Take1 General Terms of Use

General Information; Acceptance of Terms

Thank you for visiting and using the website located at: www.take1ads.com (“Website”), which is provided by Take1 (referred to herein as “Take1”, “We”, “Us”, or “our”). Your use and access of the website is governed by and subject to the following agreements, applicable to you and your use of the website and Service:

These terms of use (“General Terms of Use”);

Privacy Policy, available here.

The Website use is offered to you on the condition that you accept these General Terms of Use, without modification of the terms, conditions, and notices herein. User's use of the website constitutes acceptance of all these terms, conditions, and notices. By using the website, you signify your agreement to these general terms of use, including our use of your information as provided below and in privacy policy. If you do not agree to these terms of use, including our use of your information, you should immediately cease your access and use of the website.

Our Privacy Policy is incorporated into these Terms of Use and applies to your access to and use of the Website.

Main Terms

“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you purport to represent such an entity.

“We/us/our or Take1” means ClickDealer Ltd. doing business as Take1.

"Services" means any of the information, links, products or services offered on this Website.

"Your Data" means all electronic data or information submitted by you for the Services.

Use of Services

We shall: (i) provide to you basic support for the Services and/or the use of the Website, (ii) use commercially reasonable efforts to make the Services and/or the use of the Website available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours’ notice via the Website), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, war, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, (iii) provide the Services only in accordance with applicable laws and government regulations.

You shall (i) use the Services and/or the Website only in accordance with these General Terms of Use and applicable laws and government regulations., (ii) be solely responsible for the accuracy, quality, integrity and legality of your data and of the means by which you acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use. No resale of our services is allowed.

Eligibility to Use the Website

In order to use the Website, you must: (a) be a natural person, at least 18 years old and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Website is permitted.

Take1 reserves the right to monitor the location from which you access the Website and to block access from any computer which Take1 determines, in its judgment, is located in a jurisdiction where use of the Website is prohibited or restricted.

Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Website to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Website.

License and Prohibited Usage

All content, including, but not limited to, the descriptions, information, flash files, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on the Website is owned or controlled by Take1 and may be protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without Take1’s express written consent.

Please respect our intellectual property rights. Any personal usage or reprint of our materials must include all copyright, trademark and any other proprietary notices reflecting Take1’s exclusive ownership of said content. We expressly do not provide any rights or licenses to you as a user of our website and Take1 retains exclusive worldwide intellectual property rights to all its materials.

Part of your agreement with Take1 is that you will NOT use the Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Take1. You agree that all information provided by you is true. You may NOT use the Website in a manner, which could/may damage, disable, overburden, or impair any aspect of the Website or the network or networks connected to the website, or may interfere with any other party's ability to use or enjoy the Website. Any unauthorized attempts to gain access to the website, or other individual accounts, or any computer systems or networks connected to any Take1 Website, through any means, including; hacking, password mining, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Take1 Website.

You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Take1 to liability. Take1 may delete, remove or destroy any such material at Take1's sole discretion.

Proprietary Rights

By using the Website, you acknowledge that all information, content and materials contained on the Website (in any form or media, the “Website Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Take1, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Website Materials.

You agree that you shall not attempt to: (a) gain unauthorized access to the Website’s systems, (b) interfere with procedures or performance of the Website, (c) deliberately damage or undermine the Website, or (e) commit fraud with regard to the Website. Your violation of any of the terms of this Section 3 may result in your civil and/or criminal prosecution.

The trademarks, logos, and service marks displayed on the Website whether or not registered (collectively the “Trademarks”), are Trademarks of Take1, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Website should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.

Your misuse or unauthorized use of any Trademarks or any Website Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Website and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.

Website Rules

You are subject to all laws and regulations of the state, province and/or country in which you reside and from which you access the Website and you are solely responsible for obeying those laws and regulations. You are solely responsible for your compliance with the Terms of Use set forth in this document.

You understand and agree that Take1 reserves the right to monitor all Website activity in order to (a) enforce these Terms of Use, (b) maintain and enhance Website performance and offerings, (c) maintain and enhance Website integrity, reputation and user experience, and (d) for other internal business purposes of Take1. Without limiting the foregoing, you understand and agree that by accessing and using the Website, you are authorizing Take1 to review your Website participation in order to investigate complaints against you, allegations of Website abuse by you, and/or Website activity conducted by you, and to disclose information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation.

Any violation of any of these Terms of Use may subject you to immediate sanctions (as determined by Take1 in its sole discretion) including closing of your access to the Website, or prosecution for violations of law.

The Website may contain links to third-party Websites, which are provided by Take1 only as a convenience (“Third Party Content”). Your dealings with Third Party Content are solely between you and the third party. Therefore, you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third-Party Content.

Disclaimer and Limitation of Liability

YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND WEBSITE MATERIALS ARE AT YOUR OWN RISK. THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT TAKE1 DOES NOT WARRANT NOR REPRESENT THAT: (A) THE WEBSITE OR WEBSITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, (B) THAT THE WEBSITE OR WEBSITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, OR (C) THAT YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.

Without limiting the foregoing, you understand and agree that neither Take1 nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

Indemnification

By using the Website, you hereby agree to indemnify, defend, and hold Take1 and its Related Entities harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the Website, whether or not in compliance with these Terms of Use.

Jurisdiction and Venue

This General Terms of Use shall be governed by and construed in accordance with the laws of the State of California, USA without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of state or/and federal courts located in the Santa Clara county, California, USA.

Severability

If any portion of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Changes to the General Terms of Use

Please know that Take1 may amend these General Terms of Use at any time. Updated General Terms of Use will be posted on this Website under the TAB “Terms of Use”. If you continue to use the Website after an amendment is posted on this Website, you are agreeing to be bound by the terms of that agreement. Therefore, you should review these Terms of Use and our Privacy Policy each time you use the website. Take1 reserves the right to implement the amendment immediately upon posting, without prior notice. Any changes to these Terms of Use will be effective as of the date indicated at the bottom of these Terms of Use. By continuing to use the Website, you will be deemed to have agreed to such changes.

Updated: April 18, 2017