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Terms of Use of the Application – Buzzilla

“Buzzilla” (“Buzzilla” or the “Company”) congratulates you and invites you to use the interactive, mobile Application. Users may use the Application in accordance with these Terms of Use hereafter.
In these Terms of Use, use of the masculine form and singular is for convenience only. The terms apply both females and in plural.
Use of the Application is under the sole responsibility of the User.
By use downloading the Application and/or connecting to the Application, you declare that you fully understand these Terms of Use and that they constitute a binding legal contract between the Company and you the End User (the "User") through the Application.

1. Acceptance of the Terms of Use

1.1. The Company that operates the Application has full proprietary rights of the Application. All proprietary rights existing and/or embodied in the Application and/or attached to it, are the exclusive property of the Company and will remain in its sole ownership as aforesaid. This Agreement does not grant any User any rights in or relating to the Application, but only a limited right to use it in accordance with the terms of this Agreement.

1.2. The Company has no obligation under this Agreement to provide support, maintenance, upgrades, changes, or new versions of the Application, but the Company may issue versions to upgrade the Application and may also electronically and automatically upgrade the version of the Application installed on all Users' communication devices, the User hereby gives his consent to such automatic upgrade and agrees that the terms of this Agreement will apply to such upgrades.

1.3. By installing the software on your cellular device, entering it, connecting to it and using it, you confirm that you have read and understood the following Terms of Use and that you agree to be bound by them and undertake to comply with all applicable laws and regulations regarding the use of the Application and hereby confirm that the Terms of Use constitute an enforceable and binding contract between Buzzilla and you.

1.4. The Application is offered to persons who are legally competent to enter into an undertaking under these Terms of Use which constitute a legal contract in accordance with the law or have received the appropriate consent from the legal authority that allows them to be bound by this Agreement. Therefore, you undertake that you have the legal right to accept the Terms of Use and create by this a legal obligation under the applicable law and use the Application in accordance with the Terms of Use, and assume all obligations arising therefrom. If you are under the age of 18, you hereby undertake and confirm that your legal guardian has permitted you to agree to these terms.

2. The Application

2.1. Buzzilla offers monitoring services (hereinafter: the “Service" and/or the "Application").

2.2. The data presented in the Application is based on information gathered from a number of factors, including Facebook, Twitter, Instagram and information received from third parties and the liability for these contents is of the parties who uploaded or entered the data and in any case it will not apply to the Company and/or to anyone on its behalf.

2.3. The Application may only be active only for a certain number of operating systems (such as iOS, Android Windows OS, or Windows 8). The User may only use devices that have a licensed operating system installed. In order to use the Application, the User must obtain the appropriate permissions of the software, the accessories and the equipment at his own expense, at his full risk and expense.

2.4. The Application contains, inter alia, content (hereinafter: the “Content”). The content presented in the Application has been collected from third parties as set forth in section 2.2 above and have been uploaded as aforesaid by third parties independently and accordingly, it is as is (AS IS) and without any liability of the Application operator and/or for the content. It is hereby emphasized that due to the extensive scope of the above service, the service may include erroneous or distorted information or data (including errors in the transmission of the information, processing or presentation of the data).

2.5. The Operator of the Application may from time to time display advertising content for the promotion and marketing of its activity and/or the activities of third parties. By using the Application, you are aware and agree that part of the payment made by you to the Application operator is for this advertising content and you will have no claim against the display of the advertisements.

3. Undertakings and Restrictions on the User

3.1. Buzzilla is not liable for any damages and/or loss related to the use of information uploaded to the Application or collected from third parties as set forth in section 2.2 above or any other use resulting from the use of the Application. Buzzilla does not undertake any obligation to be involved as a party in any conflict between Users and themselves or between third parties in relation to the provision of the service.

3.2. By using the Application, you will exempt in advance the Application operator from any claim of reliance on the content and you undertake not to use the content in any way

3.3. Without derogating from the waiver of liability for the content uploaded to the Application as set forth above and below, Buzzilla will, at its sole discretion, monitor the activity and contents that will be uploaded to the site by third parties. By agreeing to the Terms of Service, you release Buzzilla, its managers, employees and/or anyone acting on its behalf from any claim, damage or demand whatsoever, directly or indirectly, arising in any way from a dispute relating to the provision of the service and/or the content that will be uploaded to the Application by those third parties.

3.4. In the framework of the service you are prohibited (or any other person on your behalf) from: (a) using the Application for unlawful, immoral or unauthorized purposes; (b) using the Application and/or the content for non- personal use, for commercial purposes without obtaining the Company's written approval; (c) refraining from making payments (in accordance with the law) if, for example, your credit card has been blocked or its use has been limited for any reason; (d) harming or infringing the privacy of another person within the framework of the Service or use the service to collect personal information about Users without their explicit consent, (e) using the Application in such a way as to impair the proper administration of the Application and/or the Application servers or violate laws or regulations relating to the proper management of networks and/or servers. (f) making false representations that you are affiliated in any way or represent the Company or its agent or that the Company has granted you certain authorizations to act on its behalf; (g) taking actions that may put a heavy load on the Application infrastructure; (h) harming and/or breaching and/or making infringing use of copyrights, commercial marks or any other information that is protected by copyrights (h) uploading false and/or inaccurate content and/or which may mislead the Users and/or which are not in accordance with the rules determined and/or that will be determined in the future by the Company (i) taking any action that infringes the intellectual property rights and/or intellectual property of the Application operator, including actions such as translation into other languages, reverse engineer, restore to a high- level programming language, restore to an assembly language, modify, create derivative works based on the Application or otherwise change it.

3.5. The User exempts the Application operator, in advance and irrevocably, from any liability deriving from reliance on any publications, information or content in the Application by using the services. It is clarified that the use of the services of the Application is solely the responsibility of the User and the uploader is entire liable for the nature and quality of the uploaded contents. The Application operator, its employees, all persons associated with it for the provision of the services and the other Users shall bear no liability for any damage that may be caused to the User as a result of the User's use of the Application and its services. The User undertakes to compensate any of the aforesaid for any lawsuit and/or other expense arising from the use of the User and/or as a result of content that were raised by him to the Application.

3.6. The Application operator has the right to deny the use from all Users, or from an individual User in any case and at his sole discretion. The Application operator will deny the right of use in any case where a material breach of any of the Terms of Use or a repeated breach of the Terms of Use occurs after a warning. The Application operator will be entitled to deliver information regarding the User to the law enforcement authorities regarding any breach of any of the Terms of Use relating to content that is offensive or illegal or constitutes a criminal offense.

4. Granting a License

Subject to the Terms of Use, Buzzilla grants you a personal, non-exclusive, non-commercial, non-transferable license and which cannot be sublicensed, to download the Application to your licensed cellular phone device or tablet device for the specific purpose of use and for this purpose only as provided in the Terms of Use and in accordance with any law.

5. Ownership of the Application; Protecting Copyrights

It is hereby clarified that the Application and all intellectual property rights relating to it including inventions, patents, patent Applications, trademarks, trade names, copyrighted materials, graphics, texts, images, designs (including the "look and feel" of the Application), specifications, processes, trade secrets, whether registered or unregistered (hereinafter referred to as "Intellectual Property Rights") are owned by or the Company has been given a license to use them, and are protected by copyright laws and international treaties. It is hereby clarified that any right not expressly granted to you is reserved to the Company exclusively.

6. Trademarks and Commercial Names

Trademarks including the logos of Buzzilla are wholly owned by the Company in respect to the Application, whether registered or not.

7. Privacy

7.1. In order for the Application operator to operate the Application, it may store private information about the User. The Application operator will not perform any action that will harm the User except for the purpose of protecting his interest or in order to comply with the provisions of the law and to comply with judicial orders.

7.2. The Company may use the User's information for the purpose of improving the Website, the services and the content it offers, or for the purpose of analysis and delivery of statistical information to third parties, including advertisers. Information provided to third parties will not personally identify Users. The User agrees and confirms, by registering and downloading the Application to his cellular device, that the Company will be entitled to keep in its databases the details provided by him and other information that will accumulate about him, for the purpose of performing from time to time such activities as contacting him, advertising, providing mail services, by the Company and/or anyone on its behalf and/or other entities, collection and sharing of information about him and its use, including its storage, transfer and sharing it by the Company and/or its representatives and/or other entities, for statistical purposes and/or for making transactions of any kind with customers and third parties, and for other commercial purposes, without the payment of any consideration.

7.3. The Company assumes no responsibility for the use of information about you received by third parties, including commercial bodies, websites or online merchants who use or appear on the site (such as companies that participate in benefit offers etc.) and which are not under the Company's control. In case of doubt you must check the procedures for protecting privacy and the Terms of Use of that merchant, website or commercial entity. The Application operator will not save confidential and private information about all Users. The Application operator will not save information that is related to minors and/or that could be “sensitive information” as this is defined in the Privacy Protection law, and in the Protection of Minors and the Helpless Law.

7.4. The Application operator shall have the right to expose any information statistically and not personally identifiable when the information is required by competent authorities only.

7.5. The Application operator shall be entitled to transfer any information when:

7.5.1. The Application is used for the purpose of carrying out or intent to commit an illegal act or against a section of this agreement.

7.5.2. The use of the Application does not constitute an offense or intent to harm any of the Users and/or the Application operator and/or the property of any of them.

7.5.3. An emergency situation in which there is a clear danger to life.

7.5.4. As required by law or court order.

7.5.5. Improper use of any of the Application's Users.

7.6. By using the service, registering for the service, and supplying your email address in the Application and/or by email and/or on Facebook and/or otherwise, you agree to receive direct mail from the Company, including being part of our newsletter or anything else type of e-mail registration, in case you wish to remove yourself from the newsletter you can do so by using the "unsubscribe" option, located at the bottom of the newsletter / e-mail sent by us.

8. Availability of the Application

The Company undertakes to do its best to keep the Application available at all times. However, Application availability and functionality depend on a number of factors, such as software components, hardware, and the service providers of the Application. The Company does not warrant that the Application will operate at any time without any interruption or that it will be immune from unauthorized use or errors.

9. Changes, Amendments and Adjustments in the Application

The Company reserves the right to make changes, amend, modify or discontinue the use of the Application (or any part thereof) without prior notice at any time.
You further acknowledge that third parties may make changes to the content of the Application. It is hereby clarified that Buzzilla shall not be liable to the User or to any third party in case of changes, discontinuation of service and disconnection of the service and/or the contents included therein.

10. Changes in the Terms of Use

Buzzilla reserves the right to make changes to the Terms of Use at its discretion from time to time. In the event that the Terms of Use are re- drafted in order to comply with any relevant new legislation, the changes will take effect immediately upon their publication.

It is hereby clarified that Buzzilla or any other legal entity connected to it shall not bear any liability for damages including any direct or indirect damages, punitive damages or any other legal liability.

In any event, without limiting the aforesaid, it is hereby clarified that the maximum compensation in accordance with the liability of Buzzilla will be NIS 100.

11. Indemnification
You hereby undertake to defend, indemnify and compensate the Company for claims, payment, damages, obligations, losses, liabilities, expenses and payments (including attorneys' fees) arising from (i) your use or misuse, inability to use and/or to perform actions in respect of the Application or with the content (2) a breach of the Terms of Use (3) a violation of third party rights or infringement of third party privacy; or (4) any kind of damage, including indirect, direct or consequential damage associated with the Application.
Without derogating from the aforesaid, we shall be entitled, at our discretion, to join any legal proceeding and to defend ourselves against any legal claim.

12. General

(a) The Terms of Use constitute all the terms between you and the Company relating to the Application and they replace all representations and/or other information that has been brought on behalf of the Company so far.

(b) It is hereby clarified that any dispute between the parties will be heard exclusively in the competent courts in the city of Tel Aviv. You hereby waive all claims of personal jurisdiction or improper forum.

13. Information and Questions

Buzzilla will make every effort to provide technical support for the Application. In order to receive information, support or answer questions, please contact the following email address:
info@buzzilla.com