By accessing or using the Site, you accept this Agreement and any modifications that We may make to this Agreement from time to time. We may update this Agreement at any time. The most current version of the policy will govern Our use of Your information and its last revised date shall be as of July 21, and changes will take effect immediately upon posting. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Yoocan regarding the Site. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it.
The Site and Services are intended solely for persons who are 13 or older and who have legal capacity to use the Site for their purposes per applicable law. Any access to or use of the Site or Services by anyone under 13 or who does not hold the required legal capacity under the law applicable to him/her is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older, allowed to use the Site under applicable law, and that all registration information you submit is accurate and truthful. Yoocan may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you.
Use of this Site by bots or other means for competing and/or commercial purposes (including, without limiting the foregoing, for purposes of gathering info and/or using data published on the Site) other than for Your own personal Use, is absolutely prohibited. Use of content on the Site which is of personal nature, such as (but not limited to) content uploaded by other users, is also prohibited unless otherwise authorized by Us in advance and in writing per each specific case, on a case by case basis. Use of this site for any purpose which is not in good faith and/or which is malicious is also prohibited.
2. The Site
The Site allows people with disabilities and their families to upload their experience and personal stories, as well as to purchase items and/or services which are intended for persons with disabilities and/or their families and/or care takers etc. and/or to any customer which requires the same, in a variety of pricing formats and locations. yoocan is not directly involved in the transactions between any of the Site's users and any party publishing services, products, etc on the Site. Yoocan only gathers information of sellers, service providers, etc. and organizes it on the Site. Yoocan has no control over the quality, safety, morality or legality of any aspect of the items or services listed by on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Yoocan does not necessarily pre-screen content or information provided by users, and cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Yoocan cannot and does not transfer legal ownership of items from the seller to the buyer.
Additionally, Yoocan cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that the Site is a platform operating as a venue and therefore Yoocan is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site. You use the Site and the Services at your own risk. Yoocan is also not responsible for any information linked to from the Site and/or which appears on websites reachable through the Site and/or for any information you relay to third parties linked to or which appear on the Site.
3. User Accounts
The Services made available on the Site may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also may be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You agree to notify Yoocan immediately of any unauthorized use of your account or any other breach of security. Yoocan will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time. You agree not to provide your username and/or password information to any other party other than Yoocan without Yoocan's express written permission.
You must keep your account information updated and accurate at all times, including a valid email and address. You may not transfer or sell your account and User ID on the Site to any other party. If you are registering as a business entity or an organization of any kind, you personally guarantee that you have the authority to bind such entity to this Agreement.
Yoocan reserves the right to refuse service via the Site to anyone at any time. The Services are not available to temporarily or indefinitely suspended registered members of the Site. Yoocan reserves the right, in Yoocan's sole discretion, to cancel unconfirmed or inactive accounts.
4. Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with the policies published by Yoocan with respect to the Site and with all applicable laws and regulations, including (without limiting the foregoing) those of the FDA, if applicable. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, tags, categorization, pictures, video and other content relevant to the sale of that item, which must be an accurate representation of the items offered for sale. You must not list an item more than once, unless the item’s listing has naturally expired. Sellers are free to mention the price of their choice for their product and/or service, however the price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the products, if applicable.
As mentioned in the foregoing, Yoocan is not clearing or negotiating any transaction on the Site, and only publish information supplied by users which decide to sell items and/or services. You alone are responsible for any transaction and/or any service or products offered on the Site and/or supplied by You.
5. Use of Site
You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, processes, artwork, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
You are granted permission to use the Site as set forth in this Agreement, provided that: (i) you will not copy or distribute any part of the Site in any medium, without Our written consent; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (iii) you will not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) you will not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; and (v) your use of the Site and content shall not be obscene, defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, etc. that accesses the Site in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect, mine or reproduce any information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes, without our written authorization.
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit any and all current or future use of all or any portion of Our Site, without notice and liability, if, in Our sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (ii) taking any action that imposes, or may impose an unreasonable or disproportionately large load on Our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Site; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Site; or, (vi) bypassing the measures We may use to prevent or restrict access to the Site.
By uploading Content to the Site you represent and warrant that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights, including by way of promoting the Site and/or Yoocan. Yoocan does not claim ownership rights in your Content. You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferrable right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Us to store or re-format your Content on the Site and display and edit your Content on the Site in any way as We may choose.
You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content of other users in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Yoocan or the lawful owners of such materials.
As part of a transaction with a user we directed to You and/or Your website, you may obtain personal information, including but not limited to email address and shipping information, from another user of the Site. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Site-related communications. You shall not use the foregoing information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not allowed to add any user of the Site to your email or physical mail list; personal email addresses shall not be made visible by other users of the Site and may be provided only by the users who own such email addresses.
We do not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive – and in such case report such content immediately to firstname.lastname@example.org for Our inspection. There are also risks of dealing with underage persons, persons without legal capacity, people acting under false pretense, and dealing with international trade.
We are not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Yoocan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
You agree to indemnify and hold Us and Our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of Our Site as well as reliance in the content therein, your violation of any law, statute, ordinance or regulation or the rights of a third party.
Your use of Our Site is at your sole risk. Our Site is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of Our Site. We disclaim any warranties for any information or advice obtained through Our Site. In addition, no advice or information (oral or written) obtained by you from Us shall create any warranty. You understand and agree that you obtain data through the use of Our Site at your own discretion and risk and that you will be solely responsible for any consequences, losses, or damages that you may directly or indirectly incur or suffer as a result from attaining such data.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you submit to us is submitted at your own risk. Nevertheless, once We receive your information, We will take reasonable steps to preserve the security of such information.
9. Limitation of Liability
You agree that in no event shall Yoocan be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Yoocan has been advised of the possibility of such damages), arising out of or in connection with your use of Our Site and/or this Agreement or the inability to use Our Site. To the extent permitted under applicable law, Yoocan's total and complete liability to you or any third parties in any circumstance is limited to $100.
10. Modifications; No Guarantee
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Our Site with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or termination of the Site (including, without limiting the foregoing, if we decide to remove any information published by You and/or referral to your products, sites, or services, and/or if we change the way or order of such), and that We do not guarantee continuous, uninterrupted access to the Site; the operation of the Site may be interfered with by numerous factors outside Yoocan's control or otherwise.
You agree that We, in Our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information, or your ability to use all or any portion of Our Site, for any reason, including, without limitation, (a) if We believe that you have violated or acted inconsistently with the spirit of this Agreement or the documents or agreements it incorporates by reference, or (b) if We believe that your actions may cause legal liability for you, Our users or Yoocan. You agree that access to all or any portion of the Site under any provision of this Agreement may be affected without prior notice. You also agree that We shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Site. Additionally, You may also request that we remove any information posted by You and that we terminate Your account. Upon termination for any reason, you will continue to be bound by the terms of sections 7, 8, 9, 11, 12 and 13 to this Agreement.
12. Yoocan's Intellectual Property
The Site, and in connection therewith, any graphics, videos, logos, designs, page headers, button icons, scripts, code, texts, and service names and trademarks of Yoocan, and all other intellectual property rights embodied in and/or appearing in the Site, are the sole property of and/or licensed by Yoocan, and may not be used, copied, altered, reverse engineered, distributed and/or tampered with, including without limiting the foregoing as part of trademarks and/or as part of domain names or email addresses, by any third party for any purpose.
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond Our reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Israel without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located Tel Aviv, Israel. Any notices to Us must be sent to: yoocan Technologies Ltd. 1 Karlibach St. 647132 Israel, via first class or air mail or overnight courier, and are deemed given upon receipt. The failure of Yoocan to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Our prior written consent, and any such attempt is void. The relationship between Us and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.