daily dev Ltd – Terms of Service
Last Updated: 16 July 2023
TLDR Look, our lawyers were nagging us about this super long legal jargon and asked us to publish it. As a favor to you (and to keep them happy), we’ve created this simple version. It’s a bit like a TLDR for each chunk of the legal speak. If you’re not a fan of legalese or you want the quick scoop, this is for you. However, the ‘simple version’ is strictly for convenience and does not replace in any way your obligations under this Agreement and the requirement to review it thoroughly.
By using the Application (as defined below), adding it to your browser, or clicking the ‘I Accept’ button or similar button as part of accessing, adding, downloading, installing, registering, or using the Application, you hereby agree to these terms of services, as may be amended from time to time (the “Agreement”) with Daily Dev Ltd. (the “Company”).
You hereby further acknowledge that you have read the terms of this Agreement carefully in their entirety and that you agree to be bound by them. Please note that this Agreement constitutes the legally binding agreement between you (either an individual or an entity) and the Company, and if you do not agree to all terms of this Agreement, you must cease any use of the Application in any manner whatsoever, and exit and delete the Application.
TLDROur browser extension and website are like a paradise for developers, offering all sorts of info and content, including stuff made by other users. You gotta promise us two things: first, that you’re at least 16 years old (and we might check to make sure), and second, that we haven’t had to shut down any of your accounts before for any reason.
1.1 The Company’s browser extension and website application provide certain services and information to developers (collectively, the “Application”). As part of the use of the Application, you may view and receive, from time to time, various information and other content created, among other things, by third parties and other end-users of the Application (“Application Content”).
1.2. You hereby represent and warrant that: (i) you are at least 16 years old (the Company reserves the right to request proof of age at any stage to verify compliance with this representation), and (ii) the Company has not disabled or terminated any Account (as defined below) under your name in the past for any reason.
2. Scope of Service & The License
TLDRSo here’s the deal: We’re giving you a limited, take-back-able pass to use our app, but only for your own personal use. Any changes or updates to the app are part of this deal, too. Just to be super clear, we keep all rights to the app that we don’t specifically give to you. We also keep an eye on how the app’s used to make sure everyone’s playing fair.
2.1. Subject to the terms herein, the Company shall use commercially reasonable efforts to grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access, install and use the Application, solely for your personal internal use, including any revisions, derivatives, enhancements, updates or upgrades to it (the “License”). For the avoidance of doubt, the Company reserves all rights not expressly granted under the License to the fullest extent under any applicable law, and you shall not acquire any rights whatsoever in and to the Application beyond the rights granted herein under the License and may only use the same under this Agreement. The Company will have the right to review and monitor all use of the Application to ensure compliance with the terms of the License and this Agreement.
2.2. The Company may update the functionality, user interface, usability, and other user documentation or information relating to the Application and all of its features, from time to time, at its sole discretion and in accordance with this Agreement and the terms of this Agreement shall apply to any such subsequent updates and upgrades of the Application.
TLDRHere’s how it goes: You can use our app as a guest or sign up for an account. When you sign up, we’ll ask for some info (which you gotta keep accurate and up-to-date), and you’ll choose a username and password. You’re the keeper of your account info and login details. Don’t let anyone else use your account, and do your best to keep it from getting hacked. If you spill your login details and something bad happens, it’s not on us.
3.1. Under the License, you may use the Application as a guest or as a registered user. If you wish to register to the Application, the Company shall provide you with credentials to open an account as an end user for the use and access to the Application (the “Account”).
3.3. As part of creating the Account, you will be asked to choose a password and user name, which, together with your email address associated with the Account (the “Access Information”), will constitute your identification information to log into your Account.
3.4. You are solely responsible for maintaining the confidentiality of your Account information and Access Information, and you shall remain solely responsible for any activity on your Account and any activity that occurs as part of your access to the Application. You may not allow any other third party to use or access your Account and agree to use reasonable efforts to prevent unauthorized access to the Application and any device that you use to access the Application. If you share your Access Information with anyone, the Company will not be held liable for any loss that may occur as a result thereof.
3.5. You will contact the Company promptly if (i) you discover that any Account information or Access Information is lost, stolen, or disclosed to an unauthorized person; (ii) you reasonably believe that the Account has been compromised, including any unauthorized access, use, or disclosure of Account information or Access Information; or (iii) you discover any other breach of security in relation to the Account information or Access Information, or the Application, that may have occurred or is reasonably likely to occur.
4. User Obligations and Restrictions
TLDRYou’ve got to foot the bill for your gear to use our app, and make sure it all works together. We’re all about good vibes here, so stick to our content rules and don’t mess with the app’s insides or use it for dodgy or money-making schemes. If you stir up trouble, we can pull the plug on your account, tell others about your antics, and do whatever we need to keep things chill.
4.1 You are solely responsible for your use of and activity on the Application.
4.2. It is your responsibility to obtain and maintain at your expense all necessary equipment, computer hardware, modems, connections to the internet, and other items required to access the Application and ensure that such equipment is compatible with the Application.
4.3. You undertake to use the Application respectfully. Without derogating from the foregoing, you hereby undertake and agree not to upload, distribute, publish, or submit through the Application any content, information, or other material (including with respect to the User Content (as defined below)) that is not in compliance with the Company’s Content Guidelines as available at https://r.daily.dev/content-guidelines (the “Content Guidelines”). By agreeing to the terms of this Agreement, you hereby confirm that you also accept and agree to the Content Guidelines.
4.4. Without limiting the generality of the foregoing, you may not, may not permit or aid others, or allow any third party, to: (i) copy, modify, reverse engineer, decompile, or disassemble the Company’s IPR (as defined below) or the any part thereof, or create derivative works based on the Company’s IPR; (ii) sell, rent, lease, sublicense, distribute, commercially exploit or transfer the Company’s IPR or any part thereof; (iii) represent that you have any proprietary interest in the Application or delete or modify any attributions, legal notices or other proprietary designations on the Application; (iv) use the Company’s IPR, either solely or in conjunction with any other products, for any purpose other than for the purpose hereunder, or contrary to the terms of this Agreement, including in any way that will or might infringe any third party’s rights (including without limitation third party’s intellectual property rights); (v) use the Application in any illegal manner or for unlawful purposes; (vi) create an account with the Application through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; (vii) develop, support or use any means, including any automated device, script or bot, to scrape (such as access or copy in bulk, retrieve, harvest, or index any portion) the Application or any data of any kind available on the Application or related thereto, for any purpose; (viii) contest Company’s Intellectual Property Rights to Company’s IPR; (ix) use any other trademarks, service marks, trade names, designs, logos or other kind of proprietary rights, that are confusingly similar to any of the Company’s IPR or to the look and feel of the Application; (x) interfere with or disrupt the integrity or performance of the Application or Company’s network or the data contained therein or the use of other end-users of the Application; (xi) engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Application, or (xii) Abuse the Application in any way.
“Abuse” shall mean and include any prohibited activity outlined in this Section 4.4, including, without limitation, direct or indirect violation or bad activity in or through the Application, including copyright infringement, email spamming, and network scanning. The decision, whether an Abuse occurred or not, shall reside with Company in its sole discretion. Upon resolution by the Company that an Abuse has occurred, without derogating from any of the Company’s rights, the Company shall notify you accordingly to cease the Abuse immediately.
4.5. Without prejudice to any other right of the Company, upon any such forbidden uses as described in this Section 4, the Company shall have the right to (i) immediately terminate the License; (ii) report your behavior patterns on the Application to third parties, and (iii) take any other action that the Company may deem appropriate to protect its property and rights, as well as the rights of third parties.
5. Intellectual Property
TLDRHere’s the thing: all the stuff you see in our app, like text, images, logos, data, designs, and all the behind-the-scenes intellectual property stuff, that’s all ours. Except for the license to use our app, we’re not giving you any other rights to our stuff. When we say “Intellectual Property Rights”, we’re talking about a huge range of stuff, like patents, copyrights, trade secrets, trademarks, and a bunch more. Basically, any legal rights related to stuff we’ve created.
5.1. Notwithstanding anything to the contrary herein, the Application and any content of the Company that is embodied in the Application, including materials, text, photos, logos, any graphical display of data, designs, sound, figures, analysis, statistics, and any other content, and all Intellectual Property Rights therein and any Feedback (as defined below), and any derivatives thereof and modifications or enhancements to it (collectively, “Company’s IPR”), are exclusively owned by Company and/or its licensors. Except for the License, and as expressly provided herein, no other rights or licenses, expressed or implied, are granted to you by Company with respect to the Application or Company’s IPR.
“Intellectual Property Rights” means any and all worldwide intellectual property rights, whether registered or not, including, but not limited to: (a) patents, patent applications and patent rights, know how, inventions, research and development activities and discoveries; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Company, and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
5.2. Any feedback provided by you to Company regarding the Application or any suggested improvements, enhancements, or derivatives thereto (“Feedback”) is welcome by the Company. You are not required to provide Feedback. However, to the extent that you shall do so, such Feedback shall be solely owned by the Company and shall not, under any circumstance, constitute your confidential information. You hereby acknowledge that the Company may use such Feedback in any manner Company sees fit with no restrictions, without payment of royalty or any other consideration.
6. Representations And Warranties
TLDRWe both promise that we’ve got the right to make this deal, and doing so doesn’t break any other agreements we’ve made elsewhere. We’re also both agreeing that this is a legit deal that can be enforced by law.
6.1. Each party hereby represents and warrants that: (i) it has the full corporate right, power, and authority to enter into this Agreement and to perform the acts required hereunder; (ii) the execution of this Agreement and the performance of its obligations and duties hereunder does not violate any agreement to which it is a party or by which it is otherwise bound; (iii) this Agreement constitutes a legal, valid and binding obligation, enforceable in accordance with its terms.
7. User Content
TLDRAlright, so about the stuff you add to our app, like text, photos, code, or videos (we’ll call this “User Content”). You gotta make sure it follows our Content Guidelines. We get the final say on whether your User Content gets posted and when. Plus, you’re the one responsible for whatever you upload. You’re also promising that your User Content doesn’t break any laws, violate anyone’s rights, or contain anything misleading, offensive, or harmful. If it does, we can change or remove it whenever we want, without having to tell you. Remember, anything you upload isn’t confidential - once it’s on our app, anyone can see or use it. So don’t post anything you want to keep private. And make sure you either own whatever you’re posting, or you’ve got permission to post it.
7.1. Certain features of the Application may permit you to upload, submit, suggest, post, or otherwise make available, directly or indirectly, content, including data, text, code, photographs, videos, events, media, and other types of works (“User Content”). All User Content must be in compliance with the Content Guidelines.
7.2. You acknowledge and agree that the Company shall have sole discretion to determine if the User Content will be posted or uploaded to the Application and the timing on which the User Content will be posted or uploaded to the Application.
7.3. You are solely responsible for the User Content (including, without limitation, in connection with its compliance with all applicable laws and third-party rights). The Company is under no obligation to edit, control or monitor the User Content and will not be in any way responsible or liable for User Content.
7.4. Without derogating from the Content Guidelines, you hereby undertake that any and all User Content shall not (i) violate or infringe any third-party rights (including but not limited to any copyrights, moral rights, trademark rights, trade secret rights, patent rights, privacy rights, publicity rights or contract rights), (ii) violate or infringe any applicable local, state, national or international laws, rules or regulations of any applicable jurisdiction (including but not limited to any tax laws, consumer protection laws, or laws governing the export and/or import of data, software or any other property); (iii) be deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit or obscene, pornographic, invasive of personal privacy or publicity rights; (iv) promote racism, bigotry, hatred or physical harm of any kind against any group or individual.
7.5. Company reserves the right to cut, crop, edit, change, limit, ban, remove or refuse to publish any User Content, in whole or in part, without notice or liability, at any time and in its sole discretion.
7.6. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Application that you consider to be confidential or proprietary. When you submit or post User Content through the Application, you agree and represent that (a) the User Content will become public information, and may be published or transmitted by other end-users through any platform or application, either now known or hereinafter invented; (b) you own that User Content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the User Content, to submit it to the Application.
7.7. To the fullest extent permitted by law, Company is not responsible for the use of any User Content or results of processing User Content by users or non-users of the Application or any third parties.
7.8. The company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Application and related systems and technologies (“Usage Data”). The Application may be implemented using machine learning and artificial intelligence systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“AI Process”). The Company has the right to use such AI Process for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Application. You shall not have any rights in or to any part of the Application or the AI Process generated by the Company or the AI Process generated in the course of providing the Application.
8. Application Content
TLDROkay, here’s the thing about the content we provide on our app (we call this “Application Content”): we use data from other people and artificial intelligence technologies to make it happen. That’s how we keep things fresh and personalized. But here’s the kicker: our content is just for information and personal use. We’re not trying to push you to do anything based on it. Bottom line is, don’t rely too much on our content. We won’t be able to tell you about every single change that happens. If you decide to use our content to make decisions, that’s on you. You gotta be responsible for your own actions 😛
8.1. You hereby acknowledge and agree that for the purpose of providing the Application Content, the Company is organizing and analyzing content, data, and information of third parties, including such that are uploaded through the Application by other end-users, by using, inter alia, artificial intelligence technologies (including the AI Process) that help personalize and improve the Application.
8.2. The Application Content is intended for informational purposes and personal use only. The Company is not soliciting any action based on the Application Content and is not endorsing any Application Content. The Application content may be subject to factors beyond the Company’s control, such as continuous updates or modifications, and may reflect personal thoughts and ideas of third parties. You are hereby cautioned not to place reliance on any Application Content. The Company does not undertake to advise you of any changes in any of the Application Content. Any reliance on any portion of the Application Content or the use thereof is at your sole risk, and you shall bear sole responsibility for your actions and decisions made relying on the Application Content.
9. Group Admins
TLDRBeing a Group Admin on our app is like being a neighborhood watch captain. You start your own squad, the “Group”, and you’re the boss. Here are some things to keep in mind: You gotta ensure that your squad is following our rulebook, including our content guidelines. You’re the one in the hot seat if they goof up. If a rule gets broken, you need to give us a heads-up straight away. This responsibility is on you, chief! If your group is up to no good, like doing illegal stuff or constantly crossing the line, we might have to step in. So, keep it clean!
9.1. Certain features of the Application may allow registered users holding an Account to create a community within the Application that will include specific end-users of the Application (each, a “Group”) and to operate such Group as its admin or a moderator (each a “Group Admin”). If you act as a Group Admin, the terms of this Section 9 shall apply to you in addition to any other terms under this Agreement.
9.2. The Group Admin shall act as the leader and representative of its respective Group, and as such, each Admin is responsible for ensuring that its Group, and all end-users taking part in the Group (whether as users or non-users) (“Group Members”), comply with the terms of this Agreement, including without limitation, the Content Guidelines, and Admin shall promote the safety and well-being of its Group Members (collectively, “Community Guidelines”).
9.3. The Group Admin is responsible for the activity of its respective Group and the Group Members. In the event Group Admin shall create, approve or otherwise permit to be created any content that violates the terms of this Agreement or the Community Guidelines (“Violating Content”), Group Admin must notify the Company immediately of any such Violating Content.
9.4. You may not create any Group in order to promote illegal activities, products, or services, nor for purposes that violate the terms of this Agreement, the Content Guidelines, or any applicable law, statute, and regulation. The Company may take action, at its absolute discretion, against Groups that appear to have been created for purposes that violate the above-mentioned or Groups that are used to repeatedly or severely violate the same.
9.5 Group Admins may not create a Group bearing a name that contains profanity or violates the Community Guidelines or rights of any third party.
10.3. You acknowledge and agree that the Company may collect, create, process, transmit, store, use, and disclose aggregated and/or de-identified data derived from the Data or your use of the Application (“Aggregated Data”) for the Company’s business purposes, including for AI Process and training, industry analysis, benchmarking, analytics, and improving the Company’s AI models, algorithms, and systems to enhance the overall user experience and service offerings. All Aggregated Data will be in an aggregated and/or de-identified form only and will not identify you. Nothing in this Agreement gives you any rights in or to any part of the Application, and the services provided thereunder, or the Aggregated Data.
10.4. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you, and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Application.
TLDROur app is a take-it-as-you-find-it deal, with no promises of perfection or guarantees, meaning any bugs, inaccuracies, or issues fall on your lap, not ours, so use it wisely!
THE APPLICATION is PROVIDED ON AN “AS IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR USE OF OR ACCESS TO THE APPLICATION REMAINS WITH YOU. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE APPLICATION SHALL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE APPLICATION SHALL NOT CONTAIN ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (III) THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR THAT IT WILL BE ABLE TO BE USED AT ANY TIME, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET; (IV) THE APPLICATION CONTENT IS IN ANY WAY ACCURATE, CURRENT OR COMPLETE; (V) THE APPLICATION WILL MEET YOUR REQUIREMENTS. COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION TO THE APPLICATION OR THE ACCOUNT AND WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, OR ANY OTHER THIRD PARTY, AS A RESULT, OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE APPLICATION OR ANY INFORMATION DERIVED THROUGH THE APPLICATION. IN ADDITION, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS TO YOUR SYSTEMS OR FOR YOUR USE OF THE APPLICATION.
12. Limitation of Liability
TLDRIn the unlikely event that something goes south, we’re keeping it fair and simple: our liability caps at 100 bucks, no matter the scenario, which we think is pretty reasonable given the lay of the land.
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ANY EVENT, THE COMPANY'S MAXIMUM AGGREGATE LIABILITY UNDER OR ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED AN AGGREGATE AMOUNT OF US$100.
12.2. The limitations contained in this Section 12 are considered reasonable by the parties having regard to the circumstances which are known to or in the contemplation of the parties at the date of this Agreement and the availability of insurance to the parties.
TLDRIf trouble knocks at our door because of how you’ve used the app or due to your user content, you’re agreeing to have our back, covering any costs or damages we might face, even those pesky attorney fees.
You hereby agree to indemnify and hold Company harmless from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action (“Claim”) by a third party (including reasonable attorney fees) arising from or in connection your access or use of the Application, the User Content, or any breach of your responsibilities or obligations, representations or warranties under this Agreement.
14. Third Party Services or Content
TLDROur app might show content or services from others, including ads and user stuff, but just so you know, we don’t make, control, or endorse that stuff, and it might not always be spot-on, so double-check anything you plan to act on.
14.1. While using the Application, you may view content or services provided by third parties, including advertisements and User Content published by other end-users. It is emphasized that all content provided by third parties is not provided by the Company or by anyone on its behalf, and the Company does not control, endorse or adopt any such content or services, and such may not always be accurate or current.
14.2. Accordingly, the Company recommends you independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
TLDROur app might have links and stuff leading to other sites or software controlled by third parties. Before you click, make sure you know what you’re getting into as we’re not vouching for them with these links. They’re simply there for your browsing pleasure.
The Application may contain links, content, advertisements, promotions, logos, and other materials to websites or software that are controlled or offered by third parties (the “Links”). The Company caution you to ensure that you understand the risks involved in using such websites, software, platforms, or materials before retrieving, using, relying upon, or purchasing anything via these websites, platforms, or software or based on such materials. The inclusion of Links in the Application is not an endorsement, authorization, sponsorship, affiliation, or any other connection between the Company and those websites, platforms, software, or their operators. Such Links are provided solely for your convenience, and you agree that under no circumstances it will hold the Company liable for any loss or damage caused by the use of or reliance on any content, goods, or services available on other websites, platforms, or software.
TLDRYou can choose to leave our app and delete your account whenever you fancy. But, be aware that if you’re not playing by the rules, we have the right to suspend or axe your use of the app. If we part ways, certain sections of this agreement will continue to apply. This agreement represents everything we’ve agreed on, and if any part of it doesn’t stand up in court, the rest of it still holds. Lastly, the laws of the State of Israel govern this agreement and any disputes will be dealt with in the courts of Tel-Aviv, though we can take action anywhere if there’s a real threat of a breach.
16.1. You may terminate this Agreement at any time by deleting your Account and ceasing to use the Application. The Company shall have the right to suspend or terminate the License and your use of the Application immediately, at any time, upon your failure to comply with any of your obligations hereunder. Upon termination of the Agreement, the Company shall be entitled to terminate or disable the Account, and you shall cease to use the Application. Notwithstanding the termination or expiration of this Agreement, Sections 5 (Intellectual Property), 9 (Privacy), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Miscellaneous) shall survive and remain in effect in perpetuity.
16.2. The Company may, at its sole discretion, update, upgrade, amend, modify, or discontinue, from time to time, the Application and/or introduce new services therewith. The Company shall not be liable for any loss suffered by you resulting from any such changes made, nor your inability to use certain features of the Application or reduced performance associated with failure to install available updates and upgrade of the Application, and you shall have no claims against the Company in such regard.
16.3. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, sales orders, or other instrument between the parties. The Company may change and update the terms of this Agreement from time to time. By continuing to use the Application after any changes come into effect, you are deemed to agree to such revised terms.
16.4. The parties will at all times be independent contractors with no right to bind or obligate the other in any manner whatsoever. The transmission of information to or from the Application does not create between the parties any relationship that deviates from those specified in this Agreement.
16.5. You may not transfer or assign your rights or obligations under this Agreement to any third party without Company’s prior written approval, and any such purported assignment shall be null and void. Company may assign its rights or obligations under this Agreement at any time.
16.6. The failure of either party at any time to require performance by the other of any provision herein will not affect the right of such party to require performance at any time thereafter, nor will the failure of either party to take action regarding a breach of any provision hereof be taken or held to be a waiver of the provision itself.
16.7. By agreeing to the terms of this Agreement, you hereby confirm that you further agree to be bound by the YouTube’s terms of service, currently located at https://www.youtube.com/t/terms.
16.8. Any provision of this Agreement which is determined to be prohibited or unenforceable by a court of competent jurisdiction will be ineffective only to the extent of such prohibition or unenforceability and will be severed without invalidating the remaining provisions hereof or otherwise affecting the validity or enforceability of such provision. The headings used herein are for the convenience of the parties only and will not affect the interpretation of this Agreement.
16.9. Any abbreviated version of this Agreement, including by way of the ‘TDLR’ sections set forth herein, are intended strictly for convenience of the parties only and will have no force and affect with respect to the provisions of this Agreement, including with respect to the interpretation of it or any provision thereof.
16.10. This Agreement shall be governed by the laws of the State of Israel without reference to its principles of conflict of laws to the extent they would require the application of the law of another jurisdiction. The parties each consent to the exclusive jurisdiction of the courts of Tel-Aviv, Israel, and waive any objection to venue in such courts. Notwithstanding the foregoing, the Company shall be entitled to seek injunctive and other equitable relief without the necessity of showing actual monetary damages in any jurisdiction in the event of an actual or threatened breach.