The website www.moodify.pet (the “Website”), is the sole property of Moodify Ltd., an Israeli company number 515-66273-2 (collectively and individually “Moodify”, “Company”, “we,” “us,” or “our”).
The use of the Website is subject to these terms of use and to the Privacy Policy of Moodify. Accessing and/or using this Website and any of its contents, as updated from time to time, indicates that you have read and understood our Terms of Use and our Privacy Policy, which constitutes an integral part, and, that you have acknowledged and confirm that you have read and understood them (the “Terms of Use” or these “Terms”). If you do not agree to the Terms of Use, please do not use this Website.
The Terms of Use will apply to any use made by you, the user of the Website, and forms a legally binding contract between you or anyone using the Website on your behalf and the Company. Without derogating from the foregoing, any use of the Website is subject to the Terms of Use and any and all applicable laws, rules and regulations in the country in which the Website is being used. The responsibility to read, understand and comply with such applicable law is at your full responsibility as a user.
1. The Services
Moodify is engaged in developing unique active scents that improve performance and enhance well-being. The Website is a platform through which our customers can purchase certain services and\or can leave contact information for the possibility of future engagement with Moodify for providing certain services (collectively the “User Content”).
2. Website Entry; Registration
2.1. In order to use the services of the Website, you will be required to register in one of the following two ways: (1) registering for the Service using your personal Facebook account/Google account/email address, which shall constitutes registration under these Terms of Use, and if so, you are authorizing Company to make use of all contents included in your personal profile, including personal information, photos, friend lists, personal preferences, or alternatively, by (2) provide identifying information such as your mobile phone number, valid email address, full name and credit card number. Your identifying information must be accessible and such that will allow us to contact you directly. You are fully responsible for keeping your password safe and undertake to notify us immediately of any unauthorized use of your password and/or any other breach of confidentiality. You undertake to provide us with correct, true, and accurate information upon registration.
2.2. The information you provide when you register for the Website will be stored in the database of the Website. The Company’s use of the information about you will be governed by the Company’s Privacy Policy.
2.3. The Company reserves the right to take any action as it deems appropriate and in its sole discretion to ensure the security of the Website, including without limitation, requesting further details.
3. Using the Website; Restrictions
3.1. By using the Website you represent and warrant that the use you make of the Website will be in accordance with the provisions of any applicable law and is for lawful purposes that comply with the Terms of Use and the provisions of any applicable law, and will prevent any commercial use, including the collection of fees for services offered on the Website, or any other use of the Website which is not personal, or which may adversely affect the Company or any third party as determined by the sole discretion of the Company. The use of and/or access to the Website by you is and shall remain solely your responsibility.
3.2. By using the Website, you may not use in any manner that: (1) that violates or encourages the violation of any provision of law or of rights of any kind of any person or entity, including breaches any of the Terms of Use; (2) that is pornographic and/or sexually explicit, abusive, harassing, obscene, threatening, racist, defamatory, inciting, threatening, insulting, encouraging the commission of offenses of any kind, violating the privacy or dignity of a person, or the feelings of the public; (3) that is incorrect/misleading/false; (4) that harms/infringes the property rights of others, including intellectual property, among others uploading content that does not belong to the violator, or remove, or disconnect from the content any warranties, copyrights, trademarks or other proprietary notices contained in such materials (such as ©, ™ or ®); (5) that is SPAM/junk mail of any kind; (6) any hostile computer code or application, including viruses, spyware, trojans, worms, etc. (including, for example, any type of Data Mining and/or Data Crawling); (7) that has to do with minors and identifies them, their personal details or their address, and ways to contact them; (8) passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services that require registration or payment, without such payment or registration; any information and/or content whose publication is prohibited by any law; (9) any information contrary to the generally accepted use of the Internet, or that may cause damage or harm to Internet users in general, and to users of the Website in particular; (10) access to which has been blocked by means of a password, etc., and is not freely accessible to all Internet users; (11) that is of a commercial nature or that contains any advertising information.
3.3. Subject to the provisions of any applicable law, the Company may, in its sole discretion, at any time, in any way and for any reason, prevent your access to the Website without notice and without obligation to provide a reason or explanation, for a limited or unlimited period. You acknowledge that the Company will not be liable to you or to any third party for preventing your access to the Website. Preventing your access to the Website will not affect the Terms of Use for the period that you used the Website and any content you submitted during that period.
3.4. If your access to the Website for any reason is prevented, you will not be able to re-use the Website without contacting the Company with a request to allow you to re-access the Website. It is hereby clarified that, during the blocking period (as may be), you will not be allowed to re-register on the Website under other user information. Please note that for registering to the Website while impersonating another user, you may undergo a criminal offense prohibited by law.
3.5. The Company reserves the right to take any action as it deems appropriate and in its sole discretion, to ensure the security of the Website, including without limitation, requesting further details.
4. Intellectual Property
4.1. The Website contains content originating in the Company and/or from third parties that have granted the Company the right to use it, including its publication on the Website. The content is the sole property of the Company (or such third party) and must not be copied, transmitted, and/or published in any form whatsoever and/or make any commercial and/or non-personal use that is not consistent with the Website’s purposes and these Terms of Use without the Company’s prior written consent.
4.2. All the intellectual property rights evidenced by, and/or contained, and/or related to the Website, including, without limitation, any related content that may be created in connection with the use of or registration to the Website and/or the use of the information referred to in section 2.1 above and the statistical information (as defined in the Privacy Policy) shall be owned by us absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same, shall all be the sole property of the Company (or the Company has been granted the right to use it and/or publish it on the Website), and may not use it without the Company’s prior written consent. Without derogating from the foregoing, the information and services provided by the Company through the Website should not be regarded as granting any license or right of any kind to the Company’s intellectual property (or of third parties.
4.3. You may not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the content, in whole or in part, including commercial use, is prohibited without the express wrote consent of the Company. For the avoidance of doubt, it shall be clarified that the copyright in the idea underlying the Website, its design, its trademarks, and any other action in the Website that is unique and exclusive to the Company, is reserved for the Company.
5. No Warranty
5.1. All content available on or through the Website is provided on an “as is” basis, with all faults, and Moodify and any related entities, do not make and fully disclaim any representations or warranties of any kind whatsoever regarding the Website and/or its content, orally or in writing, express or implied, whether implied by the law or otherwise derived from it, procedure or practice, to the maximum extent permitted by law, including any representation that use of the Website will be interference or error-free, or with regard to the merchantability, fitness for a particular purpose, reliability, or accuracy of the content, non-infringement or any other violation. Moodify is not and will not be liable for any use of the Website or its content or for reliance on them, and bears no liability for the content, its correctness and/or for any use that is made of it.
5.2. The content is general in nature, it is not a substitute for a professional consultation of any type, and users should not rely on advice received through the Website for the purpose of making any decision in any area. Moodify is entitled to make changes or updates to the content or to portions of it, at any time and without prior notice. The content may be out of date, and Moodify does not undertake to update it at all or with any frequency, and it should not be relied upon as being up to date. The images on the Website are for illustrative purposes only and are not binding in any manner. Any reliance on the content and/or the advice you receive through the site shall be at your full and sole responsibility, and you will bear full responsibility for your use of the Website and/or its contents, and for the outcome of such use.
6. User Content
User Content submitted to the Website is not under the control of the Company and therefore the Company will not be held liable for them, including with regard to their content, reliability, accuracy, and to any harm, inconvenience, loss or distress caused to you, directly or indirectly, as a result of the use of the User Content.
7. Changes
7.1. Changes to these Terms of Use
Subject to the provisions of applicable law, we may, in our sole discretion and without prior notice, revise and update the Terms of Use at any time. In an event in which material modifications are made, we shall provide notice of such changes by posting or distributing a notice of such revisions, which shall be effective immediately upon its posting on the home page of the Website. Your continued use of the Website after the amended Terms of Use have entered into effect will constitute your acceptance of them. If any future changes to the Terms of Use are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Website
7.2. Changes to the Website
The Company may, in its sole discretion, at any time, in any way and for any reason, alter or delete the Website (in whole or in part) and/or impose certain fees for access to all or any part of the Website (all with or without notice); In addition, the Company may, in its sole discretion, at any time, in any way and for any reason, prevent access to the Website (in whole or in part) and/or allow access to certain areas of the Website to subscribers only. The Company shall not be liable to you and/or to any third party for any such modification or removal (in whole or in part) of the Website. To the extent that you oppose to any changes made by the Company or its right to make such changes, you are requested to refrain from making any use of the Website. Your continued use of the Website after such changes entered into effect will constitute your acceptance of them.
8. Limited Liability
8.1. Moodify, its managers, directors, officers, employees, shareholders, suppliers, agents, representatives, other third parties and/or the heirs of the above and/or those replacing them, are hereby fully, completely, and unconditionally exempt from any and all obligation and are not responsible for any part of the content on the Website, including but not limited to third-party content, software, products, or any other part used in connection with the Website or contained therein, is complete, accurate, updated, timely, secure, interruption or error-free, or that defects will be corrected, or for any decision you make based on anything contained or accessible through the Website.
8.2. You bear sole responsibility for any damages and claims in this respect, and you can immediately stop using the Website, its content and/or the products and services provided through the Website. Notwithstanding anything said anywhere else, there is no responsibility toward you and/or toward any third party in connection with the Website and/or its content and/or services and/or products provided in connection with the Website, for any special, incidental, indirect, consequential and/or economic damages whatsoever, including but not limited to loss of income, documents, files, profit, goodwill, data and/or computer time, recovery of programs and/or purchase of alternative goods or services, the costs of downtime and/or third party claims, etc., even if informed of the possibility of such damages. Notwithstanding anything to the contrary, discontinuing using the Website or its content is your sole remedy.
8.3. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, this shall not affect the remaining provisions.
8.4. The Website may contain links to other Website, materials, and services that are not under our control, which provided solely as a convenience to you, do not imply any endorsement by us and we are not responsible for the content or functionality of any of such third-party materials.
9. Indemnification
To the maximum extent permitted by any applicable law, you agree to indemnify, defend and hold, Moodify and its affiliates, and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to your breach of these Terms of Use or any other use by you of the Website on violation of any applicable law.
10. Governing Law
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that the exclusive jurisdiction for any claim or dispute with Moodify or relating in any way to your use of the Website resides solely in the competent courts in the city of Tel Aviv-Jaffa district, Israel.
11. Minors
This Website and/or service of the Company are not intended for use by minors. In the event that it is brought to our attention that a person under the age of eighteen (18) years makes use of our Website and/or Services, we reserve the right to prevent his access to the Website.
12. Miscellaneous
We are entitled to assign our rights under these Terms of Use to any third party it deems fit, without any duty on the part of the Company to make public any such assignment.
