Terms of Use of the Website (B Kind World Ltd.)

Last modified: 18.9.2016

General

This Agreement constitutes the terms of service of “B Kind World Ltd.”, private company No. 515492189, of 14 Geffen Street, Shoham, Israel (hereinafter, respectively, the “Terms of Service” and the “Company”), which operates the BKind cards, the B Kind website, the B Kind app and their accompanying services (collectively, the “Services”).

The Terms of Use constitute the legal basis for any discussion or interaction between the Company and you, the users of the Services. If you do not agree to any of the following Terms of Use, we ask that you do not make any use of the Services.

Please note, any use of any of the Services, or any access to them, including (but not limited to) merely browsing the website or installing the app, constitutes a statement that you have read the Terms of Use and [provide] unconditional agreement to their content. All of the Company’s Services are subject to the Terms of Use, including (but not limited to) the use of B Kind cards, and creating an online chain of acts of kindness through them, using and browsing the B Kind website and app and their contents, posting information or content on the website and app and sharing it, responding to existing posts, uploading pictures, video files or any other media, sharing files, sharing posts from the website or app in the various social networks, etc.

Please read the Terms of Use carefully from time to time, as they may change.

For the sake of convenience, this agreement was drafted using male terminology, but it applies equally to all genders. Where the agreement makes use of the singular language, the reference is also to the plural and vice versa, as the case may be.

This agreement was drafted in Hebrew. In the event of a conflict between any translated version of this Agreement and the Hebrew version, the Hebrew version shall prevail.

The Company may suspend, block or terminate, immediately and permanently, your access to the Services if you breach any of the Terms of Service. The Terms of Use shall be subject to Israeli law only, and the competent courts in the District of Tel Aviv shall have jurisdiction over it.

Publicity of Content

All information and content published by users of the Services are in the public domain. Some of the information and content published in the Services may also be shared and distributed on websites outside of the Services, such as through inclusion in various social networks. Please note that the external websites and social networks are operated by third parties over which the Company has no responsibility, and their use may be subject to other terms of use and additional agreements in accordance with the policy that changes from time to time of these external services. Publication of information or content by using the Services constitutes consent and authorisation that any person (including visitors who have not registered for the Services or who have not used them before or users of external websites or social networks in which have been embedded posts or content taken from the Company’s Services) may have access to the information and content that was posted, as well as the right to use them and to attribute them to you.

Privacy

The information provided at the time of registration for use of the Company’s Services is retained on the Company's servers and is not published (as long as the user does not publish it himself through one of the Services). In addition, the Company also retains the general location of the IP address from which certain activities were performed in the Services - in order to improve the Services and produce statistical information. The Company shall be entitled to use the information provided by the customer and the information it collects about customer usage patterns for the purpose of improving the Services, improving the relationship with the customer, for direct mailing purposes or for the purpose of analysis and delivery of statistical information to third parties, including to advertisers, provided that this information does not identify the customer. Personal information given to the Company shall be transferred to a third party by power of a judicial order or pursuant to the provisions of the law, and in the event legal proceedings of any kind are initiated against the Company or a warning is given prior to their being initiated. The Company undertakes to keep the personal information in its possession and not to transfer it to a third party without authorisation. Some of the Company’s Services operate a system of alerts to users via e-mail or text messages. For example, alerts about a particular chain of acts of kindness are sent to users who uploaded a post in that chain, or to users who marked the chain to be tracked. By default, notifications are sent to the e-mail address or to the telephone number that are provided by the users when registering for the Services. In each alert that is sent, as well as in the chain page itself, the user will be given the option to be removed from the alert service. In order for you to be up to date with offers relating to the Sservices from time to time, the Company would like inform you about these by e-mail to the address provided during registration for the Services. You hereby authorise the Company or anyone on its behalf to send you such e-mails. Furthermore, with your approval of these Terms of Use you agree that the Company or its representatives may contact you from time to time with marketing and promotional offers, including by direct mail, SMS messages, e-mail, fax, automated dialling system and/or any other means of communication. If you wish to stop receiving such e-mails or marketing or promotional offers, you are welcome to contact the Company via the email that appears on the Company website and by any e-mail message sent to you and request to be removed from the mailing list. Please note that as part of providing the Services to the user, the Company may contact the users and may from time to time send messages related to the operation of the Services, or other administrative messages that are not considered commercial or promotional mailings. These messages are an integral part of the Services and the users cannot avoid them or be removed from their mailing lists.

Use of the Website

You may use the Company’s Services according to the rules listed below: The safety and rights of other people and third parties are very important to us. When using the Company’s Services, we require that you respect these rights and comply with any applicable law. It is forbidden to post on the website or the various services any content that infringes any rights of a third party, or which is in any way unlawful, and it is forbidden to act in any manner that is against the law or violates a right. No use is to be made of the Services for unlawful purposes. Without derogating from the generality of the aforesaid: Do not post content or take any action that violates the proprietary rights of others, including copyrights and trademarks. Repeated violations may result in the deletion of your account or of your being barred from the Services. Do not upload viruses or any malicious or harmful code through the Services. Do not publish information that is false, misleading, distorted, offensive, defamatory or threatening, information that violates the privacy or reputation of others, information that is libellous, or any other harmful information. Do not harass or bully other users. Do not post personally identifiable or sensitive financial information of another person. No content is to be published relating to minors, which identifies them, their personal details or the means of communication with them. Do not post sexual or pornographic content, content that includes nudity, content that contains graphic or unwarranted violence, or that incites to violence. Do not post content that is racist or promotes racism or hate speech, or content that promotes forbidden discrimination based on race, skin colour, ethnicity, nationality, religion, gender, occupation, sexual orientation, gender identity, illness, physical or mental disability, belief, political outlook, or socio-economic status. No content may be published that encourages the committing of a criminal offense or that may constitute the basis for a civil action. Do not post any content that may mislead consumers. Do not post passwords, usernames and other details enabling the use of computer software, digital files, websites or services that require registration or payment, without such registration or payment. Do not post any content to which access is blocked by a password or similar method, and is not freely accessible to all Internet users. Do not post any content of an advertising or commercial nature that is not related to the Company or its Services. You may use the website for non-commercial purposes. Do not post any commercial communications, including “spam” communications. Do not use the Services to send advertisements or make any other commercial use of the Services, without receiving explicit permission in advance. Do not copy and use, or enable others to use, the contents of the website by any other means, including on other websites, in electronic publications, printed publications and the like, for any other purpose. Do not operate or enable the operation of any computer application or any other means, including any software of types such as crawlers, robots and the like, in order to search, scan, copy or automatically retrieve content from the website. In this respect, it is forbidden to create or to use any means to create a compilation, collection or database containing content from the website. The contents of the website may not be presented in any way - including using any software, device, accessory or communication protocol - that changes their design on the website or removes any content from them, and in particular any advertisements and commercial content. Do not link to the website from any website that contains pornographic content, content that encourages racism or forbidden discrimination, or that is illegal, or the publication of which is illegal or encourages illegal activity. The Company may refuse to post or may remove at any time any content that was posted, if it, in the Company’s opinion, includes a violation of the Terms of Use or if it may be detrimental to the Services, the users, the Company or anyone acting on its behalf. The Company shall be entitled to terminate the User’s use of the Services, at its own discretion, to the extent there is a suspicion that the user has made or will use the Services in violation of the Terms of Use or the provisions of law. However, the non-termination of use will not exempt the user from liability or constitute consent to such activity. The Company shall be entitled, at its sole discretion, to change and/or to stop at any time the activity of the various Services, without the need to give any alert and/or prior notice.

Registration

You hereby certify that you have legal competence and are of sufficient age by law to create a binding contract. You must be at least 18 years old to be eligible to use the website. However, if you are a minor (under the age of 18) or are not entitled to perform legal acts without the consent of a guardian, your use of the website will be deemed to have been approved by your guardian. If you register on behalf of a corporation, organisation, authority or other legal entity, then you represent that you are authorised to do so on behalf of that legal entity and pursuant to all laws. No other person or third party may be registered to use the Services without their consent and without that person or third party being present in front of the screen at the time of registration and after all of the Terms of Use have been explained to him. You undertake to maintain your contact information and the personal information you provide to the Company, accurate and up to date. False personal information is not be provided. Registration for the Services is for the personal and exclusive use of the user who is not authorised to transfer the user permission to another person. You acknowledge that you are aware that the Company has no ability or possibility to check, sift or filter the users who use the Services or subscribe to use them.

Intellectual Property

All copyrights and intellectual property rights in the Services, their designs and their content belong solely to the Company. It is prohibited to copy, modify, publish, distribute, publicly display, publicly perform, transmit, communicate to the public or make available to it, process, create or make derivative works of, sell, or lease any part of the above, whether by yourself or through or in cooperation with third parties, by any way or means, whether electronic, computerised, mechanical, optical, photographic or recording, or by any other way or means, without obtaining prior written consent from the Company. The Company's trademarks, logo, notices and goodwill are the sole property of the Company. No use is to be made of them and no use is to be made of marks that are similar to the trademarks of the Company that may cause confusion, without the Company's explicit written consent in advance. The Company does not claim ownership of the Content you publish through the Services. However, when you publish content in the Company’s Services, you confirm by their delivery and publication that you are the owner of all of the rights in them and that you have the authority to grant a licence to use them. You also thereby grant to the Company a non-exclusive, unrestricted, transferable and sub- licensable, worldwide and royalty free licence to use all of the intellectual property that you have posted. If you are not the creator or owner of the rights to the content that you provide, you confirm that you have due authorisation from the rights holder, who allows you to deliver the contents and to grant use rights in them as set out above. The Company shall not be liable for any damage caused as a result of the infringement of the rights of the holders of the rights in the content. You bear full and sole liability for any display or publication of content made by you and you undertake to indemnify the Company for any damage caused as a result of this.

Liability

Use of the Services is at your exclusive and full liability. You are exclusively responsible for the accuracy of the information you publish or broadcast through the Services. The Company assumes no liability for the published content. Any user who uses the website contrary to the rules of use or the provisions of law will bear sole responsibility for his actions, including any direct and/or indirect damage caused to the Company and/or any other person, and shall be obliged to compensate the Company and indemnify it and/or anyone on its behalf for any direct and/or indirect, damage including loss, loss of profit, payment or expense incurred by them, including also lawyers fees and court costs. The Company is not responsible for the content of notices, “banners” or any advertising material that may appear on the Website. Sole responsibility for these is borne by the advertisers alone. The existence of links to other websites does not constitute a guarantee of the content of these websites in terms of their reliability, completeness, or in any other way. The Company does not guarantee that the website services will not be disrupted, will be provided regularly without interruption, will function safely and without errors, and will be immune from unauthorised access to the Company’s computers or from damage, breakdowns, malfunctions or failures, whether in the hardware, software, communication lines and systems, of the Company or any of its suppliers. The Company may, at any time, terminate the provision of the Services, or initiate the suspension of the Services for maintenance and organisation. The Company may, from time to time, change the structure of the Services, their design, scope and availability, and will be entitled to change any other aspect related to the services, all without having to inform you of this in advance.