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Last revised on September 23rd, 2022

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These Terms of Use, together with any other agreements or terms incorporated by reference, including the Privacy Policy available at: https://www.mayakeshet.com/privacy-policy (the "Terms") are a binding agreement between MAKE by Maya Keshet LLC a company incorporated under the laws of New Jersey, with a registered office at 3 Lincoln Laurel Rd., Blairstown, 07825 NJ (the "Company," "us" "our" or "we") and you (the "User," "you" "your"), the person who uses our website at: https://www.mayakeshet.com (the "Website"). By accessing or using our Website, you agree to these Terms. Your use of the Website is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Website.

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1.    USE OBLIGATIONS AND RESTRICTIONS

1.1.    Obligations. You agree to do each of the following in connection with your use of the Website: (i) comply with all applicable laws, rules and regulations, including those regarding data protection and privacy and intellectual property rights; (ii) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you and all such information and content (a) are true, accurate, current and complete and we may rely on such information and content; (b) are not meant to harm the Company or any third party; (c) do not contain or include viruses or other harmful codes; and (d) do not violate these Terms, or any applicable law, rule or regulation.

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1.2.    Restrictions. The Website and the Content (as defined below) available thereon are provided to you for information purposes. You may use the Website for your information purposes and for contacting us, but you shall not (and shall not permit or encourage any third party to) do any of the following: (a) make available or use the information on the Website on any other platform or for your own benefit or for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website or the Content for any commercial purposes; (c) use the Website to transmit any illegal, immoral, unlawful and/or unauthorized materials, or interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent; (d) use the Website, to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Website, or any part thereof, including any servers or networks provided by third party service providers; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website; (g) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Website or the Content, or any material that is subject to our proprietary rights, including without limitation for non-internal or commercial purpose, and shall not simulate or derive any source code or algorithms from the Website; and (h) misrepresent or impersonate any person or entity, or falsely state your affiliation, or express, imply that we endorse you in any manner, or represent or distribute inaccurate information about the Website. 
For the purpose of these Terms, “Content” means any information, data, text, photos, graphics, in static or interactive feature, which is provided or otherwise made available to you through the Website. The Content is owned and/or licensed by the Company. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose and is at all times subject to these Terms.
 

2.    DATA AND PRIVACY 

We will use any personal information that we may collect or obtain in connection with the Website in accordance with our Privacy Policy, which is available at https://www.mayakeshet.com/privacy-policy.

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3.    INTELLECTUAL PROPERTY RIGHTS

3.1.    Retention of Rights. We reserve all rights, title and interest to the Website and the Content, and any of their related intellectual property rights, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Nothing in the Terms constitutes a waiver of the Company's intellectual property rights under any law. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
3.2.    Feedback. To the extent you provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Website or any of our current or future products or services.

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4.    THIRD PARTY WEBSITES  

The Website may contain links to websites or pages that are not maintained by Company. Links to third party websites are provided for your convenience and information only. Third party web sites are not under the Company’s control and the Company is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Website does not imply the Company’s endorsement of the third party website or that the Company is affiliated with the third party website's owners or sponsors.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

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5.    DISCLAIMERS OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE WEBSITE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.

 

6.    LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR IMPROPER USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE WEBSITE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

 

7.    INDEMNIFICATION

If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against Company, Company's affiliate, and/or any of our respective directors, officers, employees, or representatives (each, an “Indemnitee”), and it is based upon or arises from:
(a)    your use of the Website or Content; and/or
(b)    your breach of any provision of these Terms
(each of the foregoing, an “Indemnity Claim”) then, upon written request by Company (to be decided in our sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (i) Company reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with Company's defense activities at your own cost and expense; and (ii) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).

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8.    TERM AND TERMINATION

8.1.    Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated. You may stop using the Website at any time, at your sole discretion. The Company may stop providing the Website, and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Website.
8.2.    Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

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9.    GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the state of New Jersey, USA excluding rules as to choice and conflicts of law and the eligible courts in NJ, shall have exclusive jurisdiction over all disputes between the parties related to these Terms; however, Company may bring suit for payment in the country where your entity is located. 

 

10.    GENERAL

10.1.    Changes to Terms. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website. You are responsible for checking the Website regularly for such changes. By continuing to access or use the Website you agree to be bound by the revised Terms.
10.2.    Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
10.3.    Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. 
10.4.    Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
10.5.    Entire Agreement. These Terms contain the entire agreement between Company and you relating to your use of the Website and Content and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms.
10.6.    Assignment. You may not assign your rights or delegate your obligations under these Terms without Company's prior written consent. Any purported assignment contrary to this section will be null and void and without effect. Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
10.7.    No Third-Party Rights. There are no third-party beneficiaries to these Terms.
10.8.    Force Majeure. Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Website shall not be deemed within Company's reasonable control.
10.9.    Communication. If you have any questions about these Terms or about the Company in general, please contact us at: info@mayakeshet.com. Subject to the content of your inquiry, Company may request that you provide additional information in order to allow the appropriate handling of your inquiry.