1.2) In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.
1.3) We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and
you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of any updates. You acknowledge and accept that by your continued
use of TUMING, you will be subject to, and are deemed to have been made aware of and accepted, the changes in any revised Terms and Conditions after the date of the amended Terms are posted.
1.4) The information provided on TUMING is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the TUMING and/or the associated Device from other locations do so on their own initiative and are solely responsible for compliance
with local laws, where applicable.
1.5) The use of TUMING is intended for users who are at least 18 years of age.
2) INTELLECTUAL PROPERTY RIGHTS:
2.1) Unless otherwise indicated, TUMING is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on TUMING (collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
2.2) The Content and the Marks are provided on TUMING “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of TUMING and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.3) Provided that you are eligible to use TUMING, you are granted a limited license to access and use TUMING and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to TUMING, Content and the Marks.
2.3) Provided that you are eligible to use TUMING, you are granted a limited license to access and use TUMING and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to TUMING, Content and the Marks.
3.1) By using TUMING, you represent and warrant that: (1) Each and every use of TUMING is for your own risk and responsibility; (2) all personal information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy
of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access TUMING through automated
or non-human means, whether through a bot, script or otherwise; (6) you will not use TUMING for any illegal or unauthorized purpose; and (7) your use of TUMING will not violate any applicable law or regulation.
3.2) We have the right to refuse any and all current or future use of TUMING. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate
your access and refuse any and all current or future use of TUMING (or any portion thereof).
4.1) You may be required to register with the TUMING . You agree to keep your password confidential and will be responsible for all use(s) of your account and password. We reserve the right to remove, reclaim, or change a username you select, if we determine,
at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5) PROHIBITED ACTIVITIES:
5.1) You may not access or use TUMING for any purpose other than that for which we make TUMING available. TUMING may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
5.2) As a user of TUMING, you agree not to:
5.2.1) Systematically retrieve data or other content from TUMING to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
5.2.2) Make any use of the designs on TUMING;
5.2.3) Make any unauthorized use of TUMING, including collecting email addresses or ANY DATA of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means by automated means or under
false pretenses;
5.2.4) Circumvent, disable, or otherwise interfere with security-related features of TUMING, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of TUMING and/or the Content contained therein;
5.2.5) Engage in unauthorized framing of or linking to TUMING.
5.2.6) Deceive, defraud, or mislead other users and/or us, especially in any attempt to learn sensitive account information such as user passwords, or any other data.
5.2.7) Trick, defraud, or mislead us and other users;
5.2.8) Make improper use of our support services or submit false reports of abuse or misconduct;
5.2.9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
5.2.10) Attempt to impersonate another person or use the username of another user;
5.2.11) Use any information obtained from TUMING in order to harass, abuse, or harm another person;
5.2.12) Sell or otherwise transfer your profile.
5.2.13) Use TUMING as part of any effort to compete with us;
5.2.14) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of TUMING;
5.2.15) Attempt to bypass any measures of TUMING designed to prevent or restrict access to the TUMING , or any portion of TUMING.
5.2.16) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of TUMING to you;
5.2.17) Delete the copyright or other proprietary rights notice from any Content;
5.2.18) Copy or adapt TUMING software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
5.2.19) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of TUMING or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the TUMING.
5.2.20) Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses
TUMING, or using or launching any unauthorized script or other software.
5.2.21) Disparage, tarnish, or otherwise harm, in our opinion, us and/or TUMING;
5.2.22) Use TUMING in a manner inconsistent with any applicable laws or regulations.
5.3) Any use of TUMING in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use TUMING.
6) PERMISSION FOR DISTRIBUTION, PUBLICATIONS AND ADVERTISEMENT:
6.1) Any user who leaves details on TUMING and is added to TUMING mailing list, approves the use of their details for the purpose of receiving marketing information, updates and advertisements that TUMING will send from time to time.
6.2) A user who has provided such details will be subject to the mailing instructions detailed in the Terms and Conditions hereinafter.
6.3) It is prohibited to leave details of another person on TUMING without their consent and / or without their presence in front of the screen while leaving the details and without explaining all the Terms and Conditions to them.
6.4) When leaving details on TUMING, the user will be asked to provide personal information such as: first name, last name and an active e-mail address. Providing partial or incorrect information may prevent the user from using TUMING services and prevent
TUMING from making contact if necessary. In case of a change in any of the information provided by the user, the new information must be updated on the website.
6.5) It is clarified that there is no legal obligation to provide details on TUMING however without their submission it will not be possible to receive marketing content and updates from TUMING.
6.6) TUMING will not use the information provided except for in accordance with TUMING privacy policy which is an integral part of this Terms and Conditions.
6.7) Leaving details on TUMING and consent to receive marketing content includes, among other things, receiving marketing content, promotions, updates and discounts offered to registered users.
6.8) Mailing approval (receiving of marketing content) as aforesaid, constitutes the user’s consent to the submission of advertisements in accordance with the Communications Law (Bezeq and Broadcasting) (Amendment No. 40) – 2008 (the “Communications
Law”).
6.9) It is clarified that the user has the option to remove himself from TUMING mailing list at any time by clicking on the button “Unsubscribe” that appears at the bottom of any e-mail sent by TUMING, or by emailing TUMING stating that
they wish to be removed from the mailing list. As long as the user has not removed himself from the mailing list, TUMING may transfer direct mail to the user subject to the Communications Law.
6.10) Mailing information should not be construed as a promise of any outcome and / or warranty for the service offered therein.
6.11) Mailing as a whole, including all the information contained therein, is offered as is, and will be as accurate and correct as possible, however, the information may not be complete and technical or other errors in the information could happen.
6.12) The user confirms that he will not have any claim in connection with mailing advertisements and / or advertisements displayed on the website, including their location on the website. It is clarified that with regard to advertisements displayed under
the auspices of a third party, TUMING has no interference in the selection of the advertisements displayed, the truth of their content and the order in which they appear.
7) GUIDELINES FOR REVIEWS
7.1) We may provide you areas on TUMING to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed, (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language, or what is deemed as hate language, (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability, (4) your reviews should not contain references to illegal activity, (5) you should not be affiliated with competitors if posting negative reviews, (6) you should not make
any conclusions as to the legality of conduct, (7) you may not post any false or misleading statements, and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
7.2) We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
8) Apple and Android Devices
8.1) The following terms apply when you use the TUMING obtained from either the Apple Store or Google Play (hitherto known as the “App Distributor”):
8.1.1) The license granted to you for our TUMING is limited to a non-transferable license to use the TUMING on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service.
8.1.2) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms and Conditions of TUMING.
8.1.3) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, (ii) you are not listed on any
U.S. government list of prohibited or restricted parties.
8.1.4) You must comply with applicable third-party terms of agreement when using TUMING, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
8.1.5) You acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms and Conditions in TUMING license and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms
and Conditions in TUMING license against you as a third-party beneficiary thereof.
9.1) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding TUMING, hitherto known as “Submissions” provided by you in connection to us or any other device in or on any platform
in any way are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you
or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10.1) TUMING may contain (or you may be sent via TUMING) links to other Sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party Sites accessed through TUMING or any Third-Party Content posted on, available through, or installed from TUMING, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or
any Third-Party Content does not imply approval or endorsement thereof by us.
10.2) If you access, in any way or on any platform or use or install any Third-Party Content or Applications, by exiting the software or accessing a link in our software that takes you to a Third-Party Application or software, you do so at your own risk,
and you should be aware these Terms and Conditions are null and void. You should review the applicable terms and policies, including privacy and data gathering practices, of any software application to which you navigate
from TUMING or relating to any applications you use or install from TUMING.
10.3) Any purchases you make through Third-Party software applications will be through other software applications and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and
the applicable Third Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party software applications, and you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
software applications.
10.4) We might receive affiliate commission on some of the products and/or services and/or companies we recommend.
10.5) We may receive compensation for participation in third-party affiliate marketing programs, including purchases made through links to our e-commerce partners, if any.
11.1) We reserve the right, but not the obligation, to: (1) monitor TUMING for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from TUMING or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems, and (5) otherwise manage TUMING in a manner designed to protect our rights and property and to facilitate the proper functioning of TUMING.
12.1) In order to provide you service, we may use your personal data, such as, inter alia, information about your use of TUMING, and information about your mobile device or computer (“Personal Information”). The Personal Information may be collected
and used to:
12.1.1) Provide services to you and improve TUMING and/or the services;
12.1.2) Ensure proper performance of TUMING;
12.1.3) Analyze and manage our businesses;
12.1.4) Improve our customer service;
12.1.5) Contact you or provide you with relevant data with regard to TUMING or the services.
12.2) Each time you use TUMING, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:
12.2.1) We may record your internet service provider’s address, your internet protocol or IP address and the type of handheld or mobile device;
12.2.2) We may collect a record of your activity or your “clickstream” while visiting TUMING;
12.2.3) We may use “FLoC” and / or “cookies” of different types to recognize your computer or mobile device. A cookie is a small text file that a website, online application, or e-mail may save to your internet browser and/or your computer’s hard drive
for use in subsequent visits to sites;
12.2.4) we may collect any information you enter, share or that can be obtained from your use of TUMING.
12.3) We may share your personal information with third parties, including with our Services Providers.
12.4) Some examples of things service providers may do that may involve your personal information are:
12.4.1) Develop, host or maintain TUMING on our behalf;
12.4.2) aggregate customer information and/or improve customer service. We may then share such aggregated information with prospective marketing partners and advertisers.
13) CalOPPA – California Consumer Privacy Statement
13.1) This California Consumer Privacy Statement supplements the Global Privacy Notice and applies solely to consumers in the state of California. This Statement does not apply to Site personnel. This California Consumer Privacy Statement uses certain
terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
13.2) Categories of personal information are collected. The personal information that TUMING collects fall into the following categories as established by the California Consumer Privacy Act:
13.2.1) Identifiers such as your name, alias, address, phone numbers, or IP address;
13.2.2) Personal information, such as a credit card number;
13.2.3) commercial information, such as purchase and content streaming activity;
13.2.4) Internet or other electronic network activity information, including content interaction information, such as content downloads, streams, and playback details;
13.2.5) Geolocation data, such as the location of your device or computer;
13.2.6) inference data, such as information about your purchase preferences.
13.3) Categories of personal information disclosed for a business purpose. The personal information that TUMING discloses about consumers for a business purpose fall into the following categories established by the California Consumer Privacy Act:
13.3.1) Identifiers such as your name, address, phone numbers, or IP address, for example if we use a third-party carrier to deliver your order;
13.3.2) Personal information, such as a credit card number, for example if we use a third-party payment processor;
13.3.3) Your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;
13.3.4) commercial information;
13.3.5) Internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services.
13.4) Right to Request Access to or Deletion of Personal Information: you may have the right under the California Consumer Privacy Act to request information regarding the collection of your personal information by TUMING, or access to or deletion of
your personal information. If you wish to access this information, please contact us using the contact information provided below.
13.5) No sale of personal information. TUMING has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
13.6) No Discrimination. TUMING will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act
14) COPYRIGHT INFRINGEMENTS:
14.1) We respect the intellectual property rights of others. If you believe that any material available on or through TUMING infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
15) TERM AND TERMINATION:
15.1) These Terms and Conditions shall remain in full force and effect while you use TUMING. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF TUMING (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS
AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN TUMING AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
15.2) If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Additionally, to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16) MODIFICATIONS AND INTERRUPTIONS:
16.1) We reserve the right to change, modify, or remove the contents of TUMING at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on TUMING.
16.2) We also reserve the right to modify or discontinue all or part of TUMING without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of TUMING.
16.3) We cannot guarantee TUMING will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to TUMING, resulting in interruptions, delays, or errors. By use of TUMING, you acknowledge
that we are not liable for any inconvenience or harm that may be related to the aforementioned.
16.4) We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify TUMING at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use TUMING during any downtime or discontinuance of TUMING. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support TUMING or to supply any corrections,
updates, or releases in connection therewith.
17) THE SERVICES ON TUMING:
17.1) The services offered by TUMING will appear and be displayed on TUMING pages.
17.2) TUMING is not obligated, in any way, to maintain any variety of services.
17.3) TUMING reserves the right to change the range of services displayed on TUMING, replace them, remove them and add to them, without any prior notice or notice.
17.4) The services are presented on TUMING at the sole discretion of TUMING.
17.5) In order to use the outsourcing services and recruitment services, please contact us by the details on the Terms and Condition or leave your details on TUMING, and TUMING representative will contact you.
18.1) These Terms and Conditions and your use of TUMING are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict
of law principles.
18.2) Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state Israel, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non convenience.
19.1) There may be information on TUMING that contains typographical errors, inaccuracies, or omissions that may relate to TUMING, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update the information on TUMING at any time, without prior notice.
20.1) TUMING IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF TUMING SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
20.2) WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH TUMING AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF TUMING CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TUMING; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TUMING; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TUMING BY ANY THIRD
PARTY.
20.3) TUMING content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on TUMING constitutes a solicitation, recommendation, endorsement,
or offer by TUMING or any third-party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the
securities laws of such jurisdiction.
20.4) All Content on TUMING is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute
a comprehensive or complete statement of the matters discussed or the law relating thereto. TUMING is not a fiduciary by virtue of any person’s use of or access to TUMING or Content. You alone assume the sole responsibility
of evaluating the merits and risks associated with the use of TUMING before making any decisions based on such information or other Content. In exchange for using TUMING, you agree not to hold TUMING, its affiliates
or any third-party service provider liable for any possible claim for damages arising from any service provided to you and / or decision you make based on information or other Content made available to you through TUMING.
20.5) The information appearing on TUMING should be not construed as a promise of any result and/or responsibility for the activity of the services on TUMING. TUMING will not be responsible for any damage, direct or indirect, which will be caused to
the user as a result of service provided to you and / or relying on information appearing on TUMING and/or links to other sites and/or any other source of internal and/or external information and/or use of services displayed
by TUMING.
20.6) TUMING is not a party between advertisers and the customer and it only works to link between them. Also, TUMING does not advertise or track the advertisers at the customer site but serves only as an online platform, which mediates between them.
20.7) TUMING does not guarantee the accuracy or completeness of the descriptions of the products and / or service and / or information transmitted by the advertisers on your site and will not be held responsible for any error, mistake or damage caused
by the use of the site and / or advertisers.
20.8) Information and representations about the publications on the customer’s site, originating from the advertisers and any content submitted for publication by the advertisers will be made at your sole responsibility and that of the advertisers,
and therefore, of course TUMING has no responsibility for such information, and the site does not guarantee the accuracy of this information.
20.9) If you need to receive a payment from TUMING and / or from advertisers and / or from any third party, the payment may be received through TUMING or through any third party and you will not have any claim regarding the method of payment.
21.1) You agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of, (1) use of TUMING, (2) breach of these Terms and Conditions, (3) any breach of your representations and warranties set forth in these Terms and Conditions,
(4) your violation of the rights of a third party, including but not limited to intellectual property rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22.1) These Terms and Conditions and any policies or operating rules posted by us on TUMING constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions
shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
22.2) If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest
extent permitted by law.
In order to resolve a complaint regarding TUMING or to receive further information regarding use of TUMING, please contact us by:
All rights in these Terms and Conditions are reserved to Daniel Attorneys and may not be copied, reproduced or distributed.
