Terms of service

 

The following provisions are applicable to the Is NetFlix Down Web-Site Users

THE USERS ARE ENCOURAGED TO CAREFULLY READ THE FOLLOWING PROVISIONS PRIOR TO ACCESS OR USE OF ANY WEB-SITE SECTIONS.

We are glad to welcome you to Is NetFlix Down (hereinafter referred to as “the Web-Site” collectively with its Contents, Marks and Sub-Domains). The Users are encouraged to read and understand the following Provisions prior to any use of this Web-Site and familiarize with the rights and obligations imposed on the Users by applicable laws in relation to Is NetFlix Down (hereinafter the proprietor/operator of the Web-Site is referred to as “we”, “our” or “us”). Whenever you access or use the Web-Site, it is implied that you give your consent and acknowledge legally binding relations established with us, comprehend and confirm your willingness to observe these Provisions and be bound by them, as well as by the Privacy Policy (hereinafter collectively referred to as “the Provisions”). You further confirm that you shall not enforce any available rights to obtain non-electronic/original signatures, or get or retain any hard-copy documents or records as far as this is allowed by any applicable laws. Any Users should not access or use the Web-Site, unless they agree to observe these Provisions.

I. Alterations. We retain the right to make amendments to these Provisions at any time, acting exclusively at our own discretion. These amendments shall come in effect upon the expiry of 10 (ten) days after the altered Provisions are published on the Web-Site. If the User continues to access and use the Web-Site, this shall imply that these changes are accepted.

II. Eligibility. The intended and eligible audience of the Web-Site shall be individuals starting from 13 (thirteen) years old. Children under thirteen shall not access, visit or use the Web-Site in whatever form or manner. Teenagers aged 13-18 are obliged to review these Provisions together with their parents or guardians before they access, visit or use the Web-Site. This procedure shall be mandatory to confirm that these Provisions are understood and acknowledged by you, as well as by your parent/guardian.

III. Access to the Web-Site. As long as these Provisions remain in effect, the Users are allowed to access, visit and use the Web-Site observing these Provisions and any applicable legal norms.

IV. Limits and Allowed Options.
The following shall be prohibited for the Users:
– copying, distribution or modification of any Web-Site components unless our written consent is obtained in advance;
– using the Contents (see the definition below), making modifications or derivative products on its basis, transferring, selling, re-selling, licensing, sub-licensing, downloading, reproducing, distributing, displaying or disclosing (see the definition below) the Contents of this Web-Site, unless these Provisions expressly state that such activities are permitted;
– any activities or conduct interrupting the operation of servers or networks connected to the Web-Site;
– launching, operating or using any automatic systems, including, among others, spiders or robots, as a tool to get access to the Web-Site;
– evading, bypassing, disabling the security tools protecting the Web-Site or making other interferences aimed to disrupt their normal operation or the operation of features intended to limit or prevent handling or copying any Contents or ensure that the Web-Site restrictions are followed and observed.

V. Rights in the Intellectual Property Items.

1. Contents and Marks. The following items:
– any Web-Site content including, among others, textual documents, materials, articles, leaflets, product and SW profiles, descriptive components, graphical objects, photographical images, audio clips, video clips, interactive services and features (hereinafter collectively referred to as “the Materials”);
– any User-Submitted Materials (see the definition below; hereinafter referred to as ”the Contents” collectively with the Materials);
– any trademarks, logos and service marks which are a part of or affixed to the Contents (hereinafter referred to as “the Marks”)
shall be and remain the property of Is NetFlix Down, its licensors (if applicable), legal successors and assignees (if any), and might be covered by the applicable intellectual property, copyright and related national and international laws and treaties. “Is NetFlix Down”, its logo, as well as any other marks shall remain and be treated as the Marks of Is NetFlix Down and/or its affiliated parties, legal successors and assignees (as might be applicable). Any other trademarks/logos/service marks appearing in the Web-Site are owned by the respective proprietors. We shall reserve and retain any and all rights in/to the Web-Site and its Contents, unless such rights are expressly granted to any third-parties, including the Users.

2. Permitted Use of the Contents. The Web-Site Contents are intended for the Users as a source of information and shall be for personal use only. Any handling, alterations or modifications, distribution, copying, broadcasting, transmission, display, sale or re-sale, licensing or sub-licensing, de-compilation, or any other forms or manners of use/operation for any other tasks or purposes shall be prohibited unless a prior written permission is obtained from us. Whenever the Users make any downloads or print out any parts of the Contents, all and any proprietary/copyright and other related statements shall be retained.

VI. Third-Party Contents and Data Sources.

1. With the use of the Web-Site the Users can access, view and otherwise handle and use contents obtained from Third-Party Data Sources (see the definition below). These materials are out of our control, and we do not have any ownership or title to such items (which are hereinafter collectively referred to as “the Third-Party Contents”). Also, the Web-Site can offer user options for the interaction/communication with the Third-Party Data Sources. By definition, such Sources are the web-sites and services of our partners, customers and third parties.

2. Any Third-Party Data Sources are beyond our scope of control. Thus, we cannot bear any liability or responsibility for the relevant materials, user guidelines, non-disclosure policies, practices or procedures applicable to any Third-Party Data Sources. The Users are encouraged to familiarize in advance with the non-disclosure and user policies applicable to any Third-Party Data Sources.

3. We cannot assume any liability and hereby reject any warranties or obligations in respect to completeness, correctness, usefulness, appropriateness or legal validity of the Intellectual Property Rights (see the definition below) applicable to any Third-Party Contents.

4. Whenever the Users access or use the Web-Site, they can view or otherwise deal with the Third-Party Contents of fraudulent, false, inappropriate, disputable or offensive nature. The Users shall always resolve on their own whether it is safe and/or appropriate to use any Third-Party Data Sources, view or handle any Third-Party Contents. Any such activities, use or reliance upon any Third-Party Data Sources/Contents shall be at absolute discretion of the Users.

5. Furthermore, the Users shall be exclusively liable and responsible for any use or handling of Third-Party Data Sources, and expressly confirm that they shall not enforce any rights or remedies of whatever kind which might be applied against Is NetFlix Down. Also the Users shall relieve Is NetFlix Down from whatever liability originating from any use or handling of Third-Party Contents and/or Data Sources. The Users are encouraged to contact the relevant Third Party directly in case of any inquiries or complaints in respect to Third-Party Data Sources and/or Third Party Contents.

VII. User-Submitted Materials.

1. Scope of responsibility. The Web-Site can permit User-Submitted Materials. By definition, these are the Contents submitted, hosted, shared and published by the Users. The Users shall understand and acknowledge that we cannot guarantee non-disclosure or confidentiality of any User-Submitted Materials, whether or not they are published or otherwise publicly released. The Users shall bear sole responsibility for the User-Submitted Materials and any consequences stemming from publishing, posting or uploading the same. We shall decide whether any User-Submitted Materials are appropriate for publication and, furthermore, reserve the right to monitor all and any Contents posted or published on/to the Web-Site acting at our absolute discretion and without specific notification, at any time and for whatever reason, as well as to delete, remove or, as might be appropriate, edit the Contents, including User-Submitted Materials.

2. Right of Ownership. The Users shall hereby state and confirm that they have all rights and permissions required to access, handle, use or license the use of any and all Intellectual Property Rights (see the definition below) contained in and/or attached to User-Submitted Materials. Such materials shall meet these Provisions in all substantial contexts. Any references to the Contents shall refer to the User-Submitted Materials as well, unless stated otherwise. “The Intellectual Property Rights” shall encompass all rights, interests and titles originating according to national or international law and applicable to patents, copyrights, trade secrets, trade and service marks, designs, technologies, similar intellectual property items, and all accompanying personal non-property rights, privacy, publicity and similar rights established by any competent authorities or local or foreign governments, while the Users shall possess and retain their personal ownership rights in/to the User-Submitted Materials.

3. Licensing of User-Submitted Materials. Whenever any User-Submitted Materials are delivered to Is NetFlix Down, this implies that Is NetFlix Down receives from the relevant User on a gratuitous basis and for an unlimited time period an irrevocable global non-exclusive transferable license whereby Is NetFlix Down is authorized to use User-Submitted Materials, including their reproduction, distribution, making derivative products linked with the Web-Site and business activities of Is NetFlix Down and including, among others, full or partial re-distribution of User-Submitted Materials and derivative products made on their basis with the use of whatever media/data formats and whatever distribution channels. The Users shall hereby confirm that they shall not claim or enforce any personal non-property rights in or to the User-Submitted Materials as far as this is permitted by law. Furthermore, the submission implies that every user of the Web-Site or other party which views or accesses the User-Submitted Materials receives a non-exclusive right to use User-Submitted Materials, including the right of distribution, reproduction, making derivative products or displaying the User-Submitted Materials, provided that these Provisions are strictly observed.

4. Prohibited Types of Contents. The Users hereby confirm that they shall not post or display, submit, upload, publish or transmit any User-Submitted Materials which are:

false or misleading in the context of consumer protection laws without regard to specific jurisdiction;
subject to third-party proprietary rights or protected by copyright, patent or similar laws, including legal norms in the field of privacy and publicity, unless the submitting party owns such rights;
dangerous for the health or safety of any persons or public health, safety or security, or act as an obstacle to the activities of law-enforcement bodies;
used to disguise personal identity;
utilized to market or sell illegal products or services, or violate any export laws, including illegal trafficking;
illegal, slanderous, discrediting, contain pornography, promote race hatred or any offenses, violate any criminal or civil laws, or otherwise inappropriate;
related to terrorism;
fraudulent or malicious due to any other reasons.

5. Risk Factors. The Users shall hereby acknowledge and confirm that, whenever they access or use the Web-Site:

they might deal with the User-Submitted Materials obtained from different sources. Is NetFlix Down waives any liability for correctness, fitness for specific purposes, or non-infringement of Intellectual Property Rights in/related to any User-Submitted Materials;
they might deal with the User-Submitted Materials of false, inappropriate or offensive nature.

Furthermore, the Users shall hereby waive all and any rights and remedies available for them in this respect against Is NetFlix Down.

VIII. Accuracy.

While all possible efforts are made to ensure accuracy of all information, Is NetFlix Down cannot guarantee correctness, completeness, relevance or reliability or any Contents published or otherwise available in the Web-Site. The Contents can be fully or partially altered at any time, at absolute discretion of Is NetFlix Down, without preliminary notification or any resulting liability. The Users shall bear ultimate responsibility for any use or reliance on the Contents.

IX. Possible Disclosures.

Is NetFlix Down shall have the right to view, read, retain or disclose any data or information received or acquired from/via the Web-Site and the relevant User activities, as far as this might be required or expedient to observe applicable laws, regulations or requests raised by competent authorities; ensure proper observance of these Provisions or investigate actual or possible violations; identify or prevent issues of any kind, including security threats; answer requests; protect lawful rights and interests of Is NetFlix Down, the Users or the general public.

X. Links.

1. The Web-Site might contain links to / offer options to post content to third-party web-sites, which are out of the scope of control and not owned by/affiliated with Is NetFlix Down. Thus, we cannot bear any liability for the materials available at such third-party web-sites, their privacy policies or terms of use. The Users shall be ultimately liable and responsible for using links to any such third-party web-sites or handling the relevant materials and shall hereby relieve Is NetFlix Down from any liability in this respect. The Users are encouraged to familiarize with any applicable privacy policies, terms and conditions of any visited third-party web-sites.

2. The Users can use links to the Web-Site, provided that the following conditions are observed:

any links shall not appear to reproduce any pages of this Web-Site;
textual description of the links shall be correct in respect to the Web-Site Contents;
there shall be no misleading information about the nature of relationship between the User and Is NetFlix Down or any suggestion that Is NetFlix Down recommends or approves any products or services, unless the User receives express preliminary authorization from Is NetFlix Down;
any links cannot be sourced from any web-sites with inappropriate or offensive content that violates any intellectual property rights or privacy rights of any individuals or companies;
the User and the source web-site observe applicable laws and these Provisions.

XI. Privacy Clause.

Any personal details collected or obtained by ourselves via/in relation to the Web-Site shall be handled and treated in line with the privacy policy available for familiarization at Is NetFlix Down/privacy. The Users shall acknowledge that personal information can be used in accordance with this Privacy Policy.

XII. Scope of Warranty.

1. The provisions set forth in this section shall apply to both paid and free services rendered via the Web-Site. The warranties are disclaimed insofar as permitted by applicable laws.

2. THE WEB-SITE SHALL OPERATE ACCORDING TO AS IS / AS AVAILABLE PRINCIPLES, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF WHATEVER KIND. Is NetFlix Down EXPRESSLY STATES THAT NO EXPRESS OR IMPLIED WARRANTIES SHALL OPERATE, INCLUDING, AMONG OTHERS, ANY IMPLIED WARRANTIES OF FITNESS FOR SPECIFIC PURPOSES, OWNERSHIP/RETENTION OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR ANY COPYRIGHT, PATENT OR OTHER LAWS. THERE ARE NO GUARANTEES OR COVENANTS ASSERTING THAT THE WEB-SITE CONTAINS NO SECURITY VULNERABILITIES, SHORTCOMINGS, OR A COMPLETE PROTECTION AGAINST VIRUS ATTACKS IS ENSURED. TEMPORARY DOWNTIMES ARE POSSIBLE DUE TO MAINTENANCE ACTIVITIES, UPGRADES OR OTHER REASONS. THE USERS HEREBY ACKNOWLEDGE THAT Is NetFlix Down BEARS NO LIABILITY FOR ANY LOSS OR DAMAGE SUSTAINED BY THEM OR ANY THIRD PARTIES DUE TO TECHNICAL ISSUES, SLOW CONNECTION SPEEDS, INTERNET DOWNTIME, TRAFFIC OVERLOADS, CONGESTION AT ANY SERVERS. Is NetFlix Down NEVER GRANTS ANY WARRANTIES OR APPROVALS IN RESPECT TO PRODUCTS, SERVICES OR CONTENT MARKETED BY ANY THIRD PARTY VIA THE WEB-SITE.

3. Is NetFlix Down NEVER GRANTS ANY WARRANTIES OR APPROVALS, NOR MAKES ANY ASSERTIONS OR REPRESENTATIONS OR BEARS LIABILITY IN RESPECT TO WHATEVER CONTENT OF USER-SUBMITTED MATERIALS.

4. THE USERS SHALL HEREBY ACKNOWLEDGE THAT Is NetFlix Down BEARS NO LIABILITY FOR THE ACTIVITIES OF ANY WEB-SITE USERS OR ANY RESULTING RISK OR DAMAGE THAT MIGHT BE CAUSED TO ANY OTHER USERS.

5. RELYING ON ANY USER-SUBMITTED MATERIALS OR DEALING WITH ANY WEB-SITE USERS, THE USERS ACT AT THEIR ABSOLUTE DISCRETION AND RISK. IN THE CASE OF ANY DISPUTES OR LEGAL PROCEEDINGS INVOLVING ANY WEB-SITE USERS, Is NetFlix Down SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DAMAGE OR LOSSES. Is NetFlix Down SHALL BE ENTITLED BUT NOT OBLIGED TO SUPERVISE SUCH DISPUTES.

6. UNLESS STATED OTHERWISE IN THE Is NetFlix Down’S PRIVACY POLICY, THERE ARE NO EXPRESS OR IMPLIED GUARANTEES, COVENANTS OR REPRESENTATIONS CONFIRMING SAFETY OR SECURITY OF ANY INFORMATION OR ACTIVITIES RELATED TO THE USERS’ ACCESS OR USE OF THE WEB-SITE.

7. EVERY EFFORT IS MADE TO ENSURE ACCURACY AND RELIABILITY OF INFORMATION ABOUT ALL PRODUCTS AND SERVICES REVIEWED BY Is NetFlix Down. THIS SERVICE OPERATES ON GRATUITOUS BASIS. IN ORDER TO CHARGE NO FEES ON OUR USERS, WE POST LINKS TO RECEIVE REFERRAL COMMISSIONS. THIS HAS NO INFLUENCE ON THE PUBLISHED MATERIALS, BUT CAN INFLUENCE THE WEB-SITE POSITIONING.

XIII. Limited Liability.

1. AS FAR AS PERMITTED BY APPLICABLE LAWS, Is NetFlix Down CANNOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT (INCLUDING EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL) DAMAGE OF WHATEVER KIND, OR ANY LOSS OF DATA OR REVENUES, OR REPUTATIONAL DAMAGE FOLLOWING FROM THE USERS’ ACCESS/USE OR INABILITY TO ACCESS/USE THE WEB-SITE, EVEN IF Is NetFlix Down WAS AWARE OF POSSIBILE DAMAGES OR LOSSES OF SUCH KIND. Maybe these limitations do not apply to specific users, because waiver or limitation of liability for consequential or incidental damages is not permitted in some jurisdictions.

2. THE AGGREGATE SCOPE OF LIABILITY OF Is NetFlix Down FOR ANY AND ALL DAMAGE HEREUNDER SHALL NOT EXCEED THE AGGREGATE SUM OF FEES (IF APPLICABLE) PAID BY THE USER TO Is NetFlix Down FOR ACCESSING/USING THE WEB-SITE OVER THE THREE (3) MONTHS PRECEDING THE RELEVANT CLAIM.

XIV. Indemnification.

The User hereby agrees to indemnify, defend and hold harmless Is NetFlix Down and its affiliated parties, officers, directors, agents and staff from and against all kinds of liability, damage, claims, obligations, losses, costs and/or expenses (including, among others, legal fees) arising from or related to accessing/using (inability to access/use) the Web-Site; the User-Submitted Materials; contacts with any other users of the Web-Site; non-observance of these Provisions.

XV. Effective Term. Termination.

These Provisions shall be effective unless and until they are terminated at the initiative of Is NetFlix Down or the User. Is NetFlix Down shall be entitled to terminate these Provisions or the access of any user to the Web-Site at its absolute discretion, with immediate effect, without regard to any underlying cause. Such termination can be justified, among others, by a substantial breach of these Provisions. Is NetFlix Down cannot be held liable to any user or third party if the operation of the Web-Site or any part thereof is discontinued for whatever reason. In the case of disagreement with any clause of these Provisions or any further amendments hereto, or any dissatisfaction with the Web-Site, the exclusive remedy available for the User is to discontinue the access/use of the Web-Site forthwith. Upon any termination hereof, the User shall cease any use of the Web-Site. This Section ‎XV, as well as Sections V, ‎VIII (clause 3), XI-XIV, ‎XVI-XVIII shall retain their force and effect and survive any termination hereof.

XVI. Independent Status of Parties.

The User and Is NetFlix Down act as the parties hereto in the status of independent contractors, without direct or implied establishment of any kind of JV or partnership, employment or agency relations. The Users have no right or permission to bound Is NetFlix Down with any covenants, commitments or warranties.

XVII. Transfer/Assignment.

These Provisions, as well as any rights and/or licenses extended hereunder cannot be a subject of any assignment or transfer by the User, while Is NetFlix Down can freely assign the same with no prior notice.

XVIII. Closing Provisions.

Is NetFlix Down shall have the right to modify or discontinue any sections or features of the Web-Site at any time. These Provisions, as well as the relations between the parties hereto (the User and Is NetFlix Down) shall be governed by and interpreted in accordance with Israeli law without consideration of collision norms. The User hereby acknowledges the exclusive jurisdiction of the Tel Aviv-Jaffa courts and agrees not to raise any objections in this respect. However, Is NetFlix Down is entitled to apply for injunctive reliefs to any competent courts. These Provisions shall describe the whole scope of understanding in respect to the Web-Site between the User and Is NetFlix Down. If any Provisions hereof are deemed ineffective, invalid or unenforceable by a competent court, such ineffectiveness, invalidity or unenforceability shall not in any way affect legal force or effect of remaining parts hereof. Any parts hereof can only be waived expressly, and no failures to enforce or assert any rights or choices hereunder shall operate as a waiver of such rights or choices. THE USER HEREBY ACKNOWLEDGES THAT THE TIME LIMIT FOR ANY CLAIMS RELATED TO THE WEB-SITE SHALL BE ONE YEAR UPON THE ORIGINATION OF RELEVANT CLAIM REASONS.

 

Last amendments dated 15 December 2015.

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