Last Updated: September 2022
PLEASE READ THE FOLLOWING CAREFULLY BEFOREINSTALLING AND/OR USING THE PLATFORM.
By clicking the “accept” or “ok” button, orinstalling and/or using the Squad Experience Ltd. ecommerce solution (the “Platform”)you expressly acknowledge and agree that you are entering into a legalagreement with Squad ExperienceLtd. (“Squadded”, we”, “us” or “our”),and have understood and agree to comply with, and be legally bound by, theterms and conditions of this End User License Agreement (“Agreement”). Youhereby waive any applicable rights to require an original (non-electronic)signature or delivery or retention of non-electronic records, to the extent notprohibited under applicable law. If you do not agree to be bound by thisAgreement please do not install or use the Platform.
ThePlatform may include (but shall not be limited to) the following services: (i) Shopwith the community: ask recommendation, share your opinion, publish content(pictures, polls, images), interact with other members) ; (ii Shop withfriends: create your shopping group, invite friends, chat with friends, sharefavorite products; (iii)Discover trending content
Squadded reservesthe right to modify this Agreement at any time by posting the modifiedagreement on the Platform. Such modifications will be effective ten (10) daysafter such posting by us, and your continued use of the Platform shallconstitute your agreement to such modifications. In such cases, we will alsoupdate the "last updated" date set forth above. Please check thePlatform regularly for any modifications and/or updates of this Agreement.
1. Ability to Accept. By using the Platform you affirm that you are over thirteen (13)years of age. If youare between the age of thirteen (13) and eighteen (18) years then, prior to usingthe Platform, you must first review this Agreement with your parent or guardianto make sure that you and your parent or guardian understand its terms andconditions and agree to them.
2. License. Subjectto the terms and conditions of this Agreement, we hereby grant you a personal,revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”)to: (i) install and use the Platform on a mobile telephone, tablet or device(each a “Device”) hat you own or control; and (ii) access and use the Platformon that Device in accordance with this Agreement and any applicable Usage Rules (defined below).
3. License Restrictions. You agree not to, and shall not permit anythird party to: (i) sublicense, redistribute, sell, lease, lend or rent the Platform;(ii) make the Platform available over a network where it could be used by multipledevices owned or operated by different people at the same time; (iii)disassemble, reverse engineer, decompile, decrypt, or attempt to derive thesource code of, the Platform; (iv) copy (except for back-up purposes), modify,improve, or create derivative works of the Platform or any part thereof; (v)circumvent, disable or otherwise interfere with security-related features ofthe Platform or features that prevent or restrict use or copying of any contentor that enforce limitations on use of the Platform; (vi) remove, alter orobscure any proprietary notice or identification, including copyright,trademark, patent or other notices, contained in or displayed on or via the Platform;(vii) use any communications systems provided bythe Platform to send unauthorized and/or unsolicited commercial communications;(viii) use the Squadded’s name, logo or trademarks without our prior writtenconsent; and/or (ix) use the Platform to violate any applicable laws, rules orregulations, or for any unlawful, harmful, irresponsible, or inappropriatepurpose, or in any manner that breaches this Agreement. You also undertake notto use robots, algorithms or any other intelligent machines or software toaccess the Platform, in order to ensure the security of the Platform (forexample, to avoid false profiles, identity theft, hacking, etc.).
4. Account. Inorder to use some of the Platform features and benefit from the Platform's servicesvia a Device you may have to create or use an account (an “Account”). Ifyou do not create an Account, you will only be able to access the publicversion of the Platform and will not be able to benefit from all of theServices (for example, you will not receive notifications). If you create anAccount, you must provide accurate and complete information for yourself. Youare solely responsible for the activity that occurs in your Account, and youmust keep your Account password secure. You must notify us immediately of anyunauthorized use of your Account.
6.1. Ownership. The Platform is licensed and not sold to youunder this Agreement and you acknowledge that Squadded and its licensors retainall title, ownership rights and Intellectual Property Rights (defined below) inand to the Platform (and its related software). We reserve all rights notexpressly granted herein to the Platform. “IntellectualProperty Rights” means anyand all rights, titles and interests in and to any and all trade secrets,patents, copyrights, service marks, trademarks, know-how, or similarintellectual property rights, as well as any and all moral rights, rights ofprivacy, publicity and similar rights of any type under the laws or regulationsof any governmental, regulatory, or judicial authority, whether foreign ordomestic.
6.2. Content. The: (i) content on the Platform, includingwithout limitation, the text, information, documents, descriptions, products,software, graphics, photos, sounds, videos, interactive features, and services(the “Materials”), the (ii) User Submissions (defined below), and thetrademarks, service marks and logos contained therein (“Marks”, andtogether with the Materials and User Submissions, the “Content”), is theproperty of Squadded and/or its licensors and may be protected by applicablecopyright or other intellectual property laws and treaties. “Squadded” and the Squaddedlogo are Marks of Squadded and its affiliates. All other Marks used on the Platformare the trademarks, service marks, or logos of their respective owners.
6.3. Use ofContent. The content on the Platform is provided toyou “as is” for your personal use only and may not be used, copied,distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, orotherwise exploited for any other purposes whatsoever without our prior writtenconsent. If you download or print a copy of the content you must retain allcopyright and other proprietary notices contained therein.
7. Information Description. We attempt to be as accurate as possible. However,we cannot and do not warrant that the content available on the Platform isaccurate, complete, reliable, current, or error-free. We reserve the right tomake changes in or to the content, or any part thereof without the requirementof giving you any notice prior to or after making such changes to the content.
9.1. UserSubmissions. The Platform may permit the hosting, sharing,posting, and publishing of content by you and other users (“User Submissions”).Your User Submissions may be posted to the Platform, or otherwise be madepublicly available. You understand that whether or not such User Submissionsare published, we do not guarantee any confidentiality with respect to any UserSubmissions. You shall be solely responsible for your User Submissions and theconsequences of posting or publishing them. We have complete discretionwhether to publish your User Submissions and we reserve the right withoutfurther notice to you, to monitor, censor, edit, remove, delete, and/or removeany and all User Submissions at any time and for any reason.
9.2. Ownership. Yourepresent and warrant that you own or have the necessary rights and permissionsto use and authorize us to use all Intellectual Property Rights in and to yourUser Submissions, and to enable inclusion and use thereof as contemplated bythis Agreement. You retain all of your ownership rights in your UserSubmissions.
9.4. Exposure. Youunderstand and acknowledge that when accessing and using the Platform: (i) youwill be exposed to User Submissions from a variety of sources, and that we arenot responsible for the accuracy, usefulness, safety, or Intellectual PropertyRights of, or relating to, such User Submissions; and (ii) you may be exposedto User Submissions that are inaccurate, offensive, indecent, or objectionable.You agree to waive, and hereby do waive, any legal or equitable rights orremedies you may have against us with respect to (i) and (ii) herein.
9.5. Disclosure. Wereserve the right to access, read, preserve, and disclose any User Submissionor any other information that we obtain in connection with the Platform as wereasonably believe is necessary to: (i) satisfy any applicable law, regulation,legal process, subpoena or governmental request, (ii) enforce this Agreement,including investigation of potential violations of it, (iii) detect, prevent,or otherwise address fraud, security or technical issues, (iv) respond to youruser support requests, or (v) protect the rights, property or safety ofSquadded, our users or the public.
9.6. ProhibitedContent. You agree that you will not send, display,post, submit, publish or transmit a User Submission that: (i) is unfair ordeceptive under the consumer protection laws of any jurisdiction; (ii) iscopyrighted, protected by trade secret or otherwise subject to third partyproprietary rights, including privacy and publicity rights, unless you are theowner of such rights; (iii) creates a risk to a person’s safety or health,creates a risk to public safety or health, compromises national security, orinterferes with an investigation by law enforcement; (iv) impersonates anotherperson; (v) promotes illegal drugs, violates export control laws, relates toillegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory,libelous, threatening, pornographic, harassing, hateful, racially or ethnicallyoffensive, or encourages conduct that would be considered a criminal offense,gives rise to civil liability, violates any law, or is otherwise dishonest,inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft orterrorism; (viii) constitutes an unauthorized commercial communication; (ix)contains the contact information or any personally identifiableinformation of any third party unless you have first obtained the expressconsent of said third party to include their contact information or personallyidentifiable information; and/or (x) breaches this Agreement
10. ThirdParty Sources and Content.
10.2. We arenot responsible for, and we expressly disclaim all warranties regarding, theaccuracy, appropriateness, usefulness, safety, or Intellectual Property Rightsof, or relating to, any Third Party Content. We do not endorse any advertising, promotions, campaigns, products,services or other materials that is included in any Third Party Content or thatis communicated to you from a Third Party Source.
10.3. By usingthe Platform you may be exposed to Third Party Content that is inaccurate,offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with aThird Party Source or to view and use Third Party Content. Your interaction with a Third Party Sourceand your use of, and reliance upon, any Third Party Content is at your solediscretion and risk.
10.4. You aresolely responsible and liable for your interaction with a Third PartySource. You agree to waive, and herebydo waive, any legal or equitable rights or remedies you may have against Squaddedand Squadded from any and all liability, arising from your use of andinteraction on any Third Party Content and from your interaction with any ThirdParty Source. If you have any query orcomplaint regarding a Third Party Source or any Third Party Content, you agreeto contact the Third Party Source directly.
11.1. THE PLATFORMIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANYKIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
11.2. WE DONOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM ISFREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the PLATFORM.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU ORANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUTLIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFICCONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), THE INTERNET NETWORK, THEOPERATING SYSTEM, THE BROWSER, A DEVICE USED ANY TELECOMMUNICATIONS OR INTERNETPROVIDERS OR IN THE EVENT OF ANY EVENT ARISING FROM A CASE OF FORCE MAJEURE.
11.3. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLEFOR ANY CONSEQUENCES TO YOU CONCERNING INCOMPATIBILITY OF THE PLATFORM WITH ANYSOFTWARE, SOFTWARE PACKAGE, OPERATING SYSTEM OR ANY OTHER DEVICE USED BY YOU ORTHE SITE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCESTO YOU OR INTERRUPTION OR DISRUPTION OF THE OPERATION OF THE PLATFORM FOR THEPURPOSES OF MAINTENANCE OR UPDATING OF THE DEVICE.
11.4. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLEFOR ANY CONSEQUENCES TO YOU IN THE EVENT OF LOSS, ACCIDENTAL OR OTHERWISE,TOTAL OR PARTIAL ALTERATION OR CLEANING OF THE CONTENT PROVIDED, EXCHANGED,PUBLISHED OR SHARED ON THE PLATFORM.
11.5. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLEFOR ANY CONSEQUENCES TO YOU IN THE EVENT OF A PURCHASE(S) MADE ON THE SITE ORTHE SHOP(S) OF THE SITE OR PRODUCT RECOMMENDATIONS FROM THE SITE (IN PARTICULARVIA THE WISHLIST).
11.6. YOU AGREE THAT WE WILL NOT BE HELDRESPONSIBLE FOR ANY CONSEQUENCES TO YOU IF YOU ORGANIZE MEETINGS, CONTACTS ORAPPOINTMENTS, NO LONGER VIA THE PLATFORM, BUT PHYSICALLY, IN A "REAL"SITUATION. ANY USERS USING THE PLATFORM WHO ORGANIZE SUCH MEETINGS ARE FULLYRESPONSIBLE FOR THEIR ACTIONS AND BEHAVIOR AND SQUADDED CANNOT BE HELD LIABLEIN ANY WAY FOR INCIDENTS OR MISDEEDS COMMITTED ON THIS OCCASION. IF YOU HAVE ADISPUTE WITH ANY OTHER PLATFORM USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANYCLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVETHE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
11.7. Applicable law may not allow the exclusion ofcertain warranties, so to that extent such exclusions may not apply.
12.1. UNDER NO CIRCUMSTANCES SHALL SQUADDED BE LIABLEFOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ORFOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USEOF, OR THE INABILITY TO USE, THE PLATFORM EVEN IF SQUADDED HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
12.2. IN ANY EVENT, SQUADDED’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ANDLOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTFROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, SHALL NOT IN ANYCIRCUMSTANCE EXCEED THE GREATER OF: (1) ONE HUNDRED USD ($100) OR (2) THE TOTALAMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO SQUADDED FOR USING THE PLATFORMWITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
13. Indemnity. Youagree to defend, indemnify and hold harmless Squadded and our affiliates, andour respective officers, directors, employees and agents, from and against anyand all claims, damages, obligations, losses, liabilities, costs and expenses(including but not limited to attorney’s fees) arising from: (i) your use of,or inability to use, the Platform; (ii) your violation of this Agreement; and(iii) your violation of any third party right, including without limitation anycopyright, property, or privacy right. Without derogating from or excusing yourobligations under this section, we reserve the right (at your own expense), butare not under any obligation, to assume the exclusive defense and control ofany matter which is subject to an indemnification by you if you choose not todefend or settle it. You agree not to settle any matter subject to anindemnification by you without first obtaining our express approval.
14. Export Laws. Youagree to comply fully with all applicable export laws and regulations to ensurethat neither the Platform nor any technical data related thereto are exportedor re-exported directly or indirectly in violation of, or used for any purposesprohibited by, such laws and regulations.
15. Updates and Upgrades. We may from time to time provide updates orupgrades to the Platform (each a “Revision”), but are not under anyobligation to do so. Such Revisions will be supplied according to ourthen-current policies, which may include automatic updating or upgradingwithout any additional notice to you. You consent to any such automaticupdating or upgrading of the Platform. All references herein to the Platformshall include Revisions. This Agreement shall governany Revisions that replace or supplement the original Platform, unless theRevision is accompanied by a separate license agreement which will govern theRevision.
16.1. ThisAgreement is effective until terminated by us or you. We reserve the right, atany time, to: (i) discontinue or modify any aspect of the Platform; and/or (ii)terminate this Agreement and your use of the Platform with or without cause,and shall not be liable to you or any third party forany of the foregoing. If you object to anyterm or condition of this Agreement or any subsequent modifications thereto, orbecome dissatisfied with the Platform in any way, your only recourse is toimmediately discontinue use of the Platform.
16.2. Upontermination of this Agreement, you shall cease all use of the Platform. ThisSection 16 and Sections 6 (Intellectual Property Rights), 8 (Privacy),9 (User Submissions), 11 (Warranty Disclaimers), 12 (Limitationof Liability), 13 (Indemnity), and 17 (Assignment) to 19 (General)shall survive termination of this Agreement.
17. Assignment. ThisAgreement, and any rights and licenses granted hereunder, may not betransferred or assigned by you but may be assigned by Squadded withoutrestriction or notification.
18. Governing Law and Disputes. ThisAgreement shall be governed by and construed in accordance with the laws of theState of Israel without regard to its conflict of laws rules. You agree tosubmit to the personal and exclusive jurisdiction of the courts located in TelAviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forumobjections to such courts. Notwithstanding the foregoing, we may seekinjunctive relief in any court of competent jurisdiction.
19. General. ThisAgreement, and any other legal notices published by us in connection with the Platform,shall constitute the entire agreement between you and Squadded concerning the Platform.In the event of a conflict between this Agreement and any of the foregoing, theterms of this Agreement shall prevail. If any provision of this Agreement isdeemed invalid by a court of competent jurisdiction, the invalidity of suchprovision shall not affect the validity of the remaining provisions of thisAgreement, which shall remain in full force and effect. No waiver of any termof this Agreement shall be deemed a further or continuing waiver of such termor any other term, and a party’s failure to assert any right or provision underthis Agreement shall not constitute a waiver of such right or provision. YOUAGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TOTHE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.