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Welcome to the FAMCORNER service (the “Service”) offered by FAMCORNER LTD (the “Company”), offered through this website (the “Website”) as a interactive service for connecting geographically remote family members – parents and children, grandparents and grandchildren – through real-time online synchronic interactive activities | | | | 1. Acceptance of Terms | | | By accessing this Website or using the Service, whether as a registered or unregistered user, you agree to be bound by and comply with the following Terms of Use including the Privacy Policy (the "Terms of Use'). Please read the Terms of Use carefully. If you do not agree with these Terms of Use, you are not permitted to use this Website or the Service in any way and must cease accessing the Website and the Service immediately. The Terms of Use govern your use of the Website and of the Service made in any way whatsoever and constitute a binding agreement between you and the Company. You confirm that you have read, understood and agreed to the Terms of Use.
The Company reserves the right, at its own discretion, to update and modify these Terms of Use at any time without prior notice, and by using this Website or the Service after such changes you agree to be bound by and comply with such modifications. Changes shall be posted on the Company's website. You acknowledge and agree that the Company may, from time to time, change the tariff for its services, and you are aware and agree that at any renewal of your subscription you are required to effectuate the respective payment according to the tariff in force at the time of the renewal. | | | | 2. Intended Use | | | Our Website offers you an exciting experience of interactive activities together with your family which enable you to read books, play games and do other online activities (the "Intended Use"). | | | | 3. User Account | | | To access certain features or functionalities of the Service or the Website you may be required to become a registered user by way of choosing a unique username and choosing, or being assigned, a password (such combination referred to as "User Account"). If you choose to create a User Account, during registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or mislead others to think so. The company may, in its sole discretion, refuse to approve misleading or offensive usernames. Unless permitted by your User Account type or expressly authorized by the Company, you may not create User Account primarily intended to promote a product or service or create multiple User Accounts. To become registered users, children under 18 years of age are required to have a parent (or guardian) review and complete the registration process, which may include age verification steps in addition to the standard process. Any transmission of personally identifiable information by children is subject to the conditions of our Privacy Policy. A parent (or guardian) of any user under 18 years of age who is a minor shall be responsible for such user’s compliance with these Terms and shall be the person reading and accepting these Terms and making any representations and undertakings required hereunder. By registering a User Account for yourself you represent that you are over 18 years of age; by registering or assisting in registration of a User Account for a user under 18 years of age, you represent that you are such user’s parent (or guardian) and are over 18 years of age. You are solely responsible for maintaining the integrity of your password. You understand and agree that any use made from your User Account shall be deemed to be made by you and you shall be solely liable for such use. You hereby declare to know personally and to be a member of family of any minor you may be in touch by means of the Company's website, and not to respond and/or solicit through the Company's website any contact with any minor who is not thus related and personally known to you. | | | | 4. Scope of Service | | | User Accounts may vary as to the scope of the Service assigned by the Company and as to the charges payable for such scope of the Service. The complete list of features available for each type of User Accounts and associated charges is available at Price page (hereafter "List of Services"). By subscribing for a User Account of a certain type you agree to pay all associated charges and not to exceed the scope of the Service that you have subscribed for, as to features, content or functionalities. | | | | 5. No Abuse or Interference | | | Any use of the Website or of the Service other than the Intended Use and unless expressly authorized by the Company, constitutes a contravention of these Terms of Use. You agree not to abuse, disrupt, or interfere with, the Service in any way, and not to violate these Terms in any way, nor to allow use by others in such a way as to violate these Terms. In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site, or make the unauthorized use of the username or password of another user; (ix) collect or store personal data, or solicit personal identifying information including passwords, about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users' ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and "pyramid games/schemes," or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including "trojan horses" and "worms") or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service; (xvi) make use of or violate in any way the Company's trademarks or its Intellectual Property, as defined in Sec. 13 hereafter; (xvii) make use of or violate in any way the rights of any third party whose publications are made accessible on the website, as defined in Sec. 14 hereafter. | | | | 6. Compliance with Laws | | | Recognizing the global nature of the Internet, you agree not to use the Service or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange.
In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data.
As you know, this Website and Service are intended for family use and may be accessed by children. You specifically agree not to do anything harmful to minors in any way, not to promote or provide instructional information about illegal activities, not to promote physical harm or injury against any individual, group or governmental entity, nor to promote any act of cruelty to animals.
The Company reserves the right to report any wrongdoing that the Company may become aware of to the applicable government agencies or to take other appropriate action permitted by law. | | | | 7. No Resale of Service | | | Unless permitted by your User Account type or expressly authorized by the Company, you agree not to make any commercial use of the Service or the Website, including in particular, licensing, sale, transfer or other exploitation of the content of the Website or the Service, not to make any use other than the Intended Use within the scope envisaged by your User Account, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites, and. | | | | 8. No Endorsement of Links | | | As our Website and Service are intended for family use and may be accessed by children, we are particularly concerned about ensuring a safe environment for children. Therefore the Company uses its best efforts to monitor any content made available by the Company for your use through the Service, including the language of the advertisements of our sponsors appearing on the Website (the “Monitored Content”); however, the Company has no obligation to pre-screen or otherwise monitor any other third-party content available on the Website or accessible through the Service. The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
Other than monitoring the safety of the Monitored Content, the Company makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability, completeness, condition or usefulness of any third-party content posted on the Website, hyperlinks to third-party websites outside of the Website, or any content posted on third-party websites. The Company is, in particular, not liable for the terms and consequences of any commercial transaction concluded as a result of any advertisement placed on or available through the Website. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other third-party content or with the use of any third-party websites and if you choose to use such third-party sites, you shall be responsible for reviewing and complying with their terms of use. You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Service, otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children. | | | | 9. Termination of Service to You | | | You agree that the Company may, immediately and without notice, suspend or terminate your User Account or your access to all or part of the Service and remove and discard any of your User Content within the Service, if the Company in its sole discretion determines that you have violated these Terms. Further, you agree that Company shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Service or for removing any content from the website.
You may discontinue your participation in and access to the Service at any time but will remain liable for any outstanding charges due to the Company. | | | | 10. Termination of Service by You | | | You may at any terminate this Agreement by discontinuing to use the Services provided to you according to your subscription and by canceling your user account. However, you acknowledge and agree that the payment effectuated upon subscription to the website is non-refundable and you shall not be entitled to any refund in case of termination of the subscription by you. Without derogation from the general purport hereof, in any event the Company may decide, on a case to case basis, exceptionally and at its sole discretion, to refund wholly or partly any payment received for its services, such exceptional refund shall not constitute an undertaking of the Company to do so in any other event. | | | | 11. Modifications to Service | | | The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that the Company shall have no liability for any modification, suspension or discontinuance of the Service. The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information. The Company reserves the right, to add to the services provided on its website any other services which it may deem, at its sole and exclusive discretion, appropriate and within the scope of the website. In case the Company extends the services offered on its website, it may, at its own discretion, make the use of such extended services subject to the payment of an additional fee, and you may not be given access to such additional services unless you pay the fees required for obtaining such additional services. | | | | 12. Intellectual Property of the Company | | | You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Service, including the Website name and software used to operate the Website and the Service and including all content of the Website and the Service other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by Israeli and international copyright and trademark laws.
You acknowledge and agree that FAMCORNER and the MYGRANDCHILD.COM logo are trademarks of the Company. You are not authorized to use any such trademarks, or any other trademarks of the Company, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with Company. Nothing in these Terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Service without the express prior written permission of the rights owner.
You agree not to (i) print, download, copy (including through saving to your computer system), reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, or create links to, any parts of the Website or the Service or content appearing therein (except your User Content), in any form elsewhere, without express prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service, or (iv) make any unauthorized use whatsoever of any parts of the Website or the Service or content appearing therein. You may submit any comments or ideas for the improvement of the Website or the Service to contactus@mygrandchild.com. By doing so you grant the Company permission to use and incorporate any such ideas and comments without further obligation to you. | | | | 13. Intellectual Property of Third Parties | | | You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements, drawings, animation, literary and educational publications, and User Content) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners, and are protected under the law. You undertake not to violate any Intellectual Property rights of Third Parties, Sec. 13 here above applying mutatis mutandis. | | | | 14. Copyright Infringement Notification | | | The Company respects the intellectual property rights of others. If you believe your copyright is being infringed and your copyrighted work has been copied and used improperly on the Website or the Service, please request the removal of such infringing material by sending written notice (see the form below) to the Company, at:
Mygrandchild.com Email: contactus@mygrandchild.com
In your written notice please provide the following: (i) a description of the copyrighted work that you believe has been infringed; (ii) a description of the allegedly infringing material and its location on the Website or in the Service in such a manner that allows the Company to locate that material (for images or logos, such description should include an image file name or a URL link associated with such image or logo); (iii) your contact information including postal address, telephone number, and e-mail address; (iv) your statement that you believe in good faith that the alleged use infringes your copyrighted material and is not authorized by you as the copyright owner or by law; (v) your statement, under penalty of perjury, that the information in the written notice is accurate and that you are the copyright owner or, if you are not the copyright owner, that you have been expressly authorized to act on behalf of the copyright owner; (iv) your physical or electronic signature (as the copyright owner or the authorized agent of a copyright owner). If you do not include all of the above information, the Company may be unable to process your request for removal from the Website or Service. Please do not send notices or inquiries that are not related to alleged copyright infringement to Company's designated agent. | | | | 15. Privacy | | | Your privacy is important to us. To the extent certain limited information about you may be collected during your use of the Site, such collection shall be subject to the Company’s Privacy Policy. Your use of the Service is subject to, and shall be deemed to constitute, your acceptance of the Company's Privacy Policy. The Company reserves the right to change it’s Privacy Policy. Changes of the Privacy Policy shall be posted on the Company's website. Your continued use of the website following the posting of changes in the Privacy Policy will be regarded as your agreement to the changes in the Privacy Policy. | | | | 16. Disclaimer of Warranties | | | YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE COMPANY PROVIDES THE SERVICE AND THE WEBSITE "AS IS" AND "AS AVAILABLE". THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CONTENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME, UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE COMPANY MAKES NO WARRANTY THAT ANY DEFECTS OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. The Company makes no warranty as to the results that may be obtained from the use of the Website or the Service or as to the accuracy or reliability of any information obtained through the Website or the Service or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Website or the Service. No advice or information, whether oral or written, obtained by you from the Company, through the Website or through the Service shall create any warranty not expressly made herein. | | | | 17. Limitation of Liabilities | | | Your use of the Website and the Service is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Website or of the Service. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, ATTORNEYS, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR SUCH OTHER PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING OUT OF YOUR OR ANY THIRD PARTY’S USE OR MISUSE OF THE SERVICE OR THE WEBSITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Service or the Website, from the inability to use the Service or the Website, from the interruption, suspension, or termination of the Service or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Service; any User Content or third-party content or code obtained or retrieved via the Website or through the Service (including content retrieved into your browser's cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Service; any other matter relating to the Website or the Service. The Company neither assumes, nor authorizes any other party to assume on its behalf, any other liability in connection with the Website and the Service other than as set forth herein. Notwithstanding the foregoing, the total cumulative potential liability of the Company to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to the Company for your use of the Website or the Service. This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law. | | | | 18. Indemnification | | | You are solely responsible for your actions and for your User Account when using the Website and the Service. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account.
The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose. | | | | 19. Choice of Law and Forum | | | The substantive laws of Israel shall govern the Terms of Use and the relationship between you and the Company and any other matter connected with, or deriving from, the Website or the Service, notwithstanding your actual place of residence. The competent courts located in Jerusalem shall have exclusive personal jurisdiction over any lawsuits arising from or relating to these Terms or your use of the Website or the Service and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose.
You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. | | | 20. General Provisions | | | Entire Agreement. These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and, unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Service, other than those contained in these Terms. Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and the Company. The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect. Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision. Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Assignment. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company. The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you. | | | | 21. Notices | | | The Company shall be permitted to send notices to you by posting a notice on the Website (deemed received on your accessing the Website or using the Service) or via e-mail to the address that you provided (deemed received on the following day).
Notices to the Company shall be by email via contactus@mygrandchild.com. |
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Email: contactus@mygrandchild.com
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