Last Revised: June, 2018
BallerCap (“we”, or “our”) welcomes you (the “User(s)”, or “you”) to our website at [www.ballercap.com] (the “Website”). Each of the Website’s Users may use the Website in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
2. The Website & Use Restrictions
Our Website provides you with content (including text, logos, images, video, related graphics and other features).There are certain conducts which are strictly prohibited on the Website. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may, at our sole discretion, result herein in the termination of your access to the Website and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, scrape, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Website and any other information, documents, material and data available on the Website (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without our prior written consent; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (iii) create a browser or border environment around the Website and/or Content, link, including in-line linking, to elements on the Website, such as images, posters and videos, and/or frame or mirror any part of the Website, unless as expressly permitted hereunder; (iv) transmit, distribute, display or otherwise make available through or in connection with the Website any content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (v) transmit or otherwise make available in connection with the Website, and/or use the Website to distribute and/or otherwise transmit 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; (vi) interfere with or disrupt the operation of the Website, or the servers or networks that host the Website or make the Website available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; and (vii) use the Content and/or the Website for any illegal, immoral or unauthorized purpose.
In the event that you provide us with any suggestions, comments or other feedback relating to Website (collectively, “Feedback”), such Feedback is deemed as our sole and exclusive property and you hereby irrevocably assign to us all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform us as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.
5. Intellectual Property Rights
The Content, including without limitation “[BallerCap]” and all logos and other proprietary identifiers used by us in connection with the Website and any emulations, copies, enhancements, modifications, or derivative works made therefrom and all intellectual property rights in any of the foregoing, as between the parties, are the property of us. No right, license, or interest in the aforementioned is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Content or our trademarks.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating our or our licensor’s proprietary rights, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Website, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of our marks and logos, whether registered or not.
6. Third Party Components
The Website may use or include third-party software, files, and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Website is subject to any applicable acknowledgments and license terms accompanying such Third Party Components, contained therein or related thereto. The Website may contain links to third-party websites or application (“Third Party Sites”), we are not responsible or liable for such Third Party Sites and you hereby agree that you enter such Third Party Sites at your own risk.
We do not warrant or guarantee that the Website will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
8. Changes to The Website
We reserve the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Website (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Website may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Website (or any part thereof).
9. Disclaimer and Warranties
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE WEBSITE (OR ANY PART THEREOF).WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE WEBSITE, WHETHER OR NOT WE HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.THE WEBSITE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES.US AND OUR AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “OUR AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE WEBSITE.WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WE MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE WEBSITE, USE OR INABILITY TO USE THE WEBSITE, FAILURE OF THE WEBSITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF US TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF US BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SITES.
12. Amendments to the Terms
We may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of these Terms on the homepage of the Website and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the contact form. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Website or use of this Website will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without our prior express written consent. 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. These Terms are the entire terms and conditions between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us. Notices to you may be made via email or regular mail. This Website may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. For information, questions or notification of errors, or If you have any questions (or comments) concerning the Terms or the Website, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: [email@example.com].