Last Revised: August 26, 2021
Globus Research and Development Ltd. (and its affiliates) d/b/a Cytaka (“Cytaka”, “us” or “we”) welcomes you (the “User(s)” or “you”) to: (i) our website at: https://cytaka.com/ (and its subdomains) (the “Site”), which offers general information regarding Cytaka, our Competitions (as defined below) and our App, and (ii) our mobile application, "CyTaka" which serves as a cybersecurity skills development and training platform (the “App”) (collectively, the “Services”, as further defined below). Each of the Site’s and the App’s Users may use it in accordance with the terms and conditions hereunder.
Acceptance of the Terms
Our App (and the related Services) is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Therefore, you hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
The App, the Site and the Services
The Site serves as a marketing and informative tool and allows you, amongst others, to contact us and receive information relating to our App, our services and Competitions that we may hold from time to time.
The App provides a learning and training platform for programmers in the field of cybersecurity. Amongst others, our App allows registered users to solve training puzzles, questions and games, thereby improving their skills and gaining in-App points (“Points”) which may be converted into Cytaka’s proprietary cryptocurrency - CT (“CT”). Users of App may also compete against other Users by demonstrating their skills and knowledge via the App, to win additional Points. Top ranking Users may be invited to participate, either as contestants or judges, in our real-world tournaments, which are held from time to time, and win prizes (“Competition(s)”).
Competitions are subject to separate terms which will be determined by Cytaka from time to time and at its sole discretion, including with respect to Users’ eligibility to participate in such Competitions. The Company makes no representations or warranties regarding the Competitions, including with respect to their occurrence, date, time, location, eligibility to participate and the prizes awarded, which may vary between events, at the Company’s discretion. To be invited to the Competition, Users must obtain at least five Stars (as defined below) and be ranked within the top 20 in-App ranking as of the eligibility effective date set by the Company and published on the Site or App. Participation in the Competition is on an invitation basis only and is subject to the Company’s sole discretion. Only the top ten in-App ranking Users will be allowed to compete in each Competition and other Users may be invited to participate as judges in the Competition. As a pre-condition for their participation in the Competition, all competitors agree to give press interviews on the date of the relevant event, to reasonably participate in CyTaka’s marketing efforts and to write a blog post for the CyTaka press team. In each Competition the competitors are responsible to pay all taxes as per their country of residence associated with their winnings at the event (if any).
The in-App functionality is divided into levels which are arranged by difficulty. Once a User has completed a level, the User shall earn in-App stars (“Stars”). Stars have no value other than in ranking Users’ achievements in the App and unlocking additional levels. Once a User has gained sufficient Stars (as will be determined by the Company) the User will automatically move up to the next level of the App and will not be able to return to any of the previous levels which he/she has completed. Please note that some levels are available only to Users who have purchased a paid subscription, as detailed under Section 4 below. CyTaka may approach prominent Users to take part in Cytaka’s marketing campaigns. Please
Points may only be used for in-App purposes, they do not have any value outside the App (except where they are converted to CT, as detailed below) and their value is established exclusively by the Company and at its sole discretion. The Company may cease the use of Points, change the value of Points, impose limitations on the use of Points or change the mechanisms that award Points within the App, at any time and at its sole discretion. You hereby waive any and all claims, of any kind, with respect to Points and your ability to use or otherwise exploit them.
Points automatically convert to CyTaka Virtual Coins (CT), based on a conversion rate established by the Company from time to time, at its discretion, and which is published on the Site and/or App. Conversion of Points to CT shall be made on the basis of the effective conversion rate at the time of conversion, as set by Cytaka. Cytaka may change said conversion rate and set limitation and conditions on the conversion of Points to CT and CT to currency, at any time and at its sole discretion.
The Company may allow Users who have achieved certain pre-determined targets within the App to convert their accumulated CTs to standard currency (e.g., U.S. Dollars). Only Users who have gained at least one Star in the Professional Level within the App and that have an active paid subscription to the App at the time of conversion, are eligible to convert CTs to standard currency. The Company permits conversion of CTs in a minimum amount of $US50 per conversion transaction and up to $US700 per month in the aggregate. CT coins that have not been converted in a specific month, for any reason, shall be added to the User’s CT balance and carried into the next month. Each User’s CT balance shall be deleted upon termination of the User’s paid subscription, regardless of the reason for such termination. Payout of actual currency following conversion of CTs may take up to ninety (90) days following the effective date of the applicable transaction. CyTaka may require the User to supply any information it deems necessary to authenticate the identity of the User and complete the transaction. Additional terms and conditions for the conversion of CTs may be set by Cytaka from time to time at its sole discretion and published on the App or Site in advance, including limitation of the maximum permitted conversion sum and pre-determined budgets for conversion. CTs do not have any value outside the App and their value is established exclusively by the Company and at its sole discretion. The Company may cease the use of CT, change the value of CT and impose limitations on the use of CT, at any time and at its sole discretion. You hereby waive any and all claims, of any kind, with respect to CTs and your ability to use or otherwise exploit them.
The Company may allow from time to time, at its discretion, in-App purchases by U.S. Dollar, Points and/or CT. The Company may cease to offer any and all in-App purchases and/or cease to receive any and all payment methods or currencies, at any time and in its sole discretion.
Use of the App is free, however the Company may charge certain fees for in-App services, including for access to professional game level and paid training services which are intended to improve Users’ skills.
The App is intended for entertainment purposes only and should not be regarded as professional training and/or certification.
The Site and the App also include any other content related thereto, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site and the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and the App (collectively, the “Content”).
The Site and/or the App may include the sending of push-notifications, messages, emails, alerts via various means of communication.
(Collectively: the “Service(s)”)
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR THE APP ARE RESERVED TO CYTAKA. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE APP AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. CYTAKA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE APP AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN. USE OF THE SITE AND/OR THE APP IS AT YOUR OWN RISK.
THE APP AND THE CONTENT ARE MADE AVAILABLE SOLELY FOR ENTERTAINMENT PURPOSES. WITHOUT DEROGATING FROM THE AFORESAID, IT IS HEREBY CLARIFIED THAT: (I) THE APP IS NOT A PROFESSIONAL DIAGNOSTICS, ANALYSIS OR CONSULTATION TOOL AND SHOULD NOT BE USED OR OTHERWISE REGARDED AS SUCH. PLEASE NOTE THAT THE RESULTS OF USING THE APP MAY VARY DEPENDING, AMONGST OTHERS, ON EACH USER’S CHARACTERISTICS, THE IN-APP LEVEL PLAYED AND EXTERNAL CIRCUMSTANCES (e.g., FATIGUE); (II) USE OF, OR YOUR RELIANCE ON, ANY RESULTS, AWARDS OR CONTENT MADE AVAILABLE VIA THE APP, OF ANY KIND (INCLUDING ANY CERTIFICATE THAT WE MAY PROVIDE, AND INCLUDING AWARDS PROVIDED IN COMPETITIONS) AND FOR ANY PURPOSE, IS ENTIRELY AT YOUR OWN RISK AND DOES ATTEST TO ANY CHARACTERIZATION OR QUALIFICATION OF THE USER.
WE RESERVE OUR RIGHT TO REFUSE PROVISION OF THE SERVICES, TO ANYONE, FOR ANY REASON OR FOR NO REASON ALL SUBJECT TO APPLICABLE LAW.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or the App, according with the applicable rates charged by your respective third-party internet and data usage service provider as may be from time to time.
Registration and User Account
In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Cytaka. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms (i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security).
If you wish to cancel and remove your Account, please use the applicable functionality within the App or send us an e-mail of your request to: [please fill address]. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
The use of our Site and App are currently offered free of charge. We reserve the right to charge fees for use of our Site and/or App in the future. Notwithstanding, we may offer certain paid services via the App, including training and access to expert game levels, based on a subscription model, and the fees for such services are detailed on our Site and/or App (the “Paid-services” and “Subscription Fees”, respectively).
Please note that we may (but are not obligated to) provide free trial subscriptions or other benefits from time to time, at our sole discretion. The Subscription Fees are billed in advance every thirty (30) days. Your Paid-services subscription will renew automatically based on your subscription plan’s renewal cycle. To the extent applicable, if you do not provide your credit card or other payment information before the expiration of any free trial period, your Paid-services will be suspended until payment information and charge authorization are provided. You will receive a receipt upon each payment received. If you fail to pay your Subscription Fees on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your Paid-services subscription may be suspended or cancelled.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Cytaka based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
We reserve the right to charge fees for certain features or services available via our Site and/or App in the future and to modify the fees and prices for our Services and/or Paid-services at any time, at our discretion. Such pricing modifications will NOT affect your already paid-up subscription period. We will notify you in advance, by placing a notice on our Site and/or App before any charges or fees relating to such use come into effect.
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Cytaka's sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third-party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or App and/or the Content and/or the User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or the App and/or Content and/or the User Generated Content for non-personal or commercial purposes without Cytaka's express prior written consent; (c) remove or disassociate, from the Content and/or the Site and/or thxe App and/or User Generated Content any restrictions and signs indicating proprietary rights of Cytaka or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or the App or the servers or networks that host the Site and/or the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Cytaka endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or the App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Cytaka on or through the Site and/or the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or User Generated Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Cytaka's proprietary rights, including Cytaka's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content and/or User Generated Content on any other site or networked computer environment for any purpose without Cytaka’s prior written consent; (l) create a browser or border environment around Cytaka Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the App and/or Content and/or User Generated Content; (n) frame or mirror any part of the Site and/or the App without Cytaka's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Site and/or the App; (p) transmit or otherwise make available in connection with the Site and/or the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Service for any purpose for which the Site and/or the App and/or the Service is not intended and/or (r) infringe and/or violate any of the Terms.
User Generated Content
The App may allow you to upload, post, publish and make available through it your own copyrightable materials such as, images, literary works, text material and any other proprietary materials, including without limitation commenting on the Content (the “User Generated Content”). Please be sure that while you use the App you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the App. Cytaka will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the App, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third-party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.
Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Cytaka to use or possess in connection with the Site and/or the App (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although Cytaka has no obligation to screen, edit or monitor any of the User Generated Content, Cytaka explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the App at your sole expense.
When you upload, post, publish or make available any User Generated Content on the App, you grant to Cytaka an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Site and/or the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; Cytaka may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third-party. Cytaka shall not bear any liability for any use by any third-party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
CYTAKA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD-PARTY IN THE APP, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS CYTAKA LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD-PARTY MAY ENCOUNTER VIA THE SITE AND/OR THE APP.
Misconduct and Copyright Violation
Cytaka respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that any Content in the Site and/or the App (including User Generated Content) is violating your privacy rights and/or is inappropriate, offensive or contain pornography, please report us at: [Company - please complete] and provide us the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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 sufficient to permit Cytaka to locate the material; (iv) information so that Cytaka can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Cytaka has the sole discretion to restrict and/or terminate access to the Site and/or the App to Users who are deemed to be repeat infringers of third-party's copyright works or Users who acted inappropriately as specified above.
Intellectual Property Rights
Subject to the terms hereof, Cytaka hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Services and the Content provided in the Site and/or the App in accordance with the terms contained in this Agreement.
The Site and/or the App and the Content and Cytaka's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Cytaka and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Cytaka and its licensors.
The Terms do not convey to you an interest in or to Cytaka Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Cytaka’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Cytaka regarding the Site and/or the App and/or the Services (“Feedback“), Cytaka shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Cytaka current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Cytaka to comply with any additional obligations with respect to any Cytaka current or future products, technologies or services that incorporate any Feedback.
Cytaka has no obligation to provide upgrades or new releases of the Site and/or the App under these Terms.
Trademarks and Trade names
Cytaka’s marks and logos and all other proprietary identifiers used by Cytaka in connection with the Services (“Cytaka Trademarks”) are all trademarks and/or trade names of Cytaka, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to Cytaka Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Cytaka Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
Linking to Cytaka Site and Links to Third-Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Cytaka and does not portray Cytaka in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Cytaka Site, you represent that your site does not contain content that is unlawful, offensive or infringing third-party rights. However, we do not permit framing or inline linking.
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Social Media Features
The Services may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Google+ and e-mail etc.) (“Social Features”).
Special provisions relating to Third Party Components
The Site and/or the App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Site and/or the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the App and Cytaka disclaims all liability related thereto. You acknowledge that Cytaka is not the author, owner or licensor of any Third Party Components, and that Cytaka makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
The Services' availability and functionality depends on various factors, such as communication networks. Cytaka does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Changes to the Site and/or the App
Cytaka reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or the App (or any part thereof, including but not limited to the Services provided and the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Site and/or the App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Cytaka shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site and/or the App or the Content included therein. You hereby agree that Cytaka is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Cytaka supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Cytaka has no obligation to provide Updates.
Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE APP AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CYTAKA, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “CYTAKA'S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR THE APP AND/OR THE SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE SITE AND/OR THE APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) CYTAKA WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE APP, (III) THE SITE AND/OR THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND CYTAKA'S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR THE APP AND/OR CONTENT AND/OR USER GENERATED CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR THE APP WILL MEET YOUR REQUIREMENTS).
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT THE USE OF THE SITE AND/OR THE APP AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL CYTAKA, INCLUDING CYTAKA'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, RESULTING FROM OR ARISING OUT OF (I) THE USE OR INABILITY TO USE THE SITE AND/OR THE APP AND/OR THE SERVICE AND/OR THE CONTENT, (II) THE FAILURE OF THE SITE AND/OR THE APP TO PERFORM AS DESCRIBED OR EXPECTED, (III) AN UNAUTHORIZED ACCESS, USE OR OTHER SECURITY INTRUSIONS, TO THE DATA PROCESSED BY US AS PART OF PROVIDING THE SERVICES, (IV) THE PERFORMANCE OR FAILURE OF CYTAKA TO PERFORM ITS DUTIES UNDER THESE TERMS (INCLUDING BY BREACH OF WARRANTY, GUARANTEE OR CONDITION), AND/OR (V) ANY OTHER ACT OR OMISSION OF CYTAKA OR CYTAKA'S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER CYTAKA (OR CYTAKA'S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, CYTAKA'S AND CYTAKA'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE APP AND/OR THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO CYTAKA FOR USE OF THE SITE AND/OR THE APP OR $US1.00, WHICHEVER IS GREATER.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Cytaka and Cytaka Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the App and/or Content and/or the User Generated Content and/or the Service; (ii) your violation of any of these Terms; (iii) your violation of any third-party rights, including without limitation any intellectual property rights or privacy right of such third-party with respect to your use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third-party with relation to the Site and/or the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Termination or Suspension
These Terms shall remain in effect until terminated as set forth herein.
Your failure to comply with the provisions of the Terms, shall terminate your license and these Terms. In the event of your failure to comply herewith, Cytaka may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be your sole remedy in such circumstances. Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the App in your possession or control and so certify to Cytaka if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Cytaka may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information from the Site and/or the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that Cytaka does not assume any responsibility with respect to, or in connection with the termination of the Site’s and/or the App's operation and loss of any data.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Cytaka, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Export and the Location of the User
The App may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States and EU. The User agrees that he/she will not ship, transfer, or export into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
Changes to the Terms
Cytaka may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or the App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on the Site and/or the App or sent via e-mail, whichever is the earlist. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site and/or the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
(a) These Terms constitute the entire terms and conditions between you and Cytaka relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Cytaka, (b) any claim relating to the Site and/or the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Cytaka may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein (including the “In other words” parts) is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Cytaka, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
Additional information and questions
If you have any questions (or comments) concerning the Terms, the App and/or the Site you are most welcome to send us an e-mail to: firstname.lastname@example.org.