Myspelling.net site - Terms of Service

http://www.myspelling.net site, hereinafter "the Site", is an interactive WEB site, designed to assist web surfers to exercise and improve their spelling skills in different languages.

The use of the Site will be made by any surfer, whether registered or not, subject to the Site usage conditions and privacy policy and the conditions of these Terms of Service, hereinafter "the Conditions".

Please study the conditions carefully, since using the Site constitutes your consent to everything said in them. Furthermore, these Conditions will apply to any use that shall be made by you on the Site and will constitute the legal basis for any deliberation between you and the owners of the Site, hereinafter "the Owners" including anyone on their behalf.

Subject to the said in the Conditions, you will be able to make use of the Site applications and contents, participate in interactive e-learning and receive information and/or contents of various kinds and/or topics related to the Site, hereinafter "the Services".

The specified in these Terms of Service relates equally to both genders, and the use of the masculine gender is for convenience purposes only.

Surfing and/or entering the Site and/or using the Services express your full consent to the said in them. In the event that you do not agree to the Conditions or part thereof, you are not entitled to make use of the Site and/or the Services.

General

The Owners reserve the right to update the conditions from time to time according to their sole discretion without the need to deliver any early notice and the updated conditions shall be binding as of the moment of their publication on the Site.

The Owners are entitled, according to their absolute discretion, to terminate at any time the Site Services or part thereof. Should the Owners decide to do so, they are entitled to deliver a notice about it in advance by a general publication on the Site and/or by sending the notice to the electronic mail box of the Site users. In any event, the Owners shall not be obligated to inform each user personally about terminating any of the Services on the Site.

In any event of conflict and/or discrepancy between the conditions and any other publication, of any kind or sort, the terms of these conditions will prevail.

The Site is designated solely for private use and not for commercial and/or wholesale use, unless otherwise explicitly specified. The user shall keep in secrecy, will not reveal or transfer, to another or others, the user's name given to him and/or his personal passwords and that also if and when he decides to cancel his registration on the site.

Site Registration and User's Details

Part of the services provided on the Site require registration. The user may enjoy the Services on the Site and use it after he completes the registration process and delivers all the details required in its course:

Registration for the site shall be performed according to the following rules:

  • In the registration no false, inaccurate or incomplete details are to be used.
  • No expression which might insult a fellow man or hurt his feelings is to be used as a user's name.
  • No registered trademarks or service marks, or well known signs, or the name, or the known nickname of a person or other entity are to be used as a user's name.

The details delivered by the surfer during the registration process and additional information accumulated about him shall be guarded in the Owners' information database for the purpose of managing the Site and services.

Payments

The registration to the Site and using of some services, do not entail any payment, but some of the advanced services will be offered only against a monthly subscription fee. In addition, the user is not entitled to any payment from the owners, for browsing the site and / or exposure to the general content and / or to advertising displayed on the site and / or use of the site.

Intellectual Property

The intellectual property rights on the Site and the Services belong to the Owners, or to third parties that have granted the Owners an authorization to use them in the framework of the Site and the Services as said. Including, and without derogating from the generality of the said, the Owners has exclusive ownership in the copyrights, in the Site's names and trademarks, in the Site's patents and samples, whether registered or not, in the commercial secrets entailed in operating the Site and granting the Services, in designing the Site, in the technological information entailed in its operation, including in the applications, in the graphic files and others, in the computers' codes, in the texts and/or in any content included therein – excluding the surfers' contents as this term is hereinafter defined ("the Information"). It is prohibited to copy, distribute, duplicate, present in public, or deliver to a third party the Information and/or any part thereof, to change, publish, broadcast, transfer, sell, distribute or make any commercial use of the Information and/or any part thereof, unless having obtained authorization in advance and in writing from the Owners.

Limitation of Liability

The Owners do not undertake that the Site and/or the Services included in it shall not be disrupted, shall be provided in order without any interruptions, shall exist safely and without any errors, and shall be immune against unauthorized access to the Owners computers or against damages, malfunctions, breakdowns or failures in hardware, software, in the lines and communication systems at the Owners, at anyone of its suppliers and/or anyone on its behalf.

The Owners' Service supply depends, inter alia, on third parties and the Owners are not liable for any deed or omission of the third parties and shall not be liable for any injury and/or damage and/or loss and/or expenditure that shall be caused to the user and/or any third party as a result and/or in relation to any deed or omission as said.

The Owners are not liable for the availability of the Services, and/or the content, the form, the reliability, the credibility and the accuracy of the surfers' content as their aforementioned definition in the conditions, including any injury or breach of any intellectual property rights, including trademarks and commercial secrets, in relation to the surfers' content or in relation with any other usage of the surfers on the Site and the Services offered and included in it.

The Owners are not liable for the user's opinions and/or the contents and/or the messages loaded onto the Site and/or to any other Owners Service, including the liability for publishing the Information included in the blogs and/or any other Owners Service, in public. Furthermore, the Owners are not liable for any injury and/or damage and/or loss and/or expenditure that shall be caused to the user as a result of storing and/or using and/or operating the Site and/or the Services, including due to prejudice of property rights, copyrights, names and trademarks, commercial secrets, patents and samples, whether protected or not and/or due to damaging the privacy.

The user represents and warrants that he knows that any information, text, software, tune, sound, graphics, video, multimedia, game and any other content that was published or uploaded onto the Site is under the sole liability of the user and he alone is liable for the contents that were uploaded and/or sent through and/or to the Site and/or any of its Services.

The user undertakes that any message, information, text, software, tune, sound, picture, graphics, video, multimedia, game and any other material that has been published or sent by him shall be appropriate and shall not prejudice any third party's right including intellectual property rights. The user shall not upload onto the site any illegal, threatening, slanderous and/or libel content or material, obscenity materials, pornography, racism or any other material which injures the privacy of an individual and/or the public, any material that might damage and/or bother other surfers. The user shall not publish and/or upload onto the Site and/or any other Owners Service content and any material that might injure the public feelings, which might constitute and/or encourage criminal behavior or establish a cause for a civil suit or breach in any other way any provision of the law.

The user shall not collect data on other people nor supply information on illegal actions and shall not upload onto the Site any advertising and commercial material and shall not act in any way that might cause to the Owners the abovementioned damages, hereinafter "the Prohibited Contents".

The Owners do not edit and/or supervise the contents uploaded onto the Site by the surfers and/or any third party and is not liable for these contents and/or for any injury, and/or damage and/or consequence that will incur from relying on the contents and/or from using them. Nevertheless, the Owners have full right to remove and/or edit contents as said and/or refuse to upload them in the event that such shall be found or that a complaint of a third party suit shall be submitted, according to its sole discretion, harmful and/or inappropriate for publishing and/or presentation on the Site and that even for any other reason including the complainants' request. Furthermore, the Owners reserve the right to claim compensation for any damage that will be caused to it and/or to anyone on its behalf and/or its operators following the Prohibited Contents.

The Owners also do not control, doe not supervise and are not liable for the Information and/or the services provided and/or published by others and/or through them, whether directly or indirectly, including services and content sites of others to which there is a link out of the Site and do not undertake that all the links shall be in good order and that in any given time it will be possible to reach through them an active Internet site.

Publishing surfers' content or placing a link on the Site by the Owners shall not be interpreted as an offer to the surfer, as an expression of support, encouragement, consent or giving the Owners' sponsorship to contents and/or services offered by others. Any user's reliance on any content, information, advertisements, products, opinions and standpoints presented or advertised on the sites to which there is an option of being referred to, including in the information, the content, the opinions and standpoints presented or published therein, is done according to the user's discretion and on his full and exclusive liability.

The Owners are not liable for the content of the publications published on the Site by the publishers. Any advertising material uploaded onto the Site by an advertiser is under his sole liability. The Owners do not edit and/or supervise the advertising contents uploaded onto the Site and is not liable for the contents appearing in them. Nevertheless, the Owners reserve the right to remove an advertisement according to its sole discretion, should this be found offensive.

Any use or reliance of the user on any content, information, advertisements, opinions and standpoints presented or advertised on the Site and/or in any of the Services is done according to the user's sole discretion and under his full liability. In the event that the users shall engage with third parties, any engagement conditions shall be agreed upon directly between the users and the third parties and the Owners shall not be a party to the engagement. Furthermore, The Owners is not liable in any way and shall not bear any liability for damages and/or other claims that the user will have as a result of these engagements.

The various contents and/or Services offered on the Site are provided for use AS IS. The user shall have no complaint, claim and/or demand towards the Owners and/or anyone on their behalf for the Site traits and the Services offered in it including their capacity, limitations and adjustment to the user's needs and he hereby waives any complaint, claim and/or demand as said against the Owners and/or anyone on their behalf.

The Owners are not liable for any direct, indirect, accidental, consequential and/or incidental damage, inability to use, loss of data and/or profit loss stemming from and relating to the use of the Site and/or any information, contents, services or products on the Site and/or that can be approached through the Site, even if it had applied any supervision on the contents on the Site or that they can be approached or observed through the Site, and even if it has became aware of the possibility of such damage, that might be caused to the user and/or to any third party, and that with everything related and concerning the Site and/or the Services, their usage, the inability to use them, their cancelation, restriction or termination.

In the event that the Owners tried, out of its good will and ex gratia, to assist in solving the problem and/or the user's application, this assistance shall in no way be interpreted as imposing any liability on the Owners.

Under no circumstance shall any liability apply to the Owners and/or anyone on their behalf for direct or indirect damage, punitive damages, incidental, special or consequential damage, and/or any other damage of any kind and sort, including damages for loss of usage, loss of data or loss of profit stemming from or related in any way to the use of the Site, for any delay in the use or the inability to use the Site or any information, software, product, service and graphics on the Site and/or that derive in any other way from the use of the Site, based on contract law or on torts law whether under absolute liability, and/or any other cause, even if the Owners and/or anyone on their behalf has become aware of the possibility of the damages as said.

In the event that for any reason the Owners shall stop providing part of the Services on the Site, in the framework of which the surfers' content has been stored including in the framework of the forums, or in the event of partial or temporary termination of Service, the Owners shall be entitled to erase and/or not to backup and/or save any information and/or surfers' content and/or Information which has been accumulated concerning the surfer and that without the need to give any notice about it in advance. The user shall not have any complaint, claim, and/or demand toward the Owners for the partial or full termination of Services as said, the erasing of Information according to this article and any injury, damage, loss and expenditure which will be caused to him, if caused, in consequence of it, excluding the right of the registered paying user, to receive a refund of payment which remained or accumulated in favor of the user, after if the Site will go down for more than 15 consecutive days.

Disconnection, Termination and Changes

The Owners are entitled to remove any content from the Site, according to their sole discretion and without the need to deliver an early notice about it to the users, including to block and/or restrict and/or terminate the Service supply on the Site, fully or partially, and that, inter alia, under circumstances in which the surfer has made any use that might cause disruption to the Site and/or to the Services offered on the Site and/or to other surfers, or in a manner that constitutes a civil or criminal wrong, or in a manner that evokes reasonable suspicion that the surfer is operating in a manner contradicting and/or breaching the conditions.

Furthermore, the Owners are entitled to disconnect or terminate the Service supply at any time, including but without derogation, for the purpose of carrying out maintenance or essential or immediate setting up activities in the systems servings it, on national emergency times or due to national security reasons.

There is nothing in the blocking, the termination or the restriction of the Services, as aforementioned, to impose any liability on the Owners, and/or derogate from the user's obligation to act at all times in compliance with the conditions.

The Owners are free to change from time to time the Site's structure, its appearance, the Services on the Site, the scope and availability of the Services and any other aspect entailed therein – and everything without the need to inform the user. The user shall have no complaint, claim and/or demand towards the Owners for carrying out changes as said and/or malfunctions that will occur while they are being carried out.

The Owners reserve the right to block, remove from the Site, any user who has breached the conditions.

Surfers' Declarations and Undertakings

In addition, and without derogating from the generality of the aforementioned in the conditions, each surfer represents and warrants to the Owners as follows:

  • That he is at least 18 years old, or that he is under the age of 18 and he has informed his parents or his legal guardians regarding his registration for the Site, obtained their approval of it, and that both the surfer and his parents agreed to accept the conditions including the liability restriction conditions as aforementioned;
  • Not to use and/or upload onto the Site prohibited contents as they are defined above including and without derogating from the generality of the said, pictures and/or videos including of a threatening, blunt, racial, insulting, pornographic or sexual nature, or that might harm the public feelings;
  • Not to pester other surfers with harassing requests and indecent statements;
  • Not to use and/or upload onto the Site any material constituting injury to the privacy and/or intrusion thereto, inciting to mutiny, deception, breach of copyright, performers' rights, breach of trademarks and trade names, samples, patents etc., breach of intellectual property rights and/or others of third parties, commercial wrongs and/or prejudice to the right of reputation, and/or prejudice of contractual rights and/or trust obligations to others and/or any other breach of any law;
  • That he is the proprietor of all the intellectual property rights in the surfers' contents, including but not limited to, the copyrights and the performers' rights on the contents, the pictures and the video contents uploaded onto the Site;
  • That in the event that he prejudices copyrights of any kind in the surfer's contents uploaded onto the Site and/or to any Owners Service, when he is not the legal proprietor of all the rights in the contents uploaded and in relation to them and/or the proprietor of the license to make use of them including by means of uploading them onto the Site, including placing the at the public's disposal and/or publishing them, he does hereby empowers the Owners to remove from itself any liability and to transfer to the surfer any claim on the subject. Without derogating from the aforementioned, the Owners are entitled to claim from the right violator as said, compensation for the damages incurred to it;
  • That he knows that any information, text, music, tune, software, graphics, video, game and any other material privately published or uploaded by him onto the Site is under his full and exclusive liability;
  • Not to flood any Service with idle messages and/or repeated messages, in a manner affecting the usage of that same Service;
  • Not to upload chain letters, "SPAM" advertizing and/or commercial contents;
  • Not to make use of a blunt and obscene language, which might offend or affect others;
  • Not to bother and no to harm other surfers and not to break the law in any other way;
  • Not to upload onto the Site illegal material, or material that encourages, supports, assists, provides instructions for carrying out or guides in carrying out a deed constituting a criminal offence according to any law;
  • Not to upload knowingly onto the Site false of deceptive material and/or any material whose publication was banned by law;
  • Not to include any content constituting slander on a person and/or which injures a person's privacy including not to publish personal details, telephone numbers, addresses, identifying names of other surfers, not to perform "coming out of the closet", and/or the "crossing of users' names" of any person;
  • Not to instigate to racism, to injuring another person, to murder or to breaking the law;
  • Not to carry out and/or publish any commercial advertisement and/or any other Service on the Site, except in the places designated for it, if there are, according to explicit permission from the Owners and subject to the other stipulations of the conditions;
  • Not to use the Owners Services for the purpose of carrying out a deed or an action prohibited by law;
  • Not to penetrate computer material unlawfully and/or transfer computer software, a computer code or application, which include computer viruses, including hostile software knows as Trojan horses, warms, vandals and malicious applications and so forth, to other computers and/or to use or disturb other computers contrary to the Computer Law, 5755 – 1995, and the provisions of any law;
  • Not to send e-mail messages in a way that evokes complaints on the part of the recipients;
  • Not to include any material concerning and identifying minors, their personal details or their addresses and the ways of contacting them;
  • Not to include passwords, user's names and other details enabling the use of computer software, digital files, Internet sites or services requiring registration or payment, without payment or registration as said;
  • Not to include in particular any material that might mislead a customer, according to its meaning in the Customer Protection Law, 5741 – 1981;
  • Not to refer to any link or give any other referral to material whose publication was banned according to the law and/or these Terms of Service;
  • To keep in secrecy and/or not to disclose and/or not to transfer to another or others, his personal passwords, if and as much as he will be given such by the Owners, including a user's name and entrance password and/or the access means to the Internet network, which will be delivered, if they are delivered to him by the Owners, unless he has received the Owners' explicit consent in advance and in writing.

Contents uploaded by a user who will act contrary to any of his undertakings detailed above, shall be removed according to the Owners' sole discretion and the Owners shall be entitled to block him and prevent him from surfing on the Site and use Services through it. A user who has been removed by the Owners and/or his entrance has been prevented shall not be entitled to return and surf even under another user's name unless he obtained an explicit authorization from the Owners.

The user shall compensate and indemnify the Owners immediately upon receiving a demand to do so, for any injury and/or damage and/or loss and/or expenditure, of any kind and sort, including legal expenses, which were caused or will be caused to the Owners and/or to any third party, and which are related directly or indirectly to the surfers' content which the surfer has uploaded and which appears on the Site, or are related to the usage the surfer has made on the Site, and that upon the Owners' first demand, and he fully, finally, absolutely and irrevocably waives any claim or demand towards the Owners in connection with the said contents, the surfing on the Site and the use of the said Services.

Protection of Privacy

Surfing on the Site and using the Services included therein constitute consent on your part that the Owners shall be able to carry out computerized supervision on the use you make of the Services by means of "Cookies" and/or similar means. The Owners is entitled to use any information as said, for the purpose of control and/or supervision and/or development and/or maintaining the quality of the Services, their level and their being in good order and/or for the purpose of complying with the provisions of any law, and/or for its needs including Owners Services and surveys.

The Owners strictly comply with the provisions of any law including the provisions of the Protection of Privacy Law and it shall maintain the surfers' privacy and shall not disclose to whoever is unauthorized to it by law lists or documents in which are listed the surfer's name and address or any other information concerning him, as well as any information concerning the use made by the surfer on the Site, excluding public details and data published by the surfer himself. The Owners maintain the right to disclose the surfer's details and any information concerning the use the surfer has made/makes on the Site, according to the adjudication of an agreed authority and/or in the framework of legal proceeding if such arise between the surfer and the Owners and/or in the event of breach of conditions by the surfer and/or in the event that the Owners, according to its sole discretion, shall believe that it is necessary to prevent sever personal injury or damage to its property or to anyone else including the surfer and/or in the event of merging the Owners' activity with any third party.

The Owners will be entitled to send to you from time to time by electronic mail information regarding its services as well as marketing and advertising information – whether information that the Owners themselves will publish or information that it shall receive for the purpose of immediate delivery from other advertisers. At any time you shall be able to request to stop receiving information as said. Nevertheless, the Owners will not give your personal details to the advertisers.

The Owners will not send advertising e-mails to a user who shall not explicitly agree that his e-mail address will be included in the message recipients' list and/or advertisements on behalf of various commercial bodies including the Site and that by e-mail, SMS and so forth. Furthermore, a surfer who has agreed that his e-mail address will be included in the mailing list on the Site, shall be entitled to announce, following any advertising material delivered to him, his refusal to continue receiving advertisement items and until he does not do so he will continue receiving advertisement items as said.

The Owners dedicate resources and takes stringent means to prevent offensive penetration into the Site and/or to the databases in the framework of which information about the Site surfers shall be stored and to foil possible damage to the users' privacy. Nevertheless it is impossible to absolutely prevent disruptions. Therefore, the user hereby represents and warrants that he shall have no complaint and/or demand and/or claim against the Owners and/or whoever on its behalf due to damages, malfunctions and/or disruptions as said.

Without derogating from the aforementioned, the user confirms that he knows that his activity on the Site might enable third parties such as search engines on the Internet, to rely on the nature of his activity as said, in order to present to him adjusted advertisements in the framework of his surfing even outside the Site and that as an integral part of their current activity and without any connection to the Owners' activity. The activity of third parties as said, is subject to the privacy policy led solely by them and is performed under their full and exclusive liability without the Owners having any liability thereof.

The Owners are entitled, according to their sole discretion, to integrate on the Site commercial and other advertisements.

Applicable Law and Jurisdiction

The laws of the State of Israel shall apply to all the conditions and everything stemming from them or entailed in them, the conditions shall be interpreted according to them, and any conflict or legal question in connection with them shall be brought to decision in the authorized legal instance in the city of Tel Aviv only.

Surfers' Appeals

The Owners are strict about complying with the law provisions and it respects the rights of the Site users and others including their right to privacy and good name. Anyone who believes that an offensive content has been published on the Site for any reason as well as any appeal concerning the Site and/or the Services provided in its framework, can address the Site managers according to the following details: