Last modified on October 31, 2013.
Limitation on Use
You may not register or use the Service if you are under 14 years of age and/or if you are legally unable to enter into a legally binding agreement without the consent of your parents or legal guardian. The following uses of the Service or any part thereof are prohibited: Commercial use, unless specifically and explicitly allowed by us in a prior written consent; Damaging or infringing the rights of third parties in any way, including infringing on any third party's intellectual property; Illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; Distributing SPAM; Using users contact information for marketing purposes; Bullying, intimidating, stalking or harassing any person; Duplicating, copying, reproducing, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing or redistributing the Service, the Service IP, third parties User Content or any part thereof or their products, unless specifically and explicitly allowed by us in a prior written consent; Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Service's (including its content's) source code and structure; Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; Uploading of any sort of malware, spyware or other malicious code; Circumventing or bypassing any measure designed to limit access to the Service or any part thereof; Damaging, disabling, impairing or flooding the Service; Competing with the Service.
Securing your password
You are responsible for protecting the confidentiality of the password associated with your use of the Service and your Facebook account and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements, acts or omissions made during any use of the Service through your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately to firstname.lastname@example.org. We may assume that any communications we receive under your name, account or user have been made by you unless we receive notice otherwise. An 12up employee will never ask you for your password, neither personally nor by email.
Termination, Changes to the Service and Removal of Content
Notice and Takedown
We take copyright infringement very seriously, and we are committed to comply with the applicable copyright and intellectual property legislation. As a result, and in accordance with the Digital Millennium Copyright Act, we have a Notice & Takedown mechanism, designed to enable intellectual property owners to report an infringing use of the Service, while preserving our users' freedom to share. Upon receiving of a Takedown Notice (as defined below), we shall make our best reasonable efforts to remove the infringing content from the Service immediately, and, in the event that the infringing content was uploaded by a user and that user is a Repeat Infringer (as defined below), to terminate said user's access to the Service. In order to allow us to fully comply with the law, an adequate takedown notice ("Takedown Notice") shall comply with the following: The Takedown Notice shall be sent via email as a single PDF format document to Care@12up.com; The Takedown notice shall clearly include the following details: The identity (including register/identification number) of the notifying party; The date; The address, website URL and jurisdiction of the notifying party; The Takedown Notice shall clearly detail the copyright violation using screen shots, searches and so forth. The Takedown Notice shall identify the copyright violator User Name; and Clearly state that the person signing the Takedown Notice under penalty of perjury has given accurate information; that he/she is the owner or acting on behalf of the owner of the copyright; and that the aforementioned use of the copyrighted work constitutes an infringement to the best knowledge. If you receive notification from us stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case the content shall be re-uploaded and your contact details (which must be contained in the contention) be given to the Notice's sender. A "Repeat Infringer" shall be defined as: A user which three Takedown Notices were received regarding content uploaded by him within a period of one year; or A user which a total of ten (10) Takedown Notices were received regarding content uploaded by him.
Cross Platform Publication
When you upload User Content you agree and acknowledge that we may display the content in any part of the Service we see fit, regardless of the part of the Service to which you uploaded your User Content ("Cross Platform Publication"). For example, we may choose to publish user content which you posted on the Website on the Facebook Application. You agree and acknowledge that you are not entitled to any notification of or compensation due to Cross Platform Publication of your User Content at any time. In addition we may choose to post information regarding your use of the Service on your Facebook profile wall, including your User Content, statuses, comments, vBets and content you have read. We will attempt to prompt for your approval to post information on your Facebook profile wall.
Intellectual Property Rights
Unless stated otherwise herein, we and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Service and the Service's content, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained in the Service. You do not acquire any right, title, interest or claim in any part of the Service or the Service's content as a result of your use of the Service or any part thereof. Any transfer of rights shall be deemed null and void without our explicit prior written consent.
Third Party Sites
Disconnecting from the Service
If you wish to disconnect from the Service, please email email@example.com
You hereby agree that the Service is given automatically by our systems and with no explicit knowledge of yours or anyone else's use of the Service. The Service is provided 'AS-IS' and 'AS-AVAILABLE', and your use of the Service is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations of any kind, whether express or implied, including without limitation warranties given in the course of dealing with us and are not stated herein and warranties regarding fitness for any particular purpose and promises of specific results, all to the fullest extent of the law. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding the Service, its content or any part thereof being available, uninterrupted, correct, error-free, accurate, complete, reliable, current, malware-free, continual and secure. Any reliance you make on the Service, its content or any part thereof is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding other users' User Content including without limitation its accuracy, usefulness and safety. User Content does not represent us in any way and you access and use it at your own risk.
Limitation on Warranties
By using the Service you agree to apply and to govern the Israeli law and no other law over your relationship and disputes with us, and to give the Israeli district court of Tel-Aviv sole jurisdiction over any disputes between you and us.
If you believe that anyone is abusing the Service or using the Service in contradictions or violation with the terms stated herein, you may report this via e-mail to: firstname.lastname@example.org