Terms Of Use
Welcome to the website https://anybook.ai/ (hereinafter, and together with its subdomains, content, marks and services: the ‘Website’) and/or to the Anybook cellular application (the ‘Application’). The Website and the Application, jointly and severally, shall be referred hereinafter: the ‘Services. ’Please Services. ’Please read carefully the following Terms of Use before using the Services so that you know your legal rights and obligations in Frebo App. Ltd (‘Anybook, ’‘We,’ ‘Ours’ or ‘Us’). When logging to the Website or using the Website you confirm and agree expressly that you enter into a legal contract with Us, and that you understood and that you agree to act in accordance with these Terms of Use and are obligated to observe them in accordance with the law, together with the Privacy Policy (the ‘Terms’).You hereby waive your entire rights to demand an original (and not electronic)signature in connection with these Terms. In the event you do not agree to observe these Terms, please do not log in or use the Services. In these Terms of Use words which are in the masculine gender shall be deemed to include the feminine gender, and vice versa.
1. Background. The Services are intended to create a virtual space for the purpose of exchanging books between users.
2. Change. We reserve the right, at our discretion, to change these Terms at any time. Such change will enter into force ten (10) days after the publication of the amended Terms in the Website and/or in the Application, and the continuation of your use of the Services afterwards implies that you accept these changes.
3. Acceptance of Terms. The Services are intended solely for persons who are eighteen (18) years of age or older. If you are under 18 years of age, please do not use the Services.
4. Access to the Website. Whenever these Terms are in effect, we hereby grant you permission to visit and use the Website on the condition that you comply with these Terms and the relevant laws.
5. License. Subject to these Terms, to the extent that you use the Application, we hereby grant you a general, cancelable, non-exclusive, non-transferable License without the right to grant sub-licenses (the ‘License’): (a) to download, install and use the Application in a mobile phone, a tablet or a device (each of the afore said: ‘Device’) that you own or control; and (b) to access and use the Application in the Device in accordance with these Terms.
6. Limitations. The following actions are strictly prohibited: (a) reproduction, distribution or modification of any part of the Services without obtaining our prior and written approval;(b) using, altering, creating derivative works, transferring (by way of sale, reselling, granting of a license, granting of a sub-license, downloading or other), reproducing, distributing, displaying, presenting or revealing Content(as hereinafter defined), without obtaining our express approval; (c) disrupting servers or networks that are connected to the Services; (d) using an automatic system (including “robots” and “spider bot”) for the purpose of gaining access to the Website; (e) to disassemble, perform reverse engineering, decode or try to retrieve the source code of the Application; and/or (f) bypass, shut down or disrupt in any other manner the security of the Services or features that prevent or that limit any use or reproduction of any Content, or that impose limitations on the use of the Services.
7. Account. For the purpose of using the Services you are required to create an account (the ‘Account’).You agree not to create an Account for any other person except for yourself or use the Account of others without obtaining their permission. When creating an Account, you are required to provide full and accurate information. You are solely responsible for the activities in your Account, and you are required to protect your Account password. You are required to notify Anybook immediately regarding any security breach or unauthorized use of your Account. In the relationship between you and Anybook, you are solely responsible for the activities in your Account. In the event you wish to delete your Account, you may send a request for the purpose of this matter to: info@anybook.ai.
8. Payments to Anybook. Save as provided expressly in the Terms of Use, your general right to access the Services and use the Services is free of charge at present, however Anybook might charge payment in the future in respect of access or certain services. You will not be charged for any access or such use of the Services unless you first agree to make these payments, however please note that any failure to pay relevant amounts might cause circumstances in which you will not have access to all or part of the Services.
9. Intellectual property rights
9.1. Content and marks. (a) the content in the Services, including the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sound, videos and the interactive features (hereinafter collectively: the ‘Materials’) and (b)users’ uploads as hereinafter defined (jointly with the Materials: the ‘Content’),and (c) trademarks, service marks and logos contained therein (the ‘Marks’)are the property of Anybook and/or its licensors and might be protected by valid copyright or other treaties and laws concerning intellectual property rights. ‘Anybook,’ the Anybook logo and other Marks are the Marks of Anybook or its extensions. All other trademarks, service marks and logos that use the Services are the trademarks, service marks or the logos of their owners respectively. We reserve all rights that were not granted expressly for the Services and the Content.
9.2. Using the Content. The Content provided in the Services is provided for your personal information and use only, and may not be used, altered, reproduced, distributed, broadcasted, displayed, sold, licensed, decompiled or used in any other manner for any other purpose without obtaining our prior and written approval. If you download or print a copy of the Content, you are required to protect all copyright and other proprietary communications contained therein.
10. User uploads
10.1. Liability. The Services permit users to upload, share and post Content by you and by other users, including reviews, ranking and/or any other user Content (‘User Uploads’).You acknowledge that whether or not such User Uploads are posted, we do not guarantee any confidentiality with respect to any of the User Uploads. You shall be solely liable for your User Uploads and the implications of uploading and posting such materials. We have full discretion to decide whether or not to post your User Uploads and we reserve the right, at our sole discretion, whether to post your Used Uploads and we reserve the right, at our sole discretion and without delivering to you any further notice, to supervise, censor, edit, remove, delete and/or remove all Content published in the Services (including User Uploads) at any time and for any reason.
10.2. Ownership. You declare and warrant that you own or that you hold the rights and permissions that are required for the use and to empower Anybook to use the entire intellectual property rights (as hereinafter defined) in your User Uploads, and for the purpose of enabling their use according to plan by these Services and these Terms. Unless there is a separate reference to User Uploads, all references to the content will include references to the User Uploads. ‘Intellectual property rights’ shall mean all rights, whether foreign or domestic, in all trade secrets, patents, copyright, service marks, trademarks, know-how or other similar intellectual property rights, and all moral rights, privacy rights, advertising and similar rights of any kind in accordance with the laws and regulations of any governmental, regulatory or judicial authority, whether foreign or domestic. For the avoidance of doubt, you shall retain the ownership rights in your User Uploads.
10.3. License for User Uploads. By providing the User Uploads to Anybook, you hereby grant to Anybook a global, irrevocable, non-exclusive, royalty-free, unlimited License with the right to grant sub-licenses and transferable for the purpose of using, duplicating, distributing, creating derivative works and displaying the User Uploads in connection with the Services and the Anybook business, including for the purpose of advertising and repeated distribution of part or all of your User Uploads (and their derivative works) in any format and media and in all media channels, and you hereby waive moral rights in your User Uploads, to the extent permitted by law. You hereby grant to any user of the Services anon-exclusive right to use, duplicate, distribute, create derivative works, present and perform such User Uploads, in accordance with these Terms.
10.4. Prohibited Content. You agree not to display, advertise or upload User Upload that: (a) is unfair or misleading in accordance with the consumer protection laws in any jurisdiction;(b) is protected by copyright, protected by a trade secret or is subject in any other manner to proprietary rights of a third-party, including privacy rights and advertising, unless you are the holder of these rights or that you obtained a license in connection therewith from the holder of the said rights; (c)creates a risk to the wellbeing or the health of a person, creates a risk to public safety or health, harms the State security or obstructs an investigation conducted by the law enforcement authorities; (d) impersonates another person;(e) promotes the use of illegal drugs, is in violation of export laws, refers to illegal gambling or trade in illegal weapons; (f) is illegal, slanderous, defamatory, intimidating, pornographic, harassing, manifests hatred or racism or is offensive against different ethnic groups or encourages a behavior that will be considered as a criminal offense or that gives rise to civil liability, and is in violation of any law or is inappropriate; (g) involves theft or terrorism; or (h) constitutes malice or fraud in any manner.
10.5. Exposure. You acknowledge and confirm that when accessing and using the Services: (a) you will be exposed to Our Uploads from a variety of sources, and that Anybook is not responsible for the accuracy, usability, safety or intellectual property rights or anything related to these User Uploads; and (b) you might be exposed to User Uploads that are incorrect, offensive, obscene or objectionable. You hereby agree to waive any legal or moral rights or any reliefs you may seek against Anybook with respect to the matters presented in paragraphs (a) and (b)above.
11. Privacy. We will use personal data that we will collect or obtain in connection with the Services according to our Privacy Policy that is available in the following link: https://anybook.ai/privacy-en. You agree that we might use the personal data that you use or make available for us according to the Privacy Policy.
12. Copyright policy. We respect the legitimate rights of the holders of intellectual property rights and we will respond to clear notices regarding alleged copyright infringement. If you were exposed to copyright infringement, contact us in the following email: info@anybook.ai.
13. No representations.
13.1. This section shall apply whether or not the Services are provided in return for payment. The applicable law might prohibit exclusion of certain representations, and accordingly certain exclusions from the exclusions as stated hereunder might not apply.
13.2. The Services are provided “AS-IS” and without any representations, whether express or implied, including representations relating to negotiability, ownership, capacity for certain purposes, no infringement of third-party rights, and rights stemming in accordance with a law or a trading practice. Anybook does not warrant that the Services will be free from malfunctions, security breaches or virus attacks. The Services might not be available at all times as a result of current maintenance, upgrade or other reasons. You agree that Anybook will not be held liable towards you or towards any third-party for any circumstances that might be caused as a result of technical internet problems, slow connections, high traffic or overload in our servers, or any other reason.
13.3. Anybook is not responsible for any content displayed in the User Uploads, and shall not create any representation or undertaking and removes any liability in connection with such Content.
13.4. You acknowledge that Anybook shall not be held liable for the User Upload or to the user conduct (including defamation, abusive or harmful content or negligent conduct) of any of the users in the Services.
13.5. Users shall be solely responsible for the activity of exchanging the books and Anybook shall not be held liable towards users and/or third-parties in connection with this activity, including failure to return books, theft of books, damage caused as a result of or in connection with there placement of books.
13.6. Save as provided expressly in our Privacy Policy, Anybook does not make any representations, whether express or implied, in connection with the Content security or in connection with your activities in the Services.
14. Limitation of liability.
14.1. Subject to the applicable law, Anybook shall not be held liable for any direct, indirect, special, consequential or casual damage of any kind, or for the loss of data, revenues or profits stemming from your use of the Services or the inability to use the Services, even if Anybook is aware of the possible damages or loss.
14.2. The aggregate liability of Anybook for any damage caused in accordance with these Terms or in consequence of your use, or the inability to use the Services shall not exceed, under any circumstances, the total amount of the payments that you paid to Anybook in connection with the use of the Services in the three (3) months that preceded such claim.
15. Indemnification. You agree to protect and indemnify Anybook, its related companies, officers, directors, employees and their agents, in connection with any claim, damage, obligation, loss, cost and expense (including attorney fees) stemming from: (a) your use of the Services; (b) your User Uploads; (c) your interaction with any user of the Services; or (d) your breach of these Terms.
16. Term and termination of the Agreement. These Terms shall be in effect until their termination by Anybook or by you. Anybook reserves its exclusive right to terminate these Terms and/or limit and/or deny your access to the Services or any part thereof, immediately and at any time, whether or not for a reason (including in respect of breach of these Terms). Anybook shall not be held liable towards you or towards a third-party in respect of the termination of the Services or any part thereof. In the event you object to any term or any of the terms set forth in these Terms, or any subsequent modification of these Terms, your sole option is to terminate immediately the use of the Services. Upon expiration of these Terms, you are required to terminate your use of the Services. The provisions set forth in section 16 and sections 9 (Intellectual Property Rights), 10.3 (License for User Uploads), 11 (Privacy), 13 (No Representations), 14 (Limitation of Liability),15 (Indemnification) and 17 (Relationship between the Parties) to 20 (General)shall be in effect even after expiration of these Terms.
17. Relationship between the Parties. You and Anybook are independent contractors. Nothing contained in these Terms shall give rise to any partnership, joint venture, agency or employer-employee relationship between you and Anybook. You are strictly prohibited from making any representation on behalf of Anybook.
18. Assignment. These Terms and all rights and licenses granted hereunder, may not be transferred or assigned by you, however Anybook shall be entitled to assign them without limitation or advance notice. Any assignment that you make is prohibited and shall be null and void.
19. Governing law. Anybook reserves the right to terminate or modify any aspect of the Services at anytime. These Terms shall be construed in accordance with the laws of the State of Israel. The courts of Tel Aviv - Yafo shall have exclusive jurisdiction in connection with these Terms, provided that Anybook is entitled to seek an injunction in any court in any competent jurisdiction.
20. General. These Terms constitute the entire agreement between you and Anybook in connection with the Services. If any of the provisions set forth in these Terms is held invalid by a court in a competent jurisdiction, such invalidation as said shall not affect the other provisions set forth in these Terms that shall remain in full force and effect. No waiver of any of term in these Terms shall be deemed as additional or continuing waiver of such a term as said and the avoidance of a party from the realization of any of the rights granted under these Terms shall not constitute waiver of such a right as said. You agree that you are obligated to raise any argument in connection with the Services in one (1) year after the reason for such argument arises.
21. Apple Terms of Use
21.1. The following provisions shall apply to any Application that you purchase from the I-TUNES store: without derogating from the limitation of liability sections and no representation sections as stated in these Terms, you confirm and agree that: (a) these Terms are concluded only between you and Anybook and not with Apple Inc. (‘Apple’); (b) Anybook, and not Apple, is solely responsible for the Application and the Content contained therein;(c) Anybook is solely responsible for the provision of support and maintenance services for the Application, subject to the provisions set forth in these Terms or as required under the relevant law; (d) Apple is not liable and is no t obligated to provide any maintenance or support services in connection with the Application; Apple shall not be held liable in any other manner, to the maximum extent permitted by applicable law, for Application and the provisions set forth in these Terms and any law that applies to Anybook as the vendor of the Application shall apply with respect to any loss, claims, obligations, damages, costs or other expenses relating to failure to meet the relevant terms of warranty; (e) you confirm that Anybook, and not Apple, shall be responsible for handling any of your claims or of any third-party claims in connection with the Application or your possession and/or use of the Application, including, but not limited to: (1) claims alleging that the Application fails to satisfy any legal requirement or relevant arrangement; and (2) claims stemming from consumer protection laws or other similar legislation; (f) in the event a third-party claim alleges that the Application or the possession or the use you make in the Application infringes third-party intellectual property rights, Apple shall not be responsible for investigating, protecting, arranging, settling and eliminating any claim on the grounds of intellectual property rights infringement; (g) Apple and its subsidiaries constitute a beneficiary (as a third-party) of these Terms, and by your mere consent to these Terms and the instructions set forth in there Terms Apple is entitled (and Apple shall be deemed to have accepted this right) to enforce these Terms against you, as a third-party that is a beneficiary of this Agreement; (h) the use of the Application shall be made also subject to the rules of use laid down by Apple, including the rules laid down in the Terms of Use of the Apple App Store, and the said rules shall enter into force as of the date you agree to the Application Terms of Use; (i) the license of use granted herein is limited to a non transferable right to use the Application on an iPhone, iPod Touch, iPad or another Apple brand product that you own or control and that operates iOS.
21.2. You declare and warrant that: (a) you are not in a state that is subject to an embargo imposed by the U.S. Government or a state that was defined by the United States as a ‘terrorist supporting’ state; and (b) you are not listed in a list of prohibited or limited parties issued by the U.S. Government.
21.3. You agree to accept the Apple Licensed Application End User License Agreement in connection with end users, constituting part of the Terms of Use of the Apple App Store, as amended from time to time, and that appear in the following link: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Recently updated: May 2021
1. Background. The Services are intended to create a virtual space for the purpose of exchanging books between users.
2. Change. We reserve the right, at our discretion, to change these Terms at any time. Such change will enter into force ten (10) days after the publication of the amended Terms in the Website and/or in the Application, and the continuation of your use of the Services afterwards implies that you accept these changes.
3. Acceptance of Terms. The Services are intended solely for persons who are eighteen (18) years of age or older. If you are under 18 years of age, please do not use the Services.
4. Access to the Website. Whenever these Terms are in effect, we hereby grant you permission to visit and use the Website on the condition that you comply with these Terms and the relevant laws.
5. License. Subject to these Terms, to the extent that you use the Application, we hereby grant you a general, cancelable, non-exclusive, non-transferable License without the right to grant sub-licenses (the ‘License’): (a) to download, install and use the Application in a mobile phone, a tablet or a device (each of the afore said: ‘Device’) that you own or control; and (b) to access and use the Application in the Device in accordance with these Terms.
6. Limitations. The following actions are strictly prohibited: (a) reproduction, distribution or modification of any part of the Services without obtaining our prior and written approval;(b) using, altering, creating derivative works, transferring (by way of sale, reselling, granting of a license, granting of a sub-license, downloading or other), reproducing, distributing, displaying, presenting or revealing Content(as hereinafter defined), without obtaining our express approval; (c) disrupting servers or networks that are connected to the Services; (d) using an automatic system (including “robots” and “spider bot”) for the purpose of gaining access to the Website; (e) to disassemble, perform reverse engineering, decode or try to retrieve the source code of the Application; and/or (f) bypass, shut down or disrupt in any other manner the security of the Services or features that prevent or that limit any use or reproduction of any Content, or that impose limitations on the use of the Services.
7. Account. For the purpose of using the Services you are required to create an account (the ‘Account’).You agree not to create an Account for any other person except for yourself or use the Account of others without obtaining their permission. When creating an Account, you are required to provide full and accurate information. You are solely responsible for the activities in your Account, and you are required to protect your Account password. You are required to notify Anybook immediately regarding any security breach or unauthorized use of your Account. In the relationship between you and Anybook, you are solely responsible for the activities in your Account. In the event you wish to delete your Account, you may send a request for the purpose of this matter to: info@anybook.ai.
8. Payments to Anybook. Save as provided expressly in the Terms of Use, your general right to access the Services and use the Services is free of charge at present, however Anybook might charge payment in the future in respect of access or certain services. You will not be charged for any access or such use of the Services unless you first agree to make these payments, however please note that any failure to pay relevant amounts might cause circumstances in which you will not have access to all or part of the Services.
9. Intellectual property rights
9.1. Content and marks. (a) the content in the Services, including the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sound, videos and the interactive features (hereinafter collectively: the ‘Materials’) and (b)users’ uploads as hereinafter defined (jointly with the Materials: the ‘Content’),and (c) trademarks, service marks and logos contained therein (the ‘Marks’)are the property of Anybook and/or its licensors and might be protected by valid copyright or other treaties and laws concerning intellectual property rights. ‘Anybook,’ the Anybook logo and other Marks are the Marks of Anybook or its extensions. All other trademarks, service marks and logos that use the Services are the trademarks, service marks or the logos of their owners respectively. We reserve all rights that were not granted expressly for the Services and the Content.
9.2. Using the Content. The Content provided in the Services is provided for your personal information and use only, and may not be used, altered, reproduced, distributed, broadcasted, displayed, sold, licensed, decompiled or used in any other manner for any other purpose without obtaining our prior and written approval. If you download or print a copy of the Content, you are required to protect all copyright and other proprietary communications contained therein.
10. User uploads
10.1. Liability. The Services permit users to upload, share and post Content by you and by other users, including reviews, ranking and/or any other user Content (‘User Uploads’).You acknowledge that whether or not such User Uploads are posted, we do not guarantee any confidentiality with respect to any of the User Uploads. You shall be solely liable for your User Uploads and the implications of uploading and posting such materials. We have full discretion to decide whether or not to post your User Uploads and we reserve the right, at our sole discretion, whether to post your Used Uploads and we reserve the right, at our sole discretion and without delivering to you any further notice, to supervise, censor, edit, remove, delete and/or remove all Content published in the Services (including User Uploads) at any time and for any reason.
10.2. Ownership. You declare and warrant that you own or that you hold the rights and permissions that are required for the use and to empower Anybook to use the entire intellectual property rights (as hereinafter defined) in your User Uploads, and for the purpose of enabling their use according to plan by these Services and these Terms. Unless there is a separate reference to User Uploads, all references to the content will include references to the User Uploads. ‘Intellectual property rights’ shall mean all rights, whether foreign or domestic, in all trade secrets, patents, copyright, service marks, trademarks, know-how or other similar intellectual property rights, and all moral rights, privacy rights, advertising and similar rights of any kind in accordance with the laws and regulations of any governmental, regulatory or judicial authority, whether foreign or domestic. For the avoidance of doubt, you shall retain the ownership rights in your User Uploads.
10.3. License for User Uploads. By providing the User Uploads to Anybook, you hereby grant to Anybook a global, irrevocable, non-exclusive, royalty-free, unlimited License with the right to grant sub-licenses and transferable for the purpose of using, duplicating, distributing, creating derivative works and displaying the User Uploads in connection with the Services and the Anybook business, including for the purpose of advertising and repeated distribution of part or all of your User Uploads (and their derivative works) in any format and media and in all media channels, and you hereby waive moral rights in your User Uploads, to the extent permitted by law. You hereby grant to any user of the Services anon-exclusive right to use, duplicate, distribute, create derivative works, present and perform such User Uploads, in accordance with these Terms.
10.4. Prohibited Content. You agree not to display, advertise or upload User Upload that: (a) is unfair or misleading in accordance with the consumer protection laws in any jurisdiction;(b) is protected by copyright, protected by a trade secret or is subject in any other manner to proprietary rights of a third-party, including privacy rights and advertising, unless you are the holder of these rights or that you obtained a license in connection therewith from the holder of the said rights; (c)creates a risk to the wellbeing or the health of a person, creates a risk to public safety or health, harms the State security or obstructs an investigation conducted by the law enforcement authorities; (d) impersonates another person;(e) promotes the use of illegal drugs, is in violation of export laws, refers to illegal gambling or trade in illegal weapons; (f) is illegal, slanderous, defamatory, intimidating, pornographic, harassing, manifests hatred or racism or is offensive against different ethnic groups or encourages a behavior that will be considered as a criminal offense or that gives rise to civil liability, and is in violation of any law or is inappropriate; (g) involves theft or terrorism; or (h) constitutes malice or fraud in any manner.
10.5. Exposure. You acknowledge and confirm that when accessing and using the Services: (a) you will be exposed to Our Uploads from a variety of sources, and that Anybook is not responsible for the accuracy, usability, safety or intellectual property rights or anything related to these User Uploads; and (b) you might be exposed to User Uploads that are incorrect, offensive, obscene or objectionable. You hereby agree to waive any legal or moral rights or any reliefs you may seek against Anybook with respect to the matters presented in paragraphs (a) and (b)above.
11. Privacy. We will use personal data that we will collect or obtain in connection with the Services according to our Privacy Policy that is available in the following link: https://anybook.ai/privacy-en. You agree that we might use the personal data that you use or make available for us according to the Privacy Policy.
12. Copyright policy. We respect the legitimate rights of the holders of intellectual property rights and we will respond to clear notices regarding alleged copyright infringement. If you were exposed to copyright infringement, contact us in the following email: info@anybook.ai.
13. No representations.
13.1. This section shall apply whether or not the Services are provided in return for payment. The applicable law might prohibit exclusion of certain representations, and accordingly certain exclusions from the exclusions as stated hereunder might not apply.
13.2. The Services are provided “AS-IS” and without any representations, whether express or implied, including representations relating to negotiability, ownership, capacity for certain purposes, no infringement of third-party rights, and rights stemming in accordance with a law or a trading practice. Anybook does not warrant that the Services will be free from malfunctions, security breaches or virus attacks. The Services might not be available at all times as a result of current maintenance, upgrade or other reasons. You agree that Anybook will not be held liable towards you or towards any third-party for any circumstances that might be caused as a result of technical internet problems, slow connections, high traffic or overload in our servers, or any other reason.
13.3. Anybook is not responsible for any content displayed in the User Uploads, and shall not create any representation or undertaking and removes any liability in connection with such Content.
13.4. You acknowledge that Anybook shall not be held liable for the User Upload or to the user conduct (including defamation, abusive or harmful content or negligent conduct) of any of the users in the Services.
13.5. Users shall be solely responsible for the activity of exchanging the books and Anybook shall not be held liable towards users and/or third-parties in connection with this activity, including failure to return books, theft of books, damage caused as a result of or in connection with there placement of books.
13.6. Save as provided expressly in our Privacy Policy, Anybook does not make any representations, whether express or implied, in connection with the Content security or in connection with your activities in the Services.
14. Limitation of liability.
14.1. Subject to the applicable law, Anybook shall not be held liable for any direct, indirect, special, consequential or casual damage of any kind, or for the loss of data, revenues or profits stemming from your use of the Services or the inability to use the Services, even if Anybook is aware of the possible damages or loss.
14.2. The aggregate liability of Anybook for any damage caused in accordance with these Terms or in consequence of your use, or the inability to use the Services shall not exceed, under any circumstances, the total amount of the payments that you paid to Anybook in connection with the use of the Services in the three (3) months that preceded such claim.
15. Indemnification. You agree to protect and indemnify Anybook, its related companies, officers, directors, employees and their agents, in connection with any claim, damage, obligation, loss, cost and expense (including attorney fees) stemming from: (a) your use of the Services; (b) your User Uploads; (c) your interaction with any user of the Services; or (d) your breach of these Terms.
16. Term and termination of the Agreement. These Terms shall be in effect until their termination by Anybook or by you. Anybook reserves its exclusive right to terminate these Terms and/or limit and/or deny your access to the Services or any part thereof, immediately and at any time, whether or not for a reason (including in respect of breach of these Terms). Anybook shall not be held liable towards you or towards a third-party in respect of the termination of the Services or any part thereof. In the event you object to any term or any of the terms set forth in these Terms, or any subsequent modification of these Terms, your sole option is to terminate immediately the use of the Services. Upon expiration of these Terms, you are required to terminate your use of the Services. The provisions set forth in section 16 and sections 9 (Intellectual Property Rights), 10.3 (License for User Uploads), 11 (Privacy), 13 (No Representations), 14 (Limitation of Liability),15 (Indemnification) and 17 (Relationship between the Parties) to 20 (General)shall be in effect even after expiration of these Terms.
17. Relationship between the Parties. You and Anybook are independent contractors. Nothing contained in these Terms shall give rise to any partnership, joint venture, agency or employer-employee relationship between you and Anybook. You are strictly prohibited from making any representation on behalf of Anybook.
18. Assignment. These Terms and all rights and licenses granted hereunder, may not be transferred or assigned by you, however Anybook shall be entitled to assign them without limitation or advance notice. Any assignment that you make is prohibited and shall be null and void.
19. Governing law. Anybook reserves the right to terminate or modify any aspect of the Services at anytime. These Terms shall be construed in accordance with the laws of the State of Israel. The courts of Tel Aviv - Yafo shall have exclusive jurisdiction in connection with these Terms, provided that Anybook is entitled to seek an injunction in any court in any competent jurisdiction.
20. General. These Terms constitute the entire agreement between you and Anybook in connection with the Services. If any of the provisions set forth in these Terms is held invalid by a court in a competent jurisdiction, such invalidation as said shall not affect the other provisions set forth in these Terms that shall remain in full force and effect. No waiver of any of term in these Terms shall be deemed as additional or continuing waiver of such a term as said and the avoidance of a party from the realization of any of the rights granted under these Terms shall not constitute waiver of such a right as said. You agree that you are obligated to raise any argument in connection with the Services in one (1) year after the reason for such argument arises.
21. Apple Terms of Use
21.1. The following provisions shall apply to any Application that you purchase from the I-TUNES store: without derogating from the limitation of liability sections and no representation sections as stated in these Terms, you confirm and agree that: (a) these Terms are concluded only between you and Anybook and not with Apple Inc. (‘Apple’); (b) Anybook, and not Apple, is solely responsible for the Application and the Content contained therein;(c) Anybook is solely responsible for the provision of support and maintenance services for the Application, subject to the provisions set forth in these Terms or as required under the relevant law; (d) Apple is not liable and is no t obligated to provide any maintenance or support services in connection with the Application; Apple shall not be held liable in any other manner, to the maximum extent permitted by applicable law, for Application and the provisions set forth in these Terms and any law that applies to Anybook as the vendor of the Application shall apply with respect to any loss, claims, obligations, damages, costs or other expenses relating to failure to meet the relevant terms of warranty; (e) you confirm that Anybook, and not Apple, shall be responsible for handling any of your claims or of any third-party claims in connection with the Application or your possession and/or use of the Application, including, but not limited to: (1) claims alleging that the Application fails to satisfy any legal requirement or relevant arrangement; and (2) claims stemming from consumer protection laws or other similar legislation; (f) in the event a third-party claim alleges that the Application or the possession or the use you make in the Application infringes third-party intellectual property rights, Apple shall not be responsible for investigating, protecting, arranging, settling and eliminating any claim on the grounds of intellectual property rights infringement; (g) Apple and its subsidiaries constitute a beneficiary (as a third-party) of these Terms, and by your mere consent to these Terms and the instructions set forth in there Terms Apple is entitled (and Apple shall be deemed to have accepted this right) to enforce these Terms against you, as a third-party that is a beneficiary of this Agreement; (h) the use of the Application shall be made also subject to the rules of use laid down by Apple, including the rules laid down in the Terms of Use of the Apple App Store, and the said rules shall enter into force as of the date you agree to the Application Terms of Use; (i) the license of use granted herein is limited to a non transferable right to use the Application on an iPhone, iPod Touch, iPad or another Apple brand product that you own or control and that operates iOS.
21.2. You declare and warrant that: (a) you are not in a state that is subject to an embargo imposed by the U.S. Government or a state that was defined by the United States as a ‘terrorist supporting’ state; and (b) you are not listed in a list of prohibited or limited parties issued by the U.S. Government.
21.3. You agree to accept the Apple Licensed Application End User License Agreement in connection with end users, constituting part of the Terms of Use of the Apple App Store, as amended from time to time, and that appear in the following link: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Recently updated: May 2021