End User Notice Modified as of 05/04/2011
The video clip (the "Clip") underneath which the link to this Notice is embedded, [incorporates] the Interlude's Player technology (the "Player"). All intellectual property rights in and/or underlying the Player, the technology there under, the Clips (defined below) and all Personal Versions (defined below) is wholly owned by or otherwise licensed to J.B.F Interlude 2009 Ltd. ("Interlude") and/or its licensors.The Player enables you to enjoy the decision making features made available while viewing the Clip thereby creating a personally edited version of the Clip ("Personal Version") and then sharing the Personal Version via the sharing features provided (the "Service").
By using the Service you hereby acknowledge the terms and conditions set forth in this Notice and accept them. If you do not agree to any of these terms, please refrain from using the Service.
You may not use the Service and may not accept the terms of this Notice if (a) you are not of legal age to form a binding contract with Interlude, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
Interlude reserves the right to make changes to the terms of this Notice from time to time, for example to address changes to the law or regulatory changes, or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
In order to use and enjoy the Service, you are hereby granted, subject to your compliance with the Terms, a limited, revocable, royalty free, personal, non assignable, non transferable, non commercial license to the Player solely in order to play and share the Clip and any Personal Version(s) to the extent permitted by the functionality of the Service and under this Notice.
Your use of the Service is subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Notice on your part:
- You agree not to access any Clip or Personal Version for any reason other than your personal, non-commercial use, solely as intended through and permitted by the regular functionality of the Service.
- You agree not to distribute any part of or parts of the Clip or Personal Version, in any medium or media without Interlude's prior written authorization, unless Interlude makes available the means for such distribution through functionality offered by the Service, in such case you agree that you ensure such distribution is compliant with this Notice, all applicable laws and the terms governing any websites to which the Clip or Personal Version is distributed.
- You agree not to prepare derivative works of, display, make available to the public, broadcast or publically perform Clips or Personal Versions, in any media formats or through any media channels.
- You acknowledge that other than as explicitly set forth in this Notice, Clips or Personal Versions may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose.
- Interlude and its licensors reserve all rights not expressly granted in and to the Clips or Personal Versions.
- You agree not to alter or modify any part of the Player and its related technologies.
- You agree not to access the Clip through any technology or means other than the Player.
- You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of the Clip or Personal Version or (ii) enforce limitations on use of the Service or the content accessible via the Service.
- If you use the Player on your website, you may not modify, build upon or block any portion or functionality of the Player.
- You acknowledge and agree that Interlude may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Interlude's sole discretion, without prior notice to you.
- You acknowledge and agree that Interlude may extract, retrieve or otherwise collect non-identifiable information in connection with your patterns of usage of the Clip and selection of choices in the creation process of the Personal Video(s). Such information may be used for research, marketing, and development purposes.
- You agree that you are solely responsible for (and that Interlude has no responsibility to you or to any third party for) any breach of your obligations under this Notice and for the consequences (including any loss or damage which Interlude may suffer) of any such breach.
- You understand and agree that Interlude is not responsible for the Clips and the consequences of viewing or otherwise sharing the Personal Versions. Interlude does not endorse the Clips or any opinion, recommendation, or advice expressed therein, and Interlude expressly disclaims any and all liability in connection with the Clips or Personal Versions.
- You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Interlude with respect to any Clip containing materials which may be factually inaccurate, offensive, indecent, defamatory or otherwise objectionable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERLUDE DISCLAIMS ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY EXPRESSED AND/OR IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION AND/OR NON-INFRINGEMENT) THAT MAY APPLY TO THE SERVICE.
INTERLUDE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. THIS SHALL INCLUDE ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU. INTERLUDE SHALL HAVE NO LIABILITY WHATSOEVER UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE LIMITATIONS ON INTERLUDE'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT INTERLUDE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
This Notice constitutes the whole legal agreement between you and Interlude and governs your use of the Service and completely replace any prior agreements between you and Interlude in relation to the Service.
You agree that if Interlude does not exercise or enforce any legal right or remedy which is contained in this Notice (or which Interlude has the benefit of under any applicable law), this will not be taken to be a formal waiver of Interlude's rights and that those rights or remedies will still be available to Interlude. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Notice is invalid, then that provision will be removed from this Notice without affecting the rest of this Notice. The remaining provisions of this Notice will continue to be valid and enforceable.
This Notice shall be governed by the laws of the State of Israel. You and Interlude agree to submit to the exclusive jurisdiction of the courts of Tel Aviv, Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Interlude shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.