Terms of Service

Overview

This website is operated by Jojali Ltd. This is a legal agreement between you and Jojali Ltd. (known as “we”, “us” and “our”) regarding the services you use from us. The “Services” includes our website(s), all information, tools and services available from this site(s) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site(s), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Service Modifications

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

The images of our products that appear at the store are for product demonstration purposes and are not necessarily accurate images of the product you are purchasing. We cannot guarantee that your display of any color or product will be accurate.

License and Use of the Services 

“Content” refers to all artwork, titles, themes, objects, characters, names, dialogues, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, concepts, sounds, audio-visual effects, and any other content within the Service. 

Content also includes anything generated, created, and or that is developed within the Services by us or or you or by any user as a result of interaction with the functionality of the Service or with the product. 

We can and at our sole discretion, remove, edit or disable any Content. 

Content that is created by you or another user and made available within the Service is regarded as “User Content”. By making any User Content available through the Services, you hereby grant us a license to a non-exclusive, transferable, worldwide, royalty free license. We reserve the right to sub-license, to use, modify, create derivative works based upon, translate, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service and Content and to other users of the Services.   

We do not assume any responsibility or liability for any User Content. We may, in our sole discretion, remove, edit or disable any User Content at any time and for any reason. 

We may restrict, modify or limit your access to and use of certain or all Content, or all of the Services depending on the territory in which you are located. 

 Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and other Submissions

Your feedback, comments and suggestions are welcome. It helps us improve. However, if you give us your feedback, we need to be free to use it how we want and without paying you

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material. 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. See our Privacy Policy for more details.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice and without liability (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

You are prohibited from using the site or its content: (a) for commercial, or for a promotional purpose, or for the benefit of any third party or in any manner not permitted by the Terms; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in the Terms; (g) to sell, rent, lease, license, distribute, or otherwise transfer the Services or any Content; (h) attempt to reverse engineer (except as permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any Content; (i) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (j) to submit false or misleading information; (k) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users; (l) to collect or track the personal information of others; (m) for any obscene or immoral purpose; or (n) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Copyright Policy

We highly respect copyright laws. It’s our policy to terminate accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Warranty

We do not make any guarantee about the Products or Services. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Products or Service will be accurate or reliable.

We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services. 

Indemnification

Should someone sue us based on your breach of the Terms of Service or your access/use of the Services, you agree to defend us or pay for our defense in that lawsuit. You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and defend and hold harmless Jojali Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Termination of the Terms does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Dispute Resolution and Governing Law

These Terms of Service and any separate agreements whereby we provide you Products and Services shall be governed by and construed in accordance with the laws of the State of Israel.

All disputes between us, we agree, will be resolved through arbitration instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. 

Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. You agree that any elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services. 

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact

Questions about the Terms of Service should be sent to us at support@jojali.com.