola and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any content that is available via the Tucoola Website. Without limiting the foregoing, Tucoola and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable. User agree that user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, user acknowledges that user may not rely on any Content created by Tucoola or submitted to Tucoola. User acknowledge, consent and agree that Tucoola may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tucoola, its users and the public. Each user of the Website may notify Tucoola that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be abusive Content and provide reasons supporting such notification. Tucoola shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such abusive Content and/or terminate a user's ability to upload content in violation of these Terms of Use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Our Privacy Policy, located at the website explains our online information practices and how your information is collected and used.
INFRINGEMENT NOTICES AND COUNTER-NOTICES
Tucoola respects the intellectual property of others, and we ask our users to do the same. Tucoola may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If user believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tucoola's Copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that user claim has been infringed;
3.a description of where the material that user claim is infringing is located on the site;
4.your address, telephone number, and email address;
5.a statement by user that user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that user are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Tucoola' designated Copyright Agent to receive notifications of claimed infringement may be contacted at: support@Tucoola.com. User acknowledges that if user fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. TUCOOLA DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE REPORTS GENERATED ARE ACCURATE OR ARE ERROR FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT USER WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL TUCOOLA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE AND SPEFICIFALLY REPORTS GENERATES USING THE UNIQUE TUCOOLA SOFTWARE TOOLS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any generated report or content present of Tucoola’s website is not intended to, and do not, constitute professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
INDEMNIFICATION
User agree to defend, indemnify, and hold Tucoola , and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event user will cooperate with Tucoolain asserting any available defenses.
ABILITY TO ACCEPT TERMS OF USE
User affirms that user as the legal parental and/or the legal guardian, user have provided your consent and allowed your minor child to participate, enter the Tucoola site, and play the Tucoola games. User also represent to Tucoola that user are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
GOVERNING LAW & JURISDICTION
Your use of the Website and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict of laws provisions. User agree that any action brought against Tucoola arising out of or relating to the Website or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 18 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
GENERAL
These Terms of Use, together with the Privacy Policy and any other legal notices published by Tucoola on the Website shall constitute the entire agreement between user and Tucoola concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Tucoola failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
