Intellectual property Any and all intellectual property rights in the Service, including inter alia and without derogating in software, platforms, algorithms, technology, design, information, services, text (including articles and stories), files, video clips, photographs, apps, sound and music (including Essence of Life radio), and any other proprietary content are the property of the Company and/or its principals, who have all of the rights in such materials, including all of the intellectual property rights related thereto. The meaning of the term “intellectual property rights” is, whether or not they are registered, throughout the world: (a) rights in relation to written work, design and photography, including copyrights; (b) trademarks, service marks, logos, trade names, goodwill; (c) patents, patent applications and inventions; (d) rights that correspond to the ones mentioned above and any and all other proprietary rights related to intangible property; (e) splits, continuations, extensions, renewals and re-registration of any of the rights mentioned above, whether they exist now or will be filed, registered and/or received in the future.
The aforesaid does not constitute a representation regarding the Company’s ownership of content of third parties (please see Section 6 below), but merely a warning for your information that the content is protected. Note that playing in public, broadcasting and/or recording of content that will be broadcast on Essence of Life radio may violate third party rights, including associations for co-management of rights, and expose you to lawsuits and/or a royalty payment obligation.
You agree and are aware that the Company has the full right, whenever it wishes and for any reason whatsoever, or for no reason at all, to redesign, change the order, structure and specification, features and any component and/or other aspect of the Service or any part thereof.
You declare and warrant that you are exclusively responsible for Your Content, and that: (a) the Company is not, and in the future shall also not be liable for any payment (including royalties) to any other due to use of Your Content in the context of use of the Service and/or presentation thereof on the Service; (b) Your Content and/or any part thereof and the use thereof in the context of the Service: (1) is accurate, updated and full; (2) shall not include and/or promote unlawful activities; (3) shall not include and/or promote racism and/or instigation and/or discrimination based on religion, race, sex, age or medical condition; (4) shall not include pornographic content; (5) shall not include libel and/or defamation; (6) shall not breach any law; (7) shall not violate intellectual property rights of any third party and/or his right to privacy; (8) in general, in Your Content you may not include personal information about another person (including a photograph) and/or any content in respect of which there are intellectual property rights of a third party, however, if Your Content will contain one of the aforesaid, You undertake to obtain such third party’s approval, license and consent to use of the content and/or personal information in the context of the agreement and the Service, and his approval, license and consent to any use by the Company in the context of and/or in relation to the agreement.
Third party content Part of the content and materials that are available on the Service, including surfers’ responses, may be provided on behalf of third parties. All of the opinions, advice, declarations, services, offers, information and content presented on the Service on behalf of and/or whose source is third parties, including inter alia text, pictures, drawings and video clips, belong to the creator and/or publisher thereof and/or do not necessarily represent the Company’s positions. The Company does not promote and/or publish and/or recommend the same in any manner; and does not edit and/or supervise and/or screen and/or review the same, but serves merely as a platform for the presentation and concentration thereof in one place.
Notification and removal If the Service presents or broadcasts content and/or work that you own and in your opinion violates your copyrights and/or privacy and/or is harmful and/or constitutes libel, please contact the Company with a request to remove the same, at email@example.com making direct reference (including URL) to the violating content and attaching evidence of it being such, as well as contact details, name and identifying details. If the content is in violation, it shall be removed as soon as possible and you shall be notified thereof by email.
Limitation of liability This Service is provided to you ‘as is’ and without any responsibility and/or guarantee of any kind, either explicit or implicit and/or by virtue of the law (insofar as the applicable law so allows). Insofar as, and to the maximum extent that the law allows, the Company does not make any guarantee and shall not be liable, including inter alia and without derogating with regard to merchantability, violation of rights, and fitness for a particular purpose. The Company does not guarantee that the Service will be accessible without interruption or free of flaws and malfunctions, or that the server on which the Service is located will be free of viruses and/or any other damaging agent. The Company does not guarantee and/or make any representation with regard to the use of the Service and/or the consequences of such use with respect to the accuracy, veracity of the content, credibility and/or otherwise. You are exclusively responsible to implement any and all safeguards that you deem required and/or recommended in order to protect yourself against claims, damage, loss and/or danger that may arise as a result of and/or in connection with your use of and/or reliance on the Service and/or any part thereof.
Insofar as, and to the maximum extent that the law allows, in no case will the Company and others affiliated therewith, including partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be liable to you and/or any other entity under any legal theory, either contractually, in torts or otherwise, either due to direct, indirect, secondary and/or circumstantial damage, including and without derogating loss of profit, loss of business opportunities, loss of income and/or profit, loss, damage to goodwill, loss of information, special, punitive and/or exemplary damages; that derive from and/or relate in any manner to the Service, including your use thereof and/or reliance on all and/or any part thereof and/or to any malfunction, inaccuracy, omission, flaw, vulnerability and/or any failure in the performance and provision of the service by the Company.
Termination The Company may terminate this Agreement and/or suspend your right to enter and/or use any part and/or all of the Service, for any reason and without prior notice. Upon termination, you shall immediately cease from making any use of the Service. In the event of termination, your obligations in the following sections: 3-7, 9-12 shall survive termination.
12.4. No conduct, waiver, inaction and/or laches and/or delay by any party in the exercise of any of his rights pursuant to this Agreement and/or the law shall be deemed as a waiver of any right and/or consent to any breach or non-fulfillment of the terms and conditions of this Agreement and/or as giving a postponement or an extension or as a modification, cancellation or addition of any term whatsoever, unless made in writing and explicitly.
12.5. Nothing in this Agreement confers any rights on another who is not a party hereto, and this Agreement is not a contract for the benefit of a third party within its meaning in the Contracts Law (General Part), 5733-1973.
12.6. The Company may endorse this Agreement, in whole or in part, subject to its sole discretion. You are not entitled to endorse and/or transfer this Agreement to a third party without obtaining the Company’s prior written approval. Any unauthorized endorsement shall be deemed null and void.