1.1. Beta. The User understands and acknowledges that the Services are currently in their pilot stage, and are made available as a “Private Beta” version. This means, among others, that: (i) Wehows has not yet completed development of the Services and that not all features are completely functional or available or fully or accurately described under these Terms; (ii) these Terms are not completed and does not contained all of the terms regarding the Services; (iii) some of Wehows’ practices are still in formation and are not available yet fully described or fully employed by Wehows.; therefore, User is advised and confirms that the use of the Services is made at itsUser’s own risk taking into account, among others, the foregoing stage of the Services. Furthermore, currently the Services are offered free of charge to all User (although, as specified above, third party advertisements may appear on the Services (including within or along with any Content (including, How-to Content) and, at the meantime, the User (including any User that has provided How-to Content) will not be entitled to any compensation or consideration from Wehows in connection with this engagement (including, in connection to the provision or any use of its How-to Content, if any). When Wehows finalizes the pilot stage and adopt a compensation program, Wehows may choose to engage with certain Users, at Wehows’s sole discretion, by a way of written agreement, under which (and subject to the terms to be provided thereunder) such Users may be entitled to receive compensation from Wehoes in respect to their How-to Content.
1.2. The Services. The Services was designed by Wehows to create a private platform that enables Users, who have questions and inquiries related to the general topic of ‘how to do things’ to be exposed to internet content of other Users (“How-to Content”) that may provide appropriate response. The Services may also include list of ingredients, services, components or products related to or mentioned in the How-to Content (or other content provided by Users or third parties) and may provide links or direct the User to third party providers that sell such items or services. For example, let’s say that a User have inquires on how to build an amplifier, the Services may suggest such User a movie, made and uploaded by other User, that explains how to build it as well as a list of components required in order to achieve such goal, and links to vendors that sells such components.
1.3. Registration and information. Uploading certain type of User Content (ad defined below) and some use of the Services require the User to register and create a user account. User agrees to use only his own account, username and password at any time, and not to disclose its password to any other user or third party. Wehows shall the right (but shall have no obligation) to reject any registration attempt, If Wehows believes that certain user name (or any other detail provided by user throughout the registration process) is being used by someone else; may be construed as impersonating another person; belongs to another person or entity; personally identifies the User (or anyone else); violates Wehows guidelines or technical requirements; offensive; or for any other reason, all the foregoing at Wehows sole discretion. User may also be able to sign into the Services or use or access certain features of the Services by using the User’s account with certain third -party social networking platforms (such as Facebook Inc., Twitter Inc. and Google Inc.) (“User’s Social Networking Accounts”). Furthermore, during the registration process, the User may be required to provide certain details which will be a part of its user profile, such as username, password, User’s email address, first and last name, phone number, etc. (collectively, “Profile Information”). The provision of Profile Information and signing into the Services using User’s Social Networking Account is voluntarily. While the User may elect not to provide Wehows with that portion of the Profile Information or signing into the Services without using any third party’s social networks, User acknowledges that, by doing so, the Services or some features of the Services may not be available to that User. Profile Information and any other information the User submit to the Services or otherwise provides (including, User’s How-to Content, if any) must be correct, current, accurate and complete. User is entirely responsible for maintaining the confidentiality of its password. The User agrees to use only its own account, username and password (including using its own User’s Social Networking Accounts only) at any time, and not to disclose its password to any other User or third party. The User is responsible for all activities that occur through the User account. The User agrees to notify Wehows immediately if the User suspects any unauthorized use of its password or account.
1.5. Third Parties and Third Parties Services. The Services may include content, services or other materials, including User Content (“Third Party Services and Content”) provided by third parties (“Third Party Providers”). As illustrated above, Third Party Services and Content may contain some components, products or services offered by certain Third Party Providers, in connection to How-to Content displayed on the Services or in any other way throughout the Services. Third Party Services and Content may also contain third party advertisements, sponsored materials, offers regarding products or services or promotions that are displayed through the Services and in connection to User Content. Mention of Third Parties Services or Content, through the Services, including by a way of containing any links or promotion in connection thereto, are provided to User for informational purposes only and Wehows does not endorse any of such Third Parties Services or Content or any transaction or interaction with Third Party Providers, nor should any of such shall be deemed as any recommendation provided by Wehows. The use or interaction with some of these Third Party Services and Content and any transaction with Third Party Providers may be subject to futher terms and conditions of the third parties that provides offers or provide such services, items, products or content, such as terms of sale, privacy practices of such third parties, data security processes or terms of services (if any) or otherwise (“Third Parties’ Policies”). These Terms does not grant User with any right or license to incorporate or make use of any Third Party Services and Content or to enter into any transaction with any Third Party Provider, and such actions are subject to the applicable terms and conditions of the applicable Third Party Policies. Wehows recommends any User to read such Third Parties Polices before entering into any transaction or make any interaction with any Third Parties Provider (and if the Third Party’s Polices are not available, then User is being advised to consider to refrain from entering into transaction or make any interaction with such Third Party Provider). Any Third Party Provider reserves, subject to the terms and conditions of such Third Party Provider, the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase; and/or to refuse to provide any user with any product or service. User should note that any transaction or interaction between the User and any Third Party Provider is made between such parties (and not with Wehows), and Wehows assumes no responsibility or liability in connection thereto. Specifically, acquiring any components, products or services of Third Party Providers, made available through the Services, by Third Party Providers, is a transaction between the User and the applicable third party that sells or offers such items or services, whereby the applicable Third Party Provider (and not Wehows) will be the seller or merchant of record and either it and/or another third party (and not Wehows) will be responsible for taking, fulfilling and/or shipping such orders. As between Wehows and the User, User (and not Wehows) will be responsible for paying all transaction costs relating to User’s purchases, such as fees, shipping, handling, duties, tariffs, and taxes. User agrees and undertakes to determine and obey all applicable local, state, federal and international laws (including, the minimum age requirements and export control laws) regarding the purchase, possession, use and sale of any item or service purchased or sold through the Services. Wehows does not guarantee the accuracy of any attribute, specification, proportion or dimension of any models, spaces, products, images or items visible on or made available through the Services (including those that can be purchased through the Services) or that they will match or reflect those of any actual physical spaces, products or items, and neither Wehows nor any of its related parties (including Third Party Providers) are responsible or liable for any such inaccuracies. Also, the inclusion of any products, items or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time. Descriptions, images, references, features, content, specifications, and prices of any product, item or service on the Services or obtained through the Services are subject to change with or without notice (Specifically, User should note that prices or specs of any products or items appeared on the Services (if any) might be changed during the purchasing process or after the User is directed to the applicable Third Party Provider’s sales platform or system). Wehows has no control over, does not endorse, and will have no responsibility in respect to any of such transactions, interaction or relationship with any Third Parties Provider nor will have any responsibility in connection to any Third Party Services and Content. The User further acknowledges that in using the Services (including using any Third Party Services and Content available thereby or any interaction with Third Party Providers), the User may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to User. User hereby irrevocably waives any claim against Wehows and its related parties and affiliates with respect to any such content or in connection to any Third Party Providers, Third Party Services and Content, Third Parties’ Policies, including with respect to any transaction or interaction in connection to any of the foregoing.
1.6. Changing the Services. Wehows reserves the right, at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, including removing any User Content from the Services, all at Wehows sole discretion. Users will have no claim, complaint or demand against Wehows or against any related parties or affiliates of Wehows, for applying such changes or for failures incidental to such changes.
1.7. Internet Connection, Bluetooth & Device Battery Consumption. User acknowledges and understands that use of the Services requires internet connection that may have different associated charges (such as mobile data expenses); which may necessitate consumption of the mobile or other computing device battery. The expenses of such connection are as prescribed by the agreement between the User and User’s communication service provider (such as User’s cellular company or internet provider), and according to its applicable terms of payment. The User shall have no claim or demand towards Wehows with regard to the foregoing.
2.1. User that submits or provides any User Content, hereby grants: (i) to Wehows, its related parties (including its affiliates and related parties), a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to: (A) use, reproduce, distribute, prepare derivative works of, display, make available to the public, broadcast and publically perform (each publicly or otherwise) and that User Content in connection with the provision of the Services (including to display the User Content with content of others (including with third parties’ advertisements, promotions, products, comments, services or otherwise)), and otherwise in connection with Wehows’s business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including through the Services); (B) adjust or modify that User Content in any way in order to meet Wehows’ display specifications or content requirements, at Wehows’s sole discretion and without any need to provide notice to; and (ii) to other Users, a worldwide, non-exclusive, royalty-free license to access the User Content through the Services and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content to the extent permitted by the functionality of the Service and under these Terms. The foregoing licenses in subsections (i) and (ii) pertaining to How-to Content lapse when User successfully remove that content from the Services (pursuant to and subject to the duly completion of the content removal procedures applicable under the Services at such time); The foregoing license pertaining to other type of User Content (including any comments or other text submitted by User to the Services) are perpetual and irrevocable. Subject to the foregoing licenses, as between the User and Wehows, User will retain all of its ownership rights in its User Content. User understands that the only obligation of Wehows in any event of termination or expiration of the foregoing licenses in subsections (i) and (ii) is to remove the relevant User Content from the Website. User acknowledges that Wehows cannot and will not be responsible for any use of the User Content by other User (including, other User’s compliance with the terms of the foregoing license).
2.4. Wehows hereby grants the User, a limited, fully revocable, personal (non-commercial), non-transferable, non-exclusive and non-sub-licensable license to use the Service pursuant and subject to these Terms. Wehows may revoke that license, and any right granted to User thereunder, at any time, without need to provide any notice to User, all at at Wehows’s sole discretion.
2.5. As between User and Wehows any content, information, logos, trademarks, graphics, designs, text, images, data, and material displayed, made available or presented in connection with the Website or Services, except any User Content (collectively, the “Wehows Materials”) shall be deemed as Wehows’s sole property and may be the copyrighted and/or trademarked and/or otherwise protected work of Wehows and/or Wehows’s licensors.
2.6. As between User and Wehows, Wehows retains all rights (including any and all intellectual property rights), title and interest in and to the Website, Services, Analytic Data, the Wehows Materials an any part thereof (including any information, software, hardware and other technology and know-how in connection thereto) (collectively, “Wehows Properties”). The terms herein will survive any expiration or termination of these Terms or the Services.
2.7. Wehows Properties and any information pertaining thereto are Wehows’s confidential and proprietary information (“Confidential Information”). User hereby undertakes (i) not to, in whole or in part, disclose such Confidential Information to any person or organization under any circumstances; and (ii) not to make use of any such Confidential Information except for using the Services as explicitly permitted according to these Terms;
3.1. The User may not, whether itself or trough any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, determine any source code algorithms, methods, or techniques of, or disassemble any portion of the Services, Wehows Properties (including any content available thereunder, including, any User Content and Third Party Content (collectively, the “Content”)), or in any way or publicly display, perform, or distribute the Content; (ii) download, save, print or otherwise store any Content or make use of such Content available on any other website or networked computer environment for any purpose, without Wehows’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user’s right (including privacy and intellectual property rights), harvest or collect information about visitors or users of the Service and/or Wehows Properties without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Services and/or Wehows Properties any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with, damage or disrupt the operation or any security-related features of the Wehows Properties or the Content, or the servers or networks that host the Wehows Properties or make the Wehows Properties or the Content available, or disobey any requirements, procedures, policies, or regulations of such servers or networks or gain unauthorized access, or restrict or inhibit use by others; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content (except to User Content of that User) and/or the Wehows Properties; (ix) frame or mirror any part of the Wehows Properties or Content or create a competitive business to the Wehows Properties (including, for avoidance of doubt the Services), Third Party Services and Content, User Content or services of other Users; (x) forward any data generated from the Wehows Properties without the prior written consent of Wehows; (xi) transfer or assign User accounts’ password, even temporarily, to a third party; (xii) use the Wehows Properties for any illegal, immoral or unauthorized purpose; (xiii) use the Wehows Properties and Content (except User Content of that User) for non-personal or commercial purposes without Wehows’s express prior written consent; (xiv) Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Wehows Properties technology or any software thereto; (xv) infringe or violate any of these Terms; (xvi) breach any term within the then applicable Third Parties Policies and (xvi) allow any third party to infringe any of the foregoing; (xvii) remove or alter, any copyright, trademark, confidentiality or other proprietary notices, designations, or marks of the Wehows Properties or Content; (xiii) use any robot, spider, or other system, device or mechanism to access the Services or Content or use any other technology or take any action that can manipulates identifiers or other data in order to disguise the origin of any Content or to manipulate or disguise User’s presence on the Services; (xiv) collect or store personal information about any person or entity; (xv) upload any sensitive information to the Services; (xvi) access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for real time viewing (streaming) of the Content; (xvii) download (either permanently or temporarily), copy, store, or redistribute any Content; (xviii) collect or harvest any personal data of any User; (xix) use Wehows Properties (including the feature of the Services that allows interactions between the Users) for the solicitation of business in the course of trade or in connection with a commercial enterprise; (xx) use Wehows Properties (including the feature of the Services that allows interactions between the Users) for the solicitation of business in the course of trade or in connection with a commercial enterprise; (xxi) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Wehows and the respective licensors of the Content; (xxi) advertise, promote or solicit any goods or services through the Services for any commercial purpose except as expressly authorized by Wehows; (xxii) use Wehows Properties (including any feature of the Services) or any Content in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose Wehows, any User, Third Party Providers, or any other third party, to legal liability; (xxiii) contains any unauthorized or unsolicited ideas or submissions, offers, advertising, promotional materials, surveys, “junk” or bulk mail, “spam,” chain letter,” “pyramid schemes,” investment opportunity, petitions, or other forms of solicitation; (xxiv) impersonates any person, firm or entity, including any of Wehows employees, partners, licensors, licensees or suppliers, Third Party Providers; (xxv) provide or upload Wehows Properties (including by using any feature of the Services) any content that: (a) presents any risk to public safety or promotes the dangerous or unlawful use of ammunition, explosives, firearms, weapons or other similar materials; (b) involves or helps promote unlawful gambling, sports betting, horse or greyhound racing, or any other similar activity; (c) violates any code of conduct or other guidelines applicable to any area of the Services; (d) includes forged headers or data or creates accounts through unauthorized means (such as an automated bot, script, device spider, scraper or crawler); (e) is misleading or false, or falsely implies an endorsement by Wehows, its affiliates, employees, partners, licensors, licensees or suppliers (including, Third Party Providers) or any other Users; (f) is threatening, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libelous, fraudulent, offensive, inappropriate, obscene, pornographic, vulgar, racially or otherwise objectionable or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (h) contains sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Wehows, Third Party Providers, any User or any other third party; (f) otherwise contains content that violates any laws, rules, regulations or policies of any competent jurisdiction.
4.1. THE USER ACKNOWLEDGES AND AGREES THAT THE WEHOWS PROPERTIES, THE SERVICES AND CONTENT (INCLUDING WEBSITE, USER CONTENT, THIRD PARTIES SERVICES AND CONENT, AND ANY OTHER INFROMATION OR CONTENT AVIABLE UNDER ANY OF THE FOREGOING) ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT USER’S OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WEHOWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEHOWS PROPERTIES (INCLUDING ANY CONTENT, INFORMATION, SOFTWARE, LINKS, ADVERTISEMENT, DEEP LINKING AVIABLE THEREUNDER), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, ANY TRAFFIC OR EXPOSURE OF USER CONTENT; COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES.
4.2. User further assumes full, exclusive and sole responsibility for the use of and reliance on the Services (including in respect of any Content (including User Content) and any Third Party Services and Content) and on any responses or information provided to the User through the Services or Wehows Properties (including Website) and acknowledges that any use of or reliance on the Services or any of the foregoing such responses or information or content available thereunder is made entirely at the User’s own risk.
4.3. WEHOWS AND ITS AFFILIATES (INCLUDING THIRD PARTIES ADVERTISERS OR SERVICES PROVIDERS) OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS (“WEHOWS PARTIES“) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM WEHOWS PROPERTIES, THE SERVICES AND CONTENT (INCLUDING WEBSITE, USER CONTENT, THIRD PARTIES SERVICES AND CONENT, AND ANY OTHER INFROMATION OR CONTENT AVIABLE UNDER ANY OF THE FOREGOING) (TO THE EXTENT APPLICABLE)). in particular, Wehows will not be liable to user for any loss or damage which may be incurred by User as a result of: (a) any reliance placed by User on the completeness, accuracy or existence of any advertising, How-to Content or as a result of any relationship or transaction between User and any Third Party Provider (including, any vendor or other advertiser or sponsor whose advertising or products or services appears on the Services); (b) any changes which Wehows may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Service); (c) the deletion of, corruption of, or failure to store, any Content (including User Content) and other communications data maintained or transmitted by or through User’s use of the Service; (d) any changes which Wehows may make to the User Content (including, How-to Content); (e) User’s failute to provide Wehows with accurate account information; (f) User’s failure to keep its password or Wehows account details secure and confidential
4.4. WEHOWS TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS AND IN CONNECTION WITH SERVICES AND/OR WHOWS PROPERTIES AND/OR CONTENT AND/OR IN CONNECTION TO ANY OTHER INFORMATION OR DATA PROVIDED THERE THROUGH (INCLUDING CONTENT PROVIDED BY THIRD PARTIES SERVICES PROVIDERS OR OTHER USERS), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY THE USER IN CONNECTION TO THE SERVICES DURIN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT DAVE RISE TO THE CLAIM; OR IN CASE NO SUCH FEES APPLY, WEHOWS SHALL HAVE NO LIBALITY WHATSOEVER. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS SECTION SHALL SURVIVE THE EXPIRATION AND/OR TERMINATION OF THIS AGREEMENT. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WEHOWS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, WEHOWS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WEHOWS WOULD NOT BE ABLE TO OFFER THE SERVICES.
4.5. No action arising in connection with these Terms and/or in connection with the Wehows Properties, Content and/or Services and/or in connection to any other information or data provided there through or therewith (including content or information provided by Third Party Providers or other Users), regardless of its form, may be brought by any User more than twelve (12) months after the cause of action has occurred. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements User engagement with Wehows.
4.6. The terms under Section 4 will survive any expiration or termination of these Terms or the Services.
4.7. The limitations on Wehows’s liability to User in this Section 4 above shall apply whether or not Wehows has been advised of or should have been aware of the possibility of any such losses arising.
5.1. User agrees to defend, indemnify, and hold harmless each of the Wehows Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of the Wehows Properties, Services or Content; (ii) User’s violation of any term of these Terms (including for any consequences of any of such violation); (iii) User’s violation of any third party right, including any copyright or other intellectual property, property, or privacy right. Wehows reserves the right, at User’s expense, to assume the exclusive defense and control of any matter subject to indemnification by User. The defense and indemnification obligations herein will survive any expiration or termination of these Terms and the termination of User’s use of the Wehows Properties or Services. User shall cooperate fully as reasonably required in the defense of any claim.
6.1. Termination of Services. These terms will continue to be in effect and binding upon the User until terminated, by either the User or Wehows, pursuant the provisions of these Terms. User may terminate these Terms by either: (a) notifying Wehows at any time by a written notice to Wehows’ address which set out below; (b) termination the User account. User should note that on receiving such a request, Wehows will use reasonable efforts to remove that User Content from the Services, however User Content may be retained on Wehows’s back-up systems (if any) for some time and Wehows cannot remove any information or content it share with third parties as indicating hereunder. User may stop using the Services at any time and User does need to specifically inform Wehows when that User stop using the Services. Wehows retains the right to block User’s access to the Services and discontinue User’s use of the Services or terminating User account, at any time and in any way, to the extent Wehows assumes, at its sole and absolute discretion, that the User fails to comply with any provision of these Terms. Sections 1.7, 2.1-2.3, 2.5-2.8, 3-6 (inclusive) will survive any expiration or termination of these Terms or the Services.
6.2. Waiver; Severability. The failure to require performance of any provision shall not affect Wehows’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
6.3. Assignment. Wehows may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization. The User may not assign its rights and obligations hereunder.
6.4. Choice of Law. The Wehows Properties, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. The User agrees that all such disputes will be brought exclusively in the appropriate courts of Tel Aviv, Israel.
6.5. Amendments and Modifications. Wehows, at any time and from time to time, may modify These Terms or other policies. Modifications to these Terms or policies will be posted on the Website or otherwise though the Services. By making any attempt to use of the Services, or any part thereof, the User undertakes to be bound by the terms of such modifications.
6.6. Notification & Promotions. Wehows may provide notices to the User by email to the email address specified by the User (to the extent that the User have been requested to submit its email), by posting a message to User’s account interface or by posting a message through the Services, and is deemed received when sent or posted. Any notices to Wehows or question regarding to these Terms may be sent to: firstname.lastname@example.org.
Furthermore, Wehows and Third Party Providers may also deliver to User certain content (such as marketing materials, advertisements, sponsored materials, offers regarding products or services or promotions) by displaying such content on User’s computer or other applicable device (even outside the context of the Website) or through the e-mail address or User’s cellular telephone number (including by a way of electronic message), provided that such details were provided by the User to Wehows. User hereby provides its consent to receive such content
7.1. Illegal Content. Wehows does not permit the utilization of its Services for illegal purposes. Accordingly, if User believes that any content that has been made available through the Services infringes any of its individual legal rights (including intellectual property rights) (“Alleged Infringing Content”), such User may provide the defined below Designated Person with necessary information (according to the terms specified below).
7.2. Notice. Wehows has nominated one of its employees (details of which are provided in Section _7.4 below) (“Designated Person“) to receive notifications about Alleged Infringing Content made available through the Services (“Notice“). If Alleged Infringing Content has been made available to User through the Services, such User may provide the Designated Person with the following information in writing:
7.2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2.2. Identification of the right claimed to have been infringed, or, if multiple rights are claimed to have been infringed at a single content unit, a list of all rights allegedly infringed.
7.2.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wehows to locate the material.
7.2.4. Information reasonably sufficient to permit Wehows to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
7.2.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of infringes its rights, or applicable law.
7.2.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2.7. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please consider seeking legal advice before submitting Notice.
7.3. Counter-Notice. Wehows respects other parties’ rights to the materials served through the Services. Therefore Wehows may, at its discretion, give the party presenting the Alleged Infringing Content the opportunity to present his response to the Notice (“Counter-Notice“) as follows. Counter-Notice must be a written communication provided to the Designated Person and at least include the following:
7.3.1. A physical or electronic signature of the subscriber.
7.3.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
7.3.3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and that the provision by Wehows material does not violate applicable law.
7.3.4. The subscriber’s name, address, and telephone number.
7.3.5. Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consider seeking legal advice before submitting Counter-Notice. If a Counter-Notice is submitted with respect to any Alleged Infringing Content, Wehows will notify the Notice provider of such Counter Notice. Thereafter, if Notice provider does not provide Wehows with a statement under penalty of perjury that it has filed a claim to a court of a competent jurisdiction with respect to the Alleged Infringing Content, within 14 business days after Wehows had notified him of such Counter Notice, Wehows will be free to continue to use the Alleged Infringing Content.
7.4. Wehows’s Designated Person. Wehows’s Designated Person to receive Notices and Counter-Notices of claimed infringement can be reached as follows:
Name: Liran Gabai
Address: Tel Aviv
7.5. General provisions concerning notices. (i) All Notices or Counter-Notices must be submitted in English or Hebrew to the Designated Person. Notices or Counter-Notices not submitted to the Designated Person will not be answered. If translated materials are submitted, please provide a notarized authorization of the translations; (ii) User acknowledges that if it fails to comply with all of the requirements of Section _7 (inclusive) User Notice and/or Counter-Notice may be invalid and not dealt with by Wehows; and (iii) Only Notice and/or Counter-Notice should go to the Designated Person. Wehows reserves the rights to demand additional information, details, technical evidence to support any Notice or Counter Notice provided, and reserves the right not to deal with any Notice or Counter Notice not supported with such additional information required; (iv) it is hereby clarified that nothing provided in Sections _7 (inclusive), shall derogate from Wehows’s right to remove or not remove any content provided through its Services (whether Alleged Infringing Content or not).