Dear Surfer, we thank you for choosing to enter the eyefeelit Site, including all services offered on this Site ("the Services"), whether through computer or the cellular phone or any other media at present or in the future (each, "the Site").
These bylaws are worded in the masculine form, though refer to both genders. All provisions in these bylaws in the masculine form also refer to the feminine form and vice versa, and all provisions in the singular tense also refer to the plural tense and vice versa. No provision of these bylaws may be considered as derogating from another provision of the bylaws. Captions in these bylaws are for convenience only. In these bylaws, "surfer" – any person and/or corporation and/or entity that uses the Site, whether through computer or the cellular phone or any other manner. "inNout technologies Ltd" – the owner of the Site, including its parent companies, companies controlled thereby, subsidiaries and affiliated companies (as defined in the Securities Act, 5728-1968), and including their managers, employees, shareholder and their behalf.
2. Contact with the eyefeelit Site
Regarding any question or request pertaining to use of the Site, you may contact eyefeelit on the contact page for the sake of filing a complaint on surfer contents (as defined below). In your application, please specify the link to the exact location of the content regarding which you are complaining. Without such link, we will not be able to treat your application. Your application is important to us. All applications and complaints are received by the eyefeelit system. Nevertheless, since we wish to provide the maximal attention to your application to examine it deeply, treatment thereof will sometimes consume some time. Sometimes, your applications are in contrast to rights of other surfers, and thus we must examine the matter with them as well. In your application, please specify your full name and your contact details for the sake of enquiries, if required.
3. The Significance of These Bylaws
eyefeelit reserves the right to update and/or delete provisions of these bylaws, from time to time, according to its exclusive discretion and without submitting nay notice in advance, and these new terms will bind you upon publication thereof.
4. The Relations between These Bylaws and Other Documents
In any case of contradiction between these bylaws and any other publication, these bylaws will prevail and will bind the surfer in the relations thereof with eyefeelit, unless the eyefeelit site explicitly sets forth in any specific bylaws that its provisions prevail over these bylaws.
Nevertheless, in case of contradiction between these bylaws and another provision, these bylaws will prevail.
Also, regarding services per Clause 13 below, these bylaws are meant to replace any bylaws you approved in the past and these bylaws will prevail.
5. Who is allowed to Use the Site?
Any surfer is invited to use the Site, as long as he accepts the terms of these bylaws. Nevertheless, eyefeelit is entitled to prevent participation of any surfer (through all means at its disposal) in any or all of the Services, for a limited or indefinite period, according to its exclusive discretion and for any reason. Even though we will usually exercise this right (according to our discretion, as aforesaid) only in special cases, such as cases in which there is concern you violated the provisions of these bylaws (or any other bylaws on the Site) or the law, or in case you undermine or attempt to undermine the proper administration of the Site or any third party, we will be entitled to do so if, according to our exclusive discretion, it would be proper to do so and we will not be obligated to explain or reason our decision on the matter.
A surfer the participation of whom is prevented will not be entitled to participate again through another username during the limitation period.
6. Commercial Use of the Site
Most services offered on the Site are free services. However, it is clear that eyefeelit makes commercial use of the Site and enjoys revenues from the same (such as through placement of ads on the Site and on the player embedded in external websites, including in proximity to surfer contents), since eyefeelit is a commercial body and in order so that we may continue and operate the Site for your benefit.When you use eyefeelit’s widget or 3D content on your site, it includes code that enables us to track user activity on your site and use that data as part of our dashboard and other services. By installing our widget or content on your site, you are consenting to our collection of that data and our use of it in our products and services.
Thus, you are entitled to use the Site subject to the provisions of these bylaws and the law. Unless otherwise specified, if you wish to use the Site otherwise, including (without limitation) placement of ads, please apply to the eyefeelit Site staff. Any person that receives explicit permission from such staff, and only such person, is entitled to place ads and commercial information on the Site and on the player embedded in external websites.
Also, please accept the commercial nature of the Site. We always attempt to balance between the commercial needs of the Site and your convenience of use. Sometimes, an ad you do not like may appear, but recall that ads (among other things) allow you to enjoy the Site free of charge.
7. Registration to the Site, Username and Password
At this stage, use of the Site does not involve payment to eyefeelit unless we explicitly specify otherwise and receive your explicit consent to payment, the rate and terms of which may change from time to time and that will be specified upon registration to the Service.
The Service will be provided only upon your explicit request to receive the same and following specification of the relevant payment terms. Some of the Services and/or applications on the Site require registration, as part of which you will be required to submit personal information, such as contact details, and/or will be subject to additional terms not specified in these bylaws. You are not obligated to submit these details and submission of the details to the Site is performed at your initiative and consent. Please note that you cannot register for a Service if you do not submit certain details required for the sake of registration to the Site. The details you submit upon registration to Services on the Site will be saved on eyefeelit's databases.
The important of the correctness of details – please note that in certain cases, per our discretion, we will be entitled to suspend a surfer from a Site or forbid him from using the Site or part of its Services, if it turns out that the details he submitted are incorrect.
Also, it is greatly important that you feed your correct contact details and update us regarding any change of the same. These details will allow us to maintain contact with you for the sake of updates regarding innovations at eyefeelit or enquiries on content you uploaded.
Username and password – upon your registration to the Site, you will be required to select a username that will serve you for any action you wish to perform on the Site, as well as a password that matches the username.
You are requested to keep the password you selected confidential and not disclose or submit the same to any other person.
Also, please keep in mind that upon selection of the username, there will be no possibility to change or delete the same (and it will also be impossible to delete all contents of such username on the Site, due to the concern of damage to contents of other surfers and proper operation of the Services offered on the Site). Thus, if you are interested in maintain anonymity, keep your username and contact details confidential as well.
Upon your following entries to the Site from the same computer through which you registered the system will automatically identify you. Thus, if there are additional users for the computer, please ensure proper exit following every use of the Site, through the 'exit' icon.
8. Property of eyefeelit
All rights, including intellectual property rights, in the Site and Services are held by eyefeelit or third parties that provided eyefeelit with permission to use the same as part of the Site and Services as aforesaid.
Without derogating from the aforesaid, eyefeelit is the exclusive owner of the Site's databases, the Site's trade names and marks, the Site's patents and models, whether or not registered, trade secrets that are involved in operation of the Site and provision of the services, design of the Site, the technological information involved in its operation, including (without limitation) programs, applications, graphic and other files, computer codes, texts and/or any other material included therein – excluding surfer contents as defined below (hereinafter in this paragraph – "the Information"). The information and/or any part thereof may not be copied, duplicated, form the basis for derivatives or submitted to third parties. All or any of the Information may not be changed or sold.
Nevertheless, eyefeelit will not be liable towards you if a claim or determination of compromise or infringement of intellectual property rights in connection to the right of using the Site that is provided to you is raised.
9. Surfer Contents
Any content that a surfer uploaded and/or will upload (including through any Service offered on the Site), including (among other things) words, pictures, videos, audio contents, software, integration of video and audio contents, design, personal webpage (as defined below) or any other material ("surfer contents" or "content uploaded by surfer", etc.) is under the exclusive title and responsibility of the surfer that uploaded the same.
Any right (if any) in the surfer contents (including intellectual property rights of any kind) belong to the surfer that uploaded the content to the Site (per his declaration in these bylaws). For the sake of using surfer contents, permission of the surfer must be received. Without his approval, such use constitutes, among other things, a violation of the Copyright Act, 5768-2008 ("Copyright Act").
Nevertheless, when you upload contents to the Site, you are providing consent that as long as the Site is active, use will be made of the surfer contents, as specified below, without such use entitling you to payment, and such use will not constitute violation of these bylaws and/or violation of the Copyright Act or any other law.
Which uses may eyefeelit make of surfer contents once uploaded to the Site?
eyefeelit is entitled to make any use of surfer contents as described in these bylaws, including the following uses:
eyefeelit is entitled to present the surfer contents on the Site and sites with which it cooperates, such as forums of trade sites and any other site with which eyefeelit maintain working relations.
Please note that viewing of the contents presented on the Site, including surfer contents, and access thereto, is possible through the cellular phone and various sources on the Internet (by the very nature of the Internet and according to conventions in the field) or through any other media or means that enable access to the Site. eyefeelit is entitled to perform any technical activity in the contents that is required for realization of the Site purposes, operation of the Site, presentation of contents on the Site and realization of the authorizations specified in this clause (including by recording, copying, storage, advertising (place ads) in the various content in the site and external websites which use the player, conversion and broadcast).
eyefeelit is entitled to use surfer contents for public relations.
Also, eyefeelit is entitled to make additional uses of surfer contents per its discretion, to the extent the same are reasonable or acceptable in the field of surfer contents on the Internet.
10. Responsibility for Surfer Contents
You are entitled to upload any content to the Site, provided it meets the conditions of these bylaws. Further on in these bylaws, we will specify different kinds of contents and expressions you are not entitled to publicize on the Site. The list is not exhaustive and from time to time contents and expressions that eyefeelit is of the opinion should be barred from publication on the Site will be added thereto. This list ought to be considered as including contents and expressions forbidden by law, even if not explicitly specified in these bylaws. Keep in mind that you are not entitled to upload any content that does not meet requirements of the law and/or the bylaws and/or compromises any third party's right.
As said in these bylaws, eyefeelit is entitled to remove your contents from the Site or block your participation therein. Your responsibility for the contents you upload to the Site will apply whether or not eyefeelit exercised its right.
When you upload contents to the Site, you are declaring you are the owner of all relevant rights therein for the sake of fulfilling the provisions of these bylaws and that you are not violating any law or causing damage to a third party by uploading or publicizing the same.
If you infringe rights or law of any kind or if you breach any provision of these bylaws, you are empowering eyefeelit to remove any liability from itself and submit any claim on the matter to you.
You are undertaking to compensate and indemnify eyefeelit and/or any person on its behalf for any damage, loss or expense, of any kind and type (including legal expenses) incurred or that will be incurred by eyefeelit, which are related (directly or indirectly) to contents you uploaded or publicized on the Site and/or in connection to your violation of these bylaws or the law or damage caused to any third party, immediately upon the first demand by eyefeelit, in addition to any right available to eyefeelit by law.
11. Deletion of Surfer Contents
eyefeelit is entitled (though not obligated) to remove, delete or forbid the publication of contents on the Site, according to its exclusive discretion. eyefeelit will not be obligated to update the surfer prior to removal or deletion of the contents and will not be obligated to provide an explanation for removal of the contents.
Without derogating from the aforesaid, if we learn of information on content uploaded to the Site by a surfer that constitutes violation of any law, causes damage to a third party or violates these bylaws, eyefeelit will be entitled to remove or delete the content or block viewing thereof, according to its exclusive discretion.
Keep this clause in mind when uploading contents to the Site, and if the content is dear to you, please retain a copy thereof.
12. Limitation of Liability of eyefeelit and/or Its Behalf
Services provided on the Site are free of charge (at this stage) and are provided for your benefit. However, use of the Site, including all its Services, is provided "as is" and is under your exclusive responsibility. When making use of the Site (including surfing on the Site, operation of Services, storage and any other activity), you are waiving any claim, argument and demand against eyefeelit or any of its vendors or persons on its behalf. Particularly, you are exempting and releasing eyefeelit and/or any person on its behalf, absolutely and irrevocably, from any liability for any damage (direct or indirect), loss (including loss of profit) or expense of any kind, punitive damages, damages for loss of use, loss of data ("compensation") that were caused or will be caused to you or a third party and that are related, directly or indirectly, to surfer contents uploaded or appearing on the Site (including contents you uploaded to the Site) or Services on the Site. Also, you are exempting eyefeelit and/or any person on its behalf from liability for any compensation due to delay in use or inability to use the Site or due to supply of Services or due to any information, program, product, service and auxiliary graphics obtained through the Site or otherwise deriving from use of the Site, whether based on agreement or in tort, whether according to absolute liability or any other cause, even if eyefeelit or any person on its behalf learned of the possibility of any damage that may be incurred. Absence of liability of eyefeelit and/or any person on its behalf will apply even if it operated and/or could have operated any supervision, and even if it learned of the possibility of any damage that may be incurred by a surfer or third party, regarding the Site, use thereof, inability to use the same, cancellation of the Services, limitation or termination thereof. Absence of liability of eyefeelit and/or any person on its behalf will apply even if eyefeelit attempts, out of good will and beyond the letter of the law, to assist in solution of a problem or respond to an application by a surfer. Such assistance will not be interpreted as imposing any liability on eyefeelit and/or any person on its behalf.
13. Absence of Responsibility of eyefeelit and/or Its Behalf for Information
Information publicized on the Site (including any content, advertisement, services, products, links, opinions and positions) is not under the responsibility of eyefeelit and/or any person on its behalf, and use and reliance thereupon are under your responsibility only. If any professional information is publicized on the Site, and if consultation provided by professionals (including those purporting to be professionals) in various fields in publicized on the Site, such information is not on behalf of eyefeelit and/or any person on its behalf (even if eyefeelit invited such professionals to visit or use the Site), does not constitute recommendation or competent opinion, and does not replace the need to consult a professional if required. Surfers must be especially cautious as to such publications. eyefeelit and/or any person on its behalf is not responsible for the correctness of the information or any damage, direct or indirect, incurred by you or your property as a result of use or reliance upon information and contents that appear on the Site or implementation thereof.
14. Absence of Responsibility of eyefeelit for Advertisement Information
Any advertisement material updated/uploaded to the Site or external websites which use eyefeelit player, is at the responsibility of the advertiser only, even if eyefeelit's permission for publication was received. eyefeelit is not responsible for the content or credibility of any advertisement material that appears on the Site and publication of the Site may not be considered as endorsement or recommendation by eyefeelit to purchase services or products that are advertised. eyefeelit reserves the right to delete an advertisement according to its discretion if it finds the same to be offensive (without any liability being imposed thereupon) or for any other reason, without eyefeelit being required to provide any explanation or reason.
15. Absence of Responsibility of eyefeelit for Links to Other Websites
eyefeelit does not undertake that all links on the Site are correct and lead to an active website. The existence of a certain link on the Sites does not indicate that the content of the linked Site and/or the site itself does not violate any rights and/or obligations, is reliable, complete or updated, and eyefeelit will not incur liability in this respect. Also, eyefeelit does not control, does not supervise and is not responsible for privacy protection activity and policy of any third party, including other websites with links on the Site (including the Service).
16. Absence of Responsibility of eyefeelit for Services
eyefeelit is not responsible for availability of Services on the Site or their compatibility with the needs of the surfer, and does not undertake that the Services will not be disrupted, will be provided without interruptions, will be provided safely and without errors, and will be immune from unauthorized access to eyefeelit computers or from damages, flaws, malfunctions or defects in software, hardware, communication lines and systems at eyefeelit or any of its vendors or its behalf.
Also, provision of the Services by eyefeelit depends, among other things, on third parties, and eyefeelit is not responsible for any action or default by third parties and will not be responsible for any damage, loss or expense incurred by any surfer or third party as a result or in connection with any such action or default.
eyefeelit does not undertake that it is immune from unauthorized access to its computers and servers, and will have no liability for such access.
Thus, if the contents you are uploading are dear to your heart, please ensure proper back-up.
17. Absence of Responsibility of eyefeelit for Surfer Contents
The surfer is exclusively responsible for the surfer contents that he uploads or publicizes on the Site. eyefeelit is not responsible for the content, format, credibility, reliability and precision of surfer contents, and is not responsible for compromise or violation of third parties rights or violation of the law in connection with surfer contents or any use of the Site by surfers.
As all contents that appear on the Internet, surfer contents are also exposed to viewing and use by any other user on the Internet, and eyefeelit is not responsible for their security, for any damage, loss or expense incurred by the surfer or any third party as a result of the same.
eyefeelit is not responsible for the responses raised by the surfer contents or any use made by others of the surfer contents (such as infringement of intellectual property rights). Please remember this when you publicize content that may offend another person.
18. Absence of Responsibility of eyefeelit for Engagement of the Surfer with Third Parties
If the surfer engages with a third party, all engagement terms will be agreed upon directly between the surfer and the third party and eyefeelit will not be a party to the engagement.
eyefeelit is not responsible and will not bear any responsibility for damages or other claims of the surfer as a result of such engagements.
19. Protection of Privacy
Surfing on the eyefeelit Site and use of Services included therein constitutes consent on your behalf that eyefeelit perform computerized supervision over the surfing patterns and use you make of Services through "cookies" and similar means.
eyefeelit is entitled to use any information, including personal information, regarding you, which you submitted or will submit in any manner, including through registration to the Site Services, through email notices sent to eyefeelit directly or through the "Contact" option and through information gathered in the past and/or to be gathered during surfing. "Personal information" means any identifying information, such as name, phone number, address, email address and any other information having an identifying nature.
You agree that eyefeelit and/or any person on its behalf will use the information provided by you, including personal information, in order to, among other things, provide you with information, services and details you requested and will be entitled to send you, from time to time, through email (according to the address you submitted) and/or through the personal messages system on the Site, information brochures, updates, invitations and/or updates regarding events, links, notices, ads, material, marketing / advertisement information and any other information we believe may interest you by virtue of use of the Site and/or Services thereof. If you do not wish to continue receiving such information, you may cancel your consent and cease receiving the commercial information by turning to eyefeelit at: http://www.eyefeelit.co.il.
Also, the information gathered will serve for the sake of control, supervision, development and preservation of the quality of the Services, their level and regularity, and for the sake of fulfillment of law, and for the sakes of eyefeelit, including service and surveys, sectorial advertisement, statistical analysis and improvement of the Service and the Site design.
You are entitled to request to review and/or correct the information gathered on you by entry into the appropriate menu in the Services. eyefeelit ensures fulfillment of the law, including the Protection Privacy Act, and it will protect your privacy and refrain from divulging to any unauthorized person any records or documents in which your name, address or any other private information regarding you are registered, as well as any information pertaining to the use you make of the Site, excluding public details and data that you yourself publicize. Also, eyefeelit will not publicize personal messages you send, records not intended for publication, etc.
Nevertheless, you are hereby providing your consent for eyefeelit to expose and/or submit your details and any information, regarding your personal information, pursuant to an order by court or other competent instance, or as part of legal proceedings between you and eyefeelit, or in case you violate a provision set forth in these bylaws, or in case eyefeelit, according to its exclusive discretion, is of the opinion that the same is necessary for prevention of severe personal or property damage thereto or to any other person, or in case of all the merger of all or part eyefeelit's activity with any third party and/or transfer of all or part of eyefeelit's activity to a third party and/or an entity to which it assigns the rights provided thereto pursuant to all or any of these bylaws and/or a third party that provides the same with services regarding the site and/or any of the services embodied therein.
20. Disconnection, Cessation and Changes
eyefeelit is entitled to remove specific or non-specific contents or Services or impose limitations (such as storage limitation) thereupon, according to its absolute discretion, for a certain surfer/website or all surfers/websites, without being required to submit notice of the same to surfers/ websites, and in this respect to block, disconnect, limit and cease Services for any reason. When you use the Site, you are waiving any claim regarding reliance on Services we provide.
In addition, eyefeelit may change, from time to time, the structure of the Site, its appearance, the Services offered therein, their scope and availability and any other aspect related thereto, without being required to notify the surfers/ websites. Though we usually strive to consult with surfers regarding changes performed in the Site, you will have no claim, demand or argument towards eyefeelit for performance of such changes or malfunctions that occur due to performance thereof.
21. Cessation and Changes
eyefeelit is entitled to place ads on the player within eyefeelit site or external websites, remove or block specific or non-specific contents outside the site or within eyefeelit site or Services or impose limitations thereupon, according to its absolute discretion without being required to notify the surfers/ websites which use eyefeelit services. Though we usually strive to consult with surfers regarding changes performed in the Site, you will have no claim, demand or argument towards eyefeelit for performance of such changes or malfunctions that occur due to performance thereof.
22. Back-Up of Contents
eyefeelit employs reasonable means of caution in order to save and protect the contents you upload, to prevent unauthorized access thereto and to prevent damage of any kind, including deletion.
However, eyefeelit recommends that you back-up the contents you upload and keep a copy thereof.
In case of damage to your contents (including deletion thereof by eyefeelit), no liability will be imposed on eyefeelit and you will not be entitled to any compensation for the contents that were deleted or for any other related damage.
23. Assignment of Rights
eyefeelit is entitled to assign and/or transfer these bylaws and/or its rights and/or obligations according to these bylaws, entirely or partially, including by provision of licenses or sub-licenses, to third parties.
24. Declarations and Warranties of the Surfers
When making use of the Site, please do so according to these bylaws and the law. Please avoid offending other surfers and third parties that are not expected to use the Site. Also, please comply with operation instructions and guidelines we submit to you from time to time.
Without derogating from any other provision of these bylaws, you declare and warrant towards us as follows (the clauses below do not derogate one from the other):
Not to upload content that is defamatory;
Not to upload contents that may constitute a cause of action or content that may cause damage to any third party;
Not to upload content that may infringe intellectual property rights of a third party, including copyrights, performers rights, trademarks, trade names, models, patents, etc.;
Not to upload content that may violate third party rights, including divulgement of trade secrets, breach of contractual rights, breach of fiduciary duty, commercial wrongs, etc.;
Not to upload content that is illegal or that constitutes (or may constitute) violation of any law or material that endorses, supports, assists, provides performance instructions or guidelines for performance of an act that constitutes a criminal offense according to Israeli law;
Not to disturb or attempt to disturb the proper operation of the Site;
Not to upload content having blatant, obscene, raw or improper nature;
Not to upload content having an intimidating nature;
Not to upload pornographic content, content that constitutes obscenity or content having sexually explicit nature;
Not to upload content that may offend feelings of the public or that is insulting;
Not to upload content that violates or penetrates privacy or material that compromises individual privacy in any other manner;
Not to disguise as another person, another surfer or any person on behalf of eyefeelit;
Not to inundate the Site or any part or Service therein with sham or repetitive messages, in a manner that may compromise the Site or use thereof;
Not to take any artificial action in order to promote your contents on the Site, etc.
Not to prepare or publicize any commercial advertisement, surveys or competitions, unless at the designated places, if any, and subject to the other provisions of these bylaws;
Not to use the Site Services for performance of an action or activity that is forbidden by law;
Not to penetrate material or computer files unlawfully or transfer to other computers any software, computer code or application that includes a virus, including hostile programs known as Trojan Horse, worms and vandals, malicious applications, etc., and not to perform any other action in contravention of the Computers Act, 5755-1995;
Not to publicize, offer to sell or offer to transfer goods or services for commercial purposes or in contrast to law;
Not to include any material that may mislead a consumer per the Consumer Protection Act, 5741-1981;
Not to upload content that is false, misleading or reliance upon which may cause direct or indirect damage to any third party;
Not to refer to any link or provide any other reference to material the publication of which is forbidden according to this document;
To maintain as confidential and not to transfer your password (including username and entry password).
25. Applicable Law and Jurisdiction
The laws of the State of Israel will apply to these bylaws and all that derives or that is involved therewith. These bylaws will be interpreted according to the same, and any dispute or legal question in connection thereto will be submit to the competent instance at the Tel Aviv Yaffo District only.