Last Revised: August 16, 2023
MindLi and its affiliates DigitalRosh (collectively, the “Company“, “DigitalRosh” or “we”) welcome you (the “User(s)”, or “you”) to our primary web platform available at www.digitalrosh.com (and its subdomains) (collectively, the “Site”). The Site serves as an educational platform, a resource center, and a social platform for DigitalRosh’s digital leaders’ community and provides Users with the DigitalRosh services (hereinafter, collectively, the “Services”, as described below).
1. Acceptance of the Terms
The Site and/or Services are available only for the personal use of individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site and/or Services in accordance with these Terms, and to fully perform your obligations hereunder.
2. The Site and/or Services
The Site serves as a resource and education center, a knowledge center, and a social platform that allows Users to communicate with other Users, and includes, inter-alia, the following Services: (a) training programs and courses that will be offered from time to time, (b) DigitalRosh’s resources and professional materials, (c) DigitalRosh’s community meetings (online and offline); (d) DigitalRosh’s forums and original content; (e) DigitalRosh’s directory, which allows Subscribers to locate and communicate with other Subscribers (as defined below); and (e) comprehensive information regarding DigitalRosh and its partners, and other DigitalRosh’s professional services and content.
(i) Users’ access to most of DigitalRosh’s Services are subject to the User’s Registration to our “DigitalRiosh Basic” subscription which is offered free of charge (“DigitalRosh Basic”), and certain additional Services are subject to the purchase of a “DigitalRosh Pro” subscription (“DigitalRosh Pro”), as further detailed below.
(ii) We may modify or cease to offer any Services at any time, as well as offer additional online services through the Site from time to time, all at our sole discretion and without prior notice. Certain services may be offered and provided through third-party platforms, such as ‘Zoom’ and others, or through real-life offline meetings. In this case, such services shall be included in the definition of the term “Services” hereunder, and these Terms shall apply to your use of such services, with necessary changes. Please note that DigitalRosh is not and will not be responsible for any act or omission of any third party through which it provides Services, including third-party platforms, venues, meeting places, etc.
(iii) The Site may offer paid courses, including courses that are conducted in collaboration with third parties (the “Course(s)“). Please note that your attendance of such Courses may be subject to separate or additional terms of service, which will be brought to your attention by the Course’s operator upon your registration to such Course, and in the event of any conflict between these Terms and the terms of the relevant Course, the conditions of the relevant Course shall prevail. For the avoidance of doubt, we are not responsible for any actions or omissions of a third party with respect to the Courses, and we are not responsible for and disclaim any warranty with respect to the quality of the Courses and/or the lecturer and/or the fitness of the Courses for your purposes or needs, and we do not provide any warranties or representations for such Courses.
(iv)The Site and/or Services may contain content that is provided to DigitalRosh by third parties, including by Users of the Site, such as photos, recommendations, feedback, ratings, written content, and ads (“Third Party Content“). DigitalRosh does not monitor Third Party Content and therefore does not guarantee its correctness or fitness for your purpose, and such content does not bind DigitalRosh in any way. Your use and reliance on Third Party Content are at your sole responsibility and risk. In any case of contradiction between Third Party Content and the information provided to you directly from the relevant third party, the information provided to you directly will prevail.
(v) The Site may allow you to share with other Users content, including texts, links, images, video clips and so forth (the “User Content“), as further detailed below.
(vi) DigitalRosh is the owner of a ‘WhatsApp group in which it shares, from time to time, its newsletter, comprehensive information on events, and other content (the “WhatsApp Group“). By joining the WhatsApp Group, the User agrees to receive, inter-alia, advertising from DigitalRosh via the WhatsApp Group.
(vii) In case you received the Services through your place of work or in case a Subscription to the Services was purchased for you by your employer, please note that these Terms will apply to you and to your use of the Subscription and Services, with necessary changes.
The Site and/or Services include inter-alia, 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, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, other features obtained from or through the Site and/or Services, User Content and Third Party Content (collectively, the “Content”).
The Site may include push notifications. You hereby agree to receive any push notifications (push notifications may be sent to Users upon confirmation to receive such notifications). You may opt out of receiving push notifications from the Site by changing the settings of your browser.
(All the services listed herein, whether provided through the Site or through other manners, including services provided or offered by third parties, shall be defined, collectively as the “Services“)
ALL RIGHTS IN AND TO THE SITE, THE SERVICES, AND/OR THE CONTENT ARE RESERVED TO DigitalRosh OR ITS LICENSORS.
THE SITE AND/OR SERVICES AND/OR CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SITE, THE SERVICES, AND/OR THE CONTENT, IS ENTIRELY AT YOUR OWN RISK. DigitalRosh DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY, AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR THE SERVICES AND/OR USER CONTENT AND/OR THIRD PARTY CONTENT AND/OR CONTENT, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND RELATED SERVICES, INCLUDING ANY THIRD PARTY’S SERVICES.
PLEASE NOTE: YOU ARE REQUIRED TO REGISTER TO THE SITE IN ORDER TO ACCESS AND USE MOST OF THE SERVICES (THE “REGISTRATION”). AS PART OF THE REGISTRATION, YOU MAY BE REQUIRED TO PROVIDE DigitalRosh WITH CERTAIN DETAILS, INCLUDING APPLICABLE PAYMENT DETAILS. YOU HEREBY CONFIRM THAT ANY AND ALL DETAILS YOU PROVIDE TO DigitalRosh (INCLUDING YOUR PERSONAL INFORMATION, AS DEFINED IN OUR PRIVACY POLCY) IS VOLUNTARILY PROVIDED TO US AND AT YOUR OWN DISCRETION. YOU HEREBY AGREE TO PROVIDE DigitalRosh WITH COMPLETE, ACCURATE, AND CORRECT DETAILS, AND YOU WILL NOT MISREPRESENT YOUR IDENTITY OR ANY OTHER DETAILS DURING THE REGISTRATION AND/OR IN ANY OTHER CIRCUMSTANCES.
IN CASE DigitalRosh BELIEVES THAT AS PART OF THE REGISTRATION OR IN ANY OTHER CIRCUMSTANCES, A USER HAS MISREPRESENTED HIS/HER IDENTITY OR PROVIDED ANY OTHER FALSE DETAILS, SUCH USER EXPOSES HIMSELF TO CRIMINAL AND/OR CIVIL LIABILITY, IN ADDITION TO DigitalRosh’S RIGHT TO DENY ANY ACCESS TO THE SITE AND/OR SERVICES.
DigitalRosh ENCOURAGES USERS TO TREAT ANY CONTENT AVAILABLE ON THE INTERNET CAREFULLY AND CRITICALLY, INCLUDING INFORMATION PUBLISHED BY THIRD PARTIES (THIRD PARTY CONTENT), USERS (USER CONTENT) AND OTHERS ON THE SITE. PLEASE NOTE THAT DigitalRosh IS NOT THE PUBLISHER OF SUCH CONTENT AND THEREFORE DigitalRosh IS NOT RESPONSIBLE FOR SUCH CONTENT’S RELIABILITY, TRUSTWORTHINESS, ACCURACY, OR COMPLETENESS. PLEASE NOTE THAT SUCH CONTENT IS NOT AND CAN NOT BE A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONALS. THIRD-PARTY CONTENT AND USER CONTENT PUBLISHED ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE USER IS AWARE AND AGREES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY DECISIONS AND/OR ACTIONS TAKEN BY HIM/HER AS A RESULT OF AND/OR IN CONNECTION WITH ANY USE OF THE SITE AND/OR SERVICES AND/OR CONTENT (INCLUDING, WITH RESPECT TO ANY INTERACTION BETWEEN USERS AND/OR ACTIONS RELATED TO PAYMENTS, ETC.).
THE USER HEREBY AGREES THAT THIRD-PARTY CONTENT AND USER CONTENT MAY INCLUDE ADVERTISING PUBLISHED BY USERS OR BY THIRD PARTIES, AND SUCH ADVERTISING IS PUBLISHED AS THE SOLE RESPONSIBILITY OF THE ADVERTISERS. DigitalRosh WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF SUCH ADVERTISING, IN ADDITION, THE USER CONFIRMS THAT DigitalRosh HAS NO OBLIGATION AND/OR THE ABILITY TO MONITOR OR VERIFY SUCH CONTENT (INCLUDING ADVERTISING).
WITHOUT DEROGATING FROM DigitalRosh’S RIGHTS UNDER ANY LAW AND/OR THESE TERMS, DigitalRosh MAY, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE, LIMIT OR BLOCK ANY USER, WHETHER REGISTERED OR NOT, WHO VIOLATES THESE TERMS FROM USING OF THE SITE AND THE SERVICES.
COMMERCIALS AND NEWSLETTER: BY PROVIDING CONTACT DETAILS AS PART OF YOUR REGISTRATION AND/OR BY JOINING OUR WHATSAPP GROUP, YOU AGREE THAT WE MAY USE YOUR CONTACT DETAILS (INCLUDING, WITHOUT LIMITATION, EMAIL ADDRESS AND PHONE NUMBER) FOR THE PURPOSE OF PROVIDING YOU COMMERCIAL AND/OR NON-COMMERCIAL MATERIALS RELATED TO OUR AND OUR PARTNERS’ CURRENT AND/OR FUTURE ACTIVITIES. YOU MAY WITHDRAW YOUR CONSENT BY SENDING A WRITTEN NOTICE TO OUR EMAIL ADDRESS SUPPORT@MINDLI.COM OR ALTERNATIVELY BY FOLLOWING THE INSTRUCTIONS FOR REMOVING YOURSELF FROM THE MAILING LIST WHICH IS AVAILABLE IN THE MESSAGE TRANSMITTED TO YOU, AND/OR BY REMOVING YOURSELF FROM THE WHATSAPP GROUP (AS APPLICABLE). FOR THE AVOIDANCE OF DOUBT, SUCH REMOVAL FROM OUR MAILING LIST WILL NOT AFFECT YOUR RECEIPT OF TRANSACTIONAL MESSAGES RELATED TO THE SERVICES, SUCH AS MESSAGES FROM OUR TECHNICAL ASSISTANCE TEAM.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection, and data usage charges made through the use of the Site and/or Services, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Subscription to the Services
Data Protection: The Subscription is intended for private and personal use only. You must safeguard and not disclose your Subscription details and supervise the use of such Subscription and your account. You agree to keep your Subscription details up-to-date and accurate. You are solely and fully responsible for maintaining the confidentiality of your password to use the Subscription and for all activities that occur under your Subscription. You must notify us immediately of any unauthorized use of your Subscription or any other breach of security related to your Subscription and in such event, you must change your password immediately via the settings page on the Site. 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 Subscription through the details he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Subscription or any other breach of security.
In case you want to change your password, you can do so by changing your Subscription settings page on the Site. In case you want to cancel/delete your Subscription, you may contact us by writing to the following e-mail address: firstname.lastname@example.org. The cancellation of the Subscription will be carried out within a reasonable time, and from the moment of cancellation, you will no longer be able to enter your Subscription or view the details and/or content in your Subscription. It is hereby clarified that after the cancellation/deletion of your Subscription, DigitalRosh may keep any information and/or content regarding your Subscription for the purpose of handling legal claims and/or for accounting needs and/or any other purposes required by law.
PLEASE NOTE: CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT AND/OR INFORMATION (INCLUDING DETAILS GENERATED BY YOU). WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Subscribers and Payments
Paid Subscriptions: To gain access and benefit from the full range of Services, you may be required to purchase a paid Subscription, such as DigitalRosh Pro (“Paid Subscription“), subject to the payment of fees and to the following terms and conditions and in accordance with the fees, periods, terms of payment and additional conditions which are specified at www.digitalrosh.com/about/membership, which form an integral part of these Terms and are incorporated herein by reference.
Additional Paid Services: Certain Services may be subject to additional fees, (such as participation in the Courses). Such fees may be paid directly to third parties who offer such Services. For the avoidance of doubt, the Paid Subscription fees do not entitle the subscriber to access or participate in any Service that requires the payment of additional fees, including inter-alia in the Courses. For more information on this matter, please refer to the relevant paid Service’s terms and conditions on our Site. In addition, in case of purchasing certain Services which are offered on the Site, including the Courses, DigitalRosh may, at its sole discretion, grant you a DigiatlRosh Pro Subscription, free of charge (subject to confirmation of such grant by DigitalRosh). DigitalRosh may, at any time, cease granting free Subscriptions or terminate existing free Subscriptions, at its sole discretion.
Changes to Paid Subscription: DigitalRosh may, at its sole discretion, offer different Paid Subscription types and/or update the conditions of any Paid Subscription (including DigiatlRosh Pro), from time to time, including without limitation, with respect to the payment methods, the fees, the Paid Subscription periods, and the Services provided to the subscriber, provided that such change will not affect the existing Paid Subscription period and will enter into effect on the date of renewal of the Paid Subscription (subject to prior written notice of such changes, and in accordance with applicable law).
Coupons: The User may enter a coupon code when purchasing a Paid Subscription, to redeem a benefit received from DigitalRoshor its partners (the “Coupon“). Please note, the Coupon is provided for your personal use only. DigitalRosh is not responsible to and has no liability in connection with the use by third parties of such a Coupon provided to you, and DigitalRosh does not guarantee that the Coupon will work when used by third parties. Please note that we may limit the use of Coupons, including the redemption period and the number of Coupons that can be redeemed. It is hereby clarified that DigitalRosh has no obligation to grant any discounts, benefits or Coupons, and these will be granted at DigitalRosh’s sole discretion, from time to time.
Conditions for canceling of the Services and/or pausing the Paid Subscription:
a. Cancelations and Subscription Pause: You can cancel or pause your Paid Subscription at any time, and you can do so via (a) the settings of your Subscription on the Site; (b) sending us an e-mail that includes at least your name and phone number to email@example.com or (c) sending us a mail that includes at least your name and phone number to the address: Hadjaj towers, 28 Ha’arbaa St., Tel Aviv. For further assistance regarding canceling or pausing a Paid Subscription, please contact us via the email address above.
The cancellation notice will take effect up to three (3) business days after the receipt of such notice by DigitalRosh. Notices received by mail will come into effect approximately six (6) business days after the receipt of the notice by DigitalRosh.
Except to the extent required by applicable Consumer Protection Laws, no refunds will be granted under these Terms, including any Subscription fees.
Without derogating from the generality of the foregoing, please note that you will have the option of canceling your Paid Subscription at the end of the next billing cycle, at a later date, or immediately and that the following cancellation conditions will apply to the immediate cancellation of the Paid Subscription:
– Monthly Paid Subscription – to the extent that the cancellation refers to a monthly Paid Subscription, and the Subscription fees have been paid for the month in which the cancellation is requested, you will be entitled to a proportional refund of the Subscription fees paid in relation to that month, starting from the effective date of the cancellation notice, as stated above.
– Annual Paid Subscription – as long as the cancellation refers to an annual Paid Subscription, you will be entitled to a refund of the subscription fee, with a deduction of a cancellation fee at the rate of 5% of the payment paid by you (or USD 30, whichever is the lower of the two), and this to the extent that the cancellation notice was received during the first 14 days from the date of purchase of the Paid Subscription. Starting on the 15th day, the refund will be given with a deduction of the relative cost for months in which the Subscription was active and valid (including the days of the month in which the cancellation notice was received).
- Guided Courses frontal courses or which held by virtual meetings using ZOOM or similar systems):
You can cancel your participation in the guided Courses via: (a) sending an e-mail to the Course’s director, to the e-mail address that will be provided to you when registering for the Course, that includes at least your name and phone number; (b) sending us a message via the “Contact Us” page at https://he.digitalrosh.com/about/contact-us/; or (c) sending us a mail that includes at least your name and phone number to the address: Magdali Ha’arbaa, 28 Ha’arbaa St., Tel Aviv. For further assistance regarding your participation in the guided Course, please contact the Course’s director or contact us via the email address above.
The cancellation notice will take effect up to three (3) business days after the receipt of such notice by DigitalRosh. Notices received by mail will come into effect approximately six (6) business days after the receipt of the notice by DigitalRosh.
The following cancellation conditions will apply to requests to cancel your participation in the guided Courses:
- In the event that the cancellation notice is received up to thirty (30) days before the beginning of the Course – you will be entitled to a full refund for the Course tuition, less a cancellation fee of five percent (5%) of the tuition paid by you (i.e., you will be entitled to a refund in the amount of ninety-five percent (95%) of the tuition).
- In the event that the cancellation notice is received between thirty (30) days and fourteen (14) days before the beginning of the Course, you will be entitled to a refund of fifty percent (50%) of the Course tuition paid by you.
- In the event that the cancellation notice is received within a period of less than fourteen (14) days before the beginning of the Course – you will not be entitled to any refund of the Course tuition paid by you.
Notwithstanding the foregoing and in accordance with applicable Consumer Protection Laws, if the cancellation notice was received during the first fourteen (14) days following the Course’s purchase date and at least two (2) days, which are not rest days, prior to the beginning date of the Course, you will be entitled to a full refund for the Course tuition paid by you, less a cancellation fee of five percent (5%) of the tuition paid by you (or 100 NIS, whichever is lower).
2. Self-learning Courses:
You can cancel your participation in the Self-learning Courses via: (a) sending us an e-mail that includes at least your name and phone number to firstname.lastname@example.org (b) sending us a message via the “Contact Us” page at https://he.digitalrosh.com/about/contact-us/; or (c) sending us a mail that includes at least your name and phone number to the address: Magdali Ha’arbaa, 28 Ha’arbaa St., Tel Aviv. For further assistance regarding your participation in the self-learning Course, please contact the Course’s director or contact us via the email address above.
The cancellation notice will take effect up to three (3) business days after the receipt of such notice by DigitalRosh. Notices received by mail will come into effect approximately six (6) business days after the receipt of the notice by DigitalRosh.
Except as required under applicable Consumer Protection Laws, no refunds will be granted for payments made by you under these Terms, including the self-learning Courses tuition. Without derogating from the generality of the foregoing, please note that you may notify us about your participation cancellation in the Course, and in this case the following cancellation conditions will apply:
- You will be entitled to a refund of the tuition fees less a cancellation fee of five percent (5%) of the tuition paid by you) or 100 NIS, whichever is lower), provided that the cancellation notice was received by DigitalRosh during the first fourteen (14) days following the Course’s purchase date.
Please note: If a Paid Subscription was purchased for the User by his/her employer and/or through an organization or through another third party that is not a natural person, the payment terms and any other terms agreed between DigitalRosh and the specific organization or third party will prevail over these Terms, and it is hereby clarified that in such case no refunds will be granted, and such Subscription cannot be canceled or paused unless otherwise stated in the agreement between DigitalRosh and the specific employer, organization or third party.
The Company’s details for the purposes of the Consumer Protection Law:
MindLi (registration number: 516554102)
Address: 28 Harbea St., Tel Aviv, Israel
5. Use Restrictions
There are certain conducts that are strictly prohibited when using the Site and/or Services and/or Content. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at DigitalRosh’s sole discretion) in the termination of your use of the Site and/or Services and/or Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by DigitalRosh, you may not (and you may not permit anyone to): (a) use the Site and/or Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Services and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or Services and/or the Site any restrictions and signs indicating proprietary rights of DigitalRosh or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (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 retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or Services or the servers or networks that host the Site and/or Services, 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 DigitalRosh endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or Services; (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 Services; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by DigitalRosh on or through the Site and/or Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such 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 toDigitalRosh’s proprietary rights, including DigitalRosh’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without DigitalRosh’s prior written consent; (l) create a browser or border environment around DigitalRosh’s 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 Services and/or the Content; (n) frame or mirror any part of the Site and/or Services without DigitalRosh’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or Services; (p) transmit or otherwise make available in connection with the Site and/or Services 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 Site and/or Services for any purpose for which the Site and/or Services are not intended; (r) use the Site and/or Services for any purpose, whether commercial or non-commercial, that is not considered as personal use by DigitalRosh and/or that such use is considered as a nuisance and/or inappropriate by DigitalRosh and/or the Users; and/or (s) infringe and/or violate any of the Terms.
6. Privacy and Policy
7. Intellectual Property Rights
The Site, the Content, and DigitalRosh’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, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to DigitalRosh and are protected by applicable patent, copyright, and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by DigitalRosh and its licensors.
The Terms do not convey to you an interest in or to DigitalRosh’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of DigitalRosh’s Intellectual Property under any law.
To the extent you provide any feedback, comments, or suggestions to DigitalRosh (“Feedback”), DigitalRosh shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any DigitalRosh current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to requireDigitalRosh to comply with any additional obligations with respect to any DigitalRosh current or future products, technologies, or services that incorporate any Feedback.
8. Trademarks and Trade names
DigitalRosh’s marks and logos and all other proprietary identifiers used by DigitalRosh in connection with the Site (“DigitalRosh‘s Trademarks”) are all trademarks and/or trade names of DigitalRosh, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the Site and/or Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to DigitalRosh’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
9. Commercial Content
The user may be exposed to commercial content or advertisements published by DigitalRosh and/or third parties. All content that appears in such commercial content or advertisements belongs to those third parties and such third parties are solely responsible for such content and ads. The commercial content and ads are provided to Users “AS IS”. DigitalRosh has no obligation or responsibility with respect to such content and ads, whether or not DigitalRosh has control over such commercial content and ads. In any case, DigitalRosh will not be responsible for any damage or loss arising as a result of or in connection with such commercial content or advertisements. The integration of such content and ads on the Site and/or Services does not constitute a recommendation or encouragement by DigitalRosh to purchase such services and/or products offered for sale as part of the commercial content and/or advertisements.
10. Online Payment Processors
11. User Content
The Site may allow Users to upload certain materials and information, such as images, messages, links, text information, videos, graphics, and files via the Site (collectively, “User Content”). Users are solely responsible for the User Content that they upload to the Site and retain all ownership rights in such User Content. DigitalRosh does not endorse any User Content and shall not be held liable for any User Content whatsoever. You represent and warrant that you are the rightful owner of the User Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Content and that such User Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
THE USER CONTENT THAT YOU SUBMIT ON OR VIA THE SITE IS PUBLICLY AVAILABLE TO OTHER USERS OR THIRD PARTIES WITH WHOM YOU SHARED IT, OR OTHERWISE ENABLED ACCESS TO IT; AND, THEREFORE, IS DEEMED TO BE NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY (I) PRIVACY RIGHTS AND PUBLICITY RIGHTS WITH RESPECT THERETO, AND (II) ANY CLAIMS AGAINST DigitalRosh WITH RESPECT TO WHOM RECEIVED, OR DID NOT RECEIVE, FOR ANY REASON, THE USER CONTENT.
You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content. DigitalRosh 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 Content.
You expressly agree that the User Content will not include any unsolicited promotions, advertising, contests, or raffles. You agree that you will not post or upload any User Content containing content which (i) is unlawful for you to possess, post or upload in the country in which you are resident, (ii) would be unlawful for DigitalRosh to use or possess in connection with the Site and/or Services, (iii) breaches the rights of third parties (including, without limitation any intellectual property rights), (iv) is defamatory, vulgar, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent, or promotes or induces illegal activity. The foregoing is by no means a comprehensive list and DigitalRosh reserves the right to add further clarifications as to which User Content may be considered prohibited for the purposes of these Terms.
Although DigitalRosh has no obligation to screen, edit or monitor any of the User Content, DigitalRosh explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Content at any time and for any reason, and you are solely responsible for creating backup copies of your User Content and replacing any User Content you post on the Site at your sole expense.
DigitalRosh takes no responsibility and assumes no liability for any User Content uploaded, posted, published, and made available by you or any third party, or for any loss or damage thereto, nor is DigitalRosh for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
Notwithstanding the foregoing, we may, from time to time, determine categories of User Content which accordingly you will be required to send your User Content directly to DigitalRosh’s review, before uploading it to the Site. In this case, DigitalRosh may, at its sole discretion, reject requests to upload certain content to the Site.
DigitalRosh may create limits on the use of the Services including limitations on size and storage space available for Users to upload User Content.
As a viewer of the User Content of others, you agree that if you find that any User Content is offensive, harmful, inaccurate, misleading, or was posted in violation of these Terms, you will stop viewing such User Content and promptly contact the User who shared its User Content with you.
When you upload, post, publish or make available any User Content on the Site, you grant to DigitalRosh 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, make available to the public and perform that User Content, in connection with the Site and/or Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future. DigitalRosh shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.
DigitalRosh TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOADED, POSTED, PUBLISHED, AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS DigitalRosh LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE SITE AND/OR SERVICES.
12. Notice and Takedown
DigitalRosh respects the intellectual property rights and the privacy of others. If you believe that your work has been copied in a way that constitutes copyright infringement, and/or that certain User Content includes offensive content, including content that violates your privacy, is inappropriate, is defamatory, and/or contains pornography, you may contact DigitalRosh with a request to remove such content via the email address email@example.com. please detail your claim and attach appropriate references as well as your contact details, including e-mail, full name, and other details. If such content is found to be infringing and/or, it will be removed as soon as possible. For the avoidance of doubt, since DigitalRosh does not monitor User Content, DigitalRosh cannot identify any infringing content.DigitalRosh will not be responsible for infringing content as stated herein.
DigitalRosh has the sole discretion to restrict and/or terminate Users’ access to the Site and/or Services if such users are deemed to be repeat infringers of third party’s copyright works or acted inappropriately as specified above.
13. Linking to DigitalRosh’s 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 DigitalRosh and does not portray DigitalRosh 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 the Site, you represent that your site does not contain content that is unlawful, offensive, or infringes third-party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and enter non-DigitalRosh sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of DigitalRosh and DigitalRosh is not responsible for the availability of such external sites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, DigitalRosh is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of, and reliance upon any such sites, services, and content and your dealings with such third parties are at your sole risk and expense.
The Site’s and/or Services’ availability and functionality depend on various factors, such as communication networks. DigitalRosh does not warrant or guarantee that the Site and/or Services 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.
16. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND DigitalRosh, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “DigitalRosh‘S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN NOT CHANGE. DigitalRosh AND DigitalRosh’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR SERVICES. 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.
DigitalRosh DOES NOT GUARANTEE THAT (A) THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE USER CONTENT AND/OR THIRD PARTY CONTENT ARE AND WILL BE SAFE TO USE, ACCURATE, COMPLETE, WITHOUT INTERRUPTIONS, WITHOUT ERRORS, WITHOUT MISTAKES OR FREE OF ANY VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOFTWARE LIMITATIONS, (B) ALL ERRORS, MALFUNCTIONS OR DEFECTS IN THE SITE AND/OR SERVICES AND/OR CONTENT AND/OR USER CONTENT AND/OR THIRD PARTY CONTENT WILL BE CORRECTED, AND/OR DigitalRosh WILL CORRECT ANY ERROR OR DEFICIENCY IN THE SERVICES, AND/OR (C) ANY REPRESENTATION IS MADE REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE CONTENT AND/OR THE USER CONTENT AND/OR THIRD PARTY CONTENT (INCLUDING THAT THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS). DigitalRosh DOES NOT BEAR ANY RESPONSIBILITY AND LIABILITY WITH REGARD TO THE USE OF THE SERVICES AND/OR THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICES AND/OR THE SITE, AND IT IS NOT RESPONSIBLE AND WILL NOT BE RESPONSIBLE FOR ANY ERROR OR DEFECT IN RELATION TO THE CONTENT AND /OR TO THE USER CONTENT AND/OR THIRD PARTY CONTENT AND/OR ANY CONTENT WHATSOEVER.
DigitalRosh WILL NOT BE RESPONSIBLE FOR ANY RESULT ARISING FROM TECHNICAL FAILURES (INCLUDING BUT NOT LIMITED TO INTERNET CONNECTIVITY, LINE OR SERVER LOAD, DELAYS, AND RELATED INTERRUPTIONS) AND/OR ARISING FROM INTERNET AND TELECOMMUNICATION PROVIDERS. THE USER AGREES THAT THE USE OF THE SITE AND/OR SERVICES, BY ANY DIGITAL MEANS, ARE AT THE USER’S SOLE RESPONSIBILITY.
YOU MAY UPLOAD USER CONTENT TO THE SITE AS SPECIFIED IN SECTION 11. FOR THE AVOIDANCE OF DOUBT, THE SITE IS NOT INTENDED FOR RETAINING DATA AND/OR ANY CONTENT, AND DigitalRosh DOES NOT GUARANTEE THAT ANY USER CONTENT YOU UPLOAD WILL BE AVAILABLE TO YOU, WHETHER DURING YOUR USE OF THE SITE OR IN GENERAL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP, AT YOUR OWN EXPENSE, ANY CONTENT UPLOADED BY YOU TO THE SITE OR PROVIDED TO DigitalRosh. DigitalRosh WILL NOT BEAR ANY RESPONSIBILITY REGARDING THE LOSS OR LACK OF ACCESS TO SUCH CONTENT. FOR THE AVOIDANCE OF DOUBT, ALL USER CONTENT IS PROVIDED TO DigitalRosh BY USERS, AND THEREFORE DigitalRosh DOES NOT AND WILL NOT HAVE ANY RESPONSIBILITY FOR SUCH CONTENT, THEIR RELIABILITY, TRUSTWORTHINESS, ACCURACY AND/OR COMPLETENESS, AND YOUR RELIANCE ON SUCH CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY.
17. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL DigitalRosh, INCLUDING DigitalRosh’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, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, AND/OR ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH SUBSCRIBERS AND/OR USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE SERVICES, THE CONTENT (INCLUDING THIRD PARTY CONTENT AND USER CONTENT), YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES AND/OR THE CONTENT (INCLUDING THIRD PARTY CONTENT AND USER CONTENT) AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF DigitalRosh TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF DigitalRosh OR DigitalRosh’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER DigitalRosh OR DigitalRosh’S REPRESENTATIVES HAVE 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, DigitalRosh’S AND DigitalRosh’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 SERVICES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO DigitalRosh FOR USE OF THE SITE AND/OR SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR USD 30, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM DigitalRosh’S REPRESENTATIVES.
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 DigitalRosh, including DigitalRosh’s 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 Services and/or Content; (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, in connection with your use of the Site and/or Services; 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 Services. 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 indemnification by you without first obtaining our prior express written approval.
19. Social Media Features
20. Amendments to the Terms
DigitalRosh may, at its sole discretion, change the 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 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 our Site or sent via e-mail, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site 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.
21. Termination of these Terms and the Termination of the Site’s and Services operation
At any time, DigitalRosh may without notice discontinue your use of the Site and/or Services, at its sole discretion, in addition to any other remedies that may be available to DigitalRosh under any applicable law.
Additionally, DigitalRosh may at any time, at its sole discretion, cease the operation of the Site and/or the Services and/or the Content and/or Third Party Content and/or User Content, or any part thereof, temporarily or permanently, delete any information or Content from the Site and/or Services 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 DigitalRosh does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. 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, Disclaimers, and No Warranties, Limitation of Liability, Indemnification, and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and DigitalRosh relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and DigitalRosh, (b) any claim relating to the Site and/or Services and/or Content or the use thereof 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 Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, 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, DigitalRosh 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 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 SERVICES 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 these Terms without restriction or notification, (i) all correspondence related to these conditions will be in writing (by e-mail or regular mail) and in Hebrew or English, and (j) no amendment hereof will be binding unless in writing and signed by DigitalRosh.
23. For information, questions, or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail at: firstname.lastname@example.org.
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