Website Terms of Use


Welcome to www.gaddons.com (together with all its content and peer sites, the “Website”). Please read the following Terms of Use (the “Terms”) carefully before using this Website so that you are aware of your legal rights and obligations with respect to UDSide Ltd., its affiliates and subsidiaries (collectively, “UDSide”, “Company”, “we” or “us”).

1. Acceptance


By using or visiting the Website, including without limitation contributing to or viewing the “Content” (as defined below), you signify your assent to (1) the Terms and (2) the Privacy and Legal policies located at the Privacy section and the Legal section at www.gaddons.com/Privacy.aspx (“Privacy Policy”, "Legal Policies"). The Terms apply to all users of the Website. If you do not agree to the Terms or the Privacy Policy then please do not access or otherwise use the Website or any information contained herein. To use our services you should affirm that you are over the age of 18 or the legal age at your local jurisdiction, as the Website is not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account. Please note that the Website is not directed to children under the age of 13 as Company complies with all applicable laws and regulations concerning children and the internet.

2. Services


The Website provides website syndication tools and information and enables you to access and use our on-line platform to create, maintain and customize a branded community application or other website syndication solutions as may be provided by us from time to time ("Services"). You agree that use of the Services is governed by the terms of the publisher agreement and any related agreements (“Publisher Agreement”). In the event of any conflict between the Publisher Agreement and the Terms, the Publisher Agreement shall govern and control.

3. Access


A. We hereby grant you permission to use the Website, provided that you comply with the Terms and will not: (i) copy, distribute or modify any part of the Website without our prior explicit written authorization; (ii) send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) transmit any content which contains software viruses, or other harmful computer code, files or programs; and (iv) disrupt servers or networks connected to the Website.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Company or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

D. The Website may contain links to third party websites that are not owned or controlled by us. Company is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

E. We have the right to terminate your access to the Website at any time, in our sole discretion, immediately and with or without cause.


4. Intellectual Property Rights


The content on the Website, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Website (collectively, the "Content") and the trademarks, service marks, slogans, logos and other proprietary indicia contained therein (collectively, the "Marks"), are owned by or licensed to Company. The Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our explicit prior written consent. We reserve all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. This section shall survive any termination of the Terms.

5. User Submissions


A. The Website may permit the submission of Content by you and other users on the Website (the “User Submissions”) and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published on the Website or otherwise, we do not guarantee any confidentiality with respect to any User Submissions. We have complete discretion whether to publish your User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. For removal of doubt, the definition of User Submission does not include “Publisher Materials” (as such term is defined in the Publisher Agreement).

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them on the Website. You represent and warrant that: you own or have the necessary rights and permissions to use and authorize Company to use all “Intellectual Property Rights” in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Website and the Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Website and Company's (and its successors’) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

C. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vi) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii) involves theft, money laundering or terrorism; and/or (viii) is otherwise malicious or fraudulent (each a “Prohibited Submission”).

D. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Company with respect thereto, and agree to indemnify and hold Company, its owners, directors, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

E. We reserve the right to access, read, preserve, and disclose any User Submission (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce the Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, and/or (e) protect the rights, property or safety of Company, its users or the public. Without derogating from the aforesaid, we reserve the right (but not the obligation) to investigate and/or delete (or modify) any User Submission that in our sole judgment violates the Terms or which is a Prohibited Submission, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user.


6. Reporting


We respect the legal rights of third parties. If you have a reason to believe that any of our users has infringed upon your legal rights (including but not limited intellectual property rights) or violated the terms of the Publisher Agreement while utilizing the Company platform, we encourage you to report it to us at your earliest convenience.

7. Limitation of Liability and Warranty


The following section regarding limitation of liability and warranty applies whether or not the services provided under the site are for payment.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THE WEBSITE (INCLUDING THE CONTENT AND ANY SERVICES PROVIDED THEREBY) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE WEBSITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UDSIDE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER COMPANY USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE WEBSITE, YOU AGREE THAT COMPANY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE WEBSITE.

UNDER NO CIRCUMSTANCES SHALL USIDE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE WEBSITE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnity


You agree to defend, indemnify and hold harmless Company, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of the Terms; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive an termination or expiration of the Terms and/or your use of the Website.

9. Assignment


The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any such transfer or assignment shall be deemed null and void. Company may transfer the Terms and any rights and licenses without any restriction whatsoever.

10. General


We reserve the right to discontinue or modify any aspect of the Website at any time. The Terms, the Privacy Policy and the relationship between you and Company are governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and Company agree to submit to the personal and exclusive jurisdiction of courts located in Tel-Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Terms, together with the Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and Company concerning the Website. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other right, and a party's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. We reserve the right to amend the Terms at any time and without notice, and it is your responsibility to review the Terms for any changes. Your use of the Website following any amendment of the Terms will signify your assent to and acceptance of its revised terms.

11. Comments


If you have any comments with respect to Website or ideas on how to improve it, please contact us at support@gaddons.com . Please note that by doing so, you also grant us permission to use and incorporate your ideas or comments into the Website and/or other Services without further compensation.