User Agreement

PLEASE READ THESE TERMS OF USE WITH ATTENTION BEFORE USING THE SERVICES OFFERED BY ForeShop Holdings Group, LTD (“We”, “Us” and “ForeMedia”). BY REGISTERING ON OUR PORTAL(“ForeMedia.net” and “Site”). Advertiser and Publisher (“You”) AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE Terms Of Use, YOU MAY NOT USE OUR SERVICES.

Right to Access and Use ForeMedia

ForeMedia grants you limited access to use the Site according to the conditions as set out in the Terms Of Use. Between ForeMedia and you, title, ownership rights, and intellectual property rights in and to the Site and any by-products or changes thereof, in any way possible, remain with ForeMedia and/or ForeShop Holdings Group, LTD. You agree that ForeMedia may modify or discontinue the Site or any of its services at any time in its sole discretion. The Terms Of Use does not authorize you to any support, upgrades, updates, add-ons patches, enhancements, and/or fixes for the Site except in our sole discretion. You do not reserve any right, title, or interest in any content on the Site by virtue of using the Site or making use of the permitted services allowed under these Terms Of Use. No license to use or duplicate any logo or trademark included on the Site is approved to you by these Terms Of Use or otherwise. The trademarks, logos, service marks, and business names illustrated on the Site are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Site and any unwarranted reuse, reproduction and/or other use of any part of the Site may breach our or third parties’ copyrights, trademarks, privacy, publicity, and/or other rights. Including, with no limitation, the use of automated systems or softwares to harvest data from the Site for commercial purposes (also known as screen scraping), unless you have a written consent document with us particularly to this extent.

Description of Services

Within our services, we provide platforms alongside managed Services to expedite Advertisers and Publishers engaging in marketing relationships to create and/or distribute content through other sources including but not limited to websites, social networks, and video/image publishing platforms, under your acceptance of and compliance with these Terms Of Use. An advertiser or publisher of a website will only use our services if they wish to engage in marketing relationships to create and/or distribute content and for no other reason. The use of our Services and platforms are not exclusive to any advertiser or publisher. Each time you use the ForeMedia portal, the current version of the Terms Of Use will apply.

Information Usage

Under no circumstances will you divulge, record, or abuse any information connected to websites found in our platform, including but not limited to URLs, descriptions, and images. If, in any way, you are affiliated with, agents of, working for, or employed by any internet search engine organization you may not register to use our website or Services. All Publishers are prohibited from directly contacting any ForeMedia Advertiser. All Advertisers are prohibited from directly contacting any ForeMedia publisher. A publisher is prohibited to divulge any ForeMedia advertiser information to any third party, including but not limited to, any search engine organization. An advertiser is prohibited from divulging any ForeMedia publisher information to any third party, including but not limited to, any search engine organization.

Marketing

We can market our Services to any email address entered into any of our websites or affiliates. You may, at any time opt-out of our mailers.

Privacy and Use of Cookies

Any information provided during access to the Site and the uses of the Site are managed by ForeMedia’s Privacy Policy. By using the Site, you agree to our processing protocols of your Information, if any, as stated in our Privacy Policy. Any dispute over privacy is subject to the Terms Of Use and Privacy Policy.
We also use cookies and other automated processes of data gathering on our Site. Please read our Cookie Policy in the Privacy Policy to understand how we use cookies and such other automation tools on the Site.

Limitations

In connection with your use of the Site, you will not, and will not allow any third party to do any of the following:

a) Link to or use the Site in connection with any material that contains:

  • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
  • Obscene, defamatory, libelous, slanderous and/or unlawful content;
  • Content that breaches the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
  • Inflammatory religious content;
  • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
  • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or the language of such individual or group.

b) Change or remove any copyright, trademark, hyperlink, and/or other proprietary rights notices contained within the Site;

c) Attempt in any way to discover the source code or structure, sequence, and organization of the Site or any content contained in it;

d) Use the Site in any manner that could harm the Site, ForeShop Group LTD, the third-party site, website, or application on which the Services are available, or any other person or entity in any way; or

e) Collect any information (including email addresses) about other visitors of the Site; create or transmit unwanted electronic communications to other visitors of the Site, or otherwise interfere with such visitors’ enjoyment of the Site.

Unless otherwise expressly authorized in these Terms Of Use or on the Site, you may not take any action to interfere with the Site or any other visitor’s use of the Site. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Site without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Site.

You agree not to use the Site for illegal purposes(of any of the possible ways that are illegal). You agree that you will comply with all laws related to your use of the Site.

Where appropriate, for example, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you will not use information about any other person.

Limitation of Liability and Disclaimers

ALL PROVISIONS STATED BELOW IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT ADMISSIBLE PURSUANT TO APPLICABLE LAW.

THE SITES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITES AT YOUR OWN RISK. FORESHOP GROUP HOLDINGS, LTD, DOES NOT WARRANT OR MAKE ANY PORTRAYAL REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FORESHOP GROUP HOLDINGS, LTD, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FORESHOP GROUP HOLDINGS, LTD, DOES NOT WARRANT THAT THE SITES OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVERS THAT MAKE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FORESHOP GROUP HOLDINGS, LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.

FORESHOP GROUP HOLDINGS, LTD, OPENLY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITES. IN NO EVENT SHALL FORESHOP GROUP HOLDINGS, LTD, ITS PARENT, ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR (VI) OTHERWISE RESULTING FROM THE USE OF THE SITES.

Confidentiality

While using our Services, you may come in to possession of various confidential and in any possession of the company’s information and material, and secrets of trade which may include, without limitation, all information shared with or made available by us to you, in any format, including, without limiting the generality of the following: technical and non-technical data, formulas, compilations, computer programs and software, methods, techniques, designs, computer codes and all other materials, whether written or oral, tangible or intangible, which we hold confidential and have not been disclosed publicly. All such information provided, whether before or after the date stated in these Terms Of Use, and regardless of the manner in which it is provided, is referred to as “Proprietary Information”. You will not use any Proprietary Information for any purpose whatsoever other than in connection with us. Unless the company agreed to in advance and has been given written consent by us, and except as required by law, you shall forever hold the Proprietary Information in confidence without limitations, and shall not be disclosed, Revealed, Shared and/or Published any said Proprietary Information to any person or party for any reason whatsoever. You will not have an obligation with respect to information which (a) on the date hereof is known to the public (b) following to disclosure hereunder is lawfully received from a third party having rights therein without restriction of dissemination, (c) prior to disclosure hereunder was within your legitimate possession and which can be confirmed by contemporaneous written documentation, (d) the release of which is authorized previously in writing by us, or (e) is ordered to be produced by a court of competent jurisdiction. In the event you are required by applicable law or regulation or by legal process to disclose any Proprietary Information, you will provide us with prompt notice of such request(s) and will furnish only that portion of the Proprietary Information which, in the opinion of your counsel, you are legally compelled to disclose.

Indemnity

To the fullest extent permitted  pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless ForeMedia, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective  employees, officers, directors, representatives and/or agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of any Site used in violation of these Terms Of Use, including without limitation (i) all matters related to your access to and use of any ForeMedia online services, including, without limitation, your use of the Sites, (ii) your violation of any provision contained in the Terms Of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Sites caused damage to a third party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.

Links to Other Sites/Websites/Applications

The Site, including the content therein, will be allowed to contain links to third-party sites, websites, or applications. These links are provided as an added service to you. ForeMedia does not control and will not be held responsible for the content of such third-party sites, websites, or applications or the acts of the operators of such third-party sites, websites, or applications, and does not make any representation regarding the accuracy, copyrights or other legal or regulatory compliance, legality, or decency of any content or other materials on such third-party sites, websites, or applications. ForeMedia encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk. Your use of all third-party sites, websites, or applications are subject to the applicable policies of those third parties.

Termination 

ForeMedia reserves the right, at any time and in its sole discretion, to suspend the use of the Site in whole or in part, and prevent any person or entity from access to the Site. Upon termination for any reason, Sections – General, Limitation of Liability and Disclaimers and Indemnity will survive.

General

The State of Israel shall govern The Terms Of Use and your use of the Site by its laws, without regard to its conflict of laws principles, unless otherwise stated by mandatory laws. Any action shall be brought exclusively in the courts located in the city of Tel Aviv, Israel and you hereby consent to such jurisdiction and venue to the extent permitted by applicable law. Any claim, action, or proceeding by you related in any way to the Site shall not be instituted more than one (1) year after the cause of action arose. If any provision of the Terms Of Use (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms Of Use and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. The failure of ForeMedia to insist upon or enforce any of the provisions of these Terms Of Use, or to exercise any rights or remedies under these Terms Of Use, will not be construed as a waiver of ForeMedia’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms Of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms Of Use and Privacy Policy constitute the entire agreement between you and ForeMedia with respect to the offering of our Site to you.

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