my6sense
my6sense - your digital intuition
Terms of Use
Terms of Use

The website www.my6sense.com and all of its sub domains ("Site") are owned and operated by my6sense, Inc. and its affiliates ("my6sense").

THE TERMS OF USE ("TERMS") SET FORTH BELOW DESCRIBE THE TERMS AND CONDITIONS THAT SHALL GOVERN YOUR USE OF THE SITE AND THE SERVICES PROVIDED BY THE SITE ("SERVICES"), WHETHER OR NOT YOU HAVE CREATED A USER ACCOUNT. BY USING THE SITE AND/OR THE SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS THEN YOU MAY NOT ACCESS THE SITE NOR USE THE SERVICES.

my6sense may amend these Terms at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. These Terms may not be otherwise amended except in a written instrument signed by you and my6sense.

Registration

1. In order to enjoy certain features included in the Services, you may be required to register your user information with my6sense. As part of the registration process you will be asked to select a user name and password and to provide my6sense with certain information. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. Selection and use of your user name and password is subject to the terms hereof.

Services

2. Our Services are available only to individuals and/or entities that can form legally binding contracts under applicable law.

3. my6sense may change some or all of the Services, add additional Services offered through the Site, discontinue all or part of the Services, restrict access to certain Services or limit certain Services to paying users at any time and in its sole discretion.

User Conduct

4. Generally, you agree to use the Services in a manner that demonstrates good taste and respect for the rights of my6sense and of third parties.

5. You agree that you will not use the Services for any purpose that is illegal, prohibited by these Terms, infringes upon the rights of my6sense or of others or that is otherwise deemed offensive by my6sense. To that end, you agree, by way of example and not by way of limitation that you will not:

(i) use the Site and/or the Services in a manner that infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity;

(ii) use the Site and/or the Services in a manner that is libelous, defamatory, slanderous, contains pornographic or other explicitly sexual content, denigrates or offends any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, designed to or does harass, threaten, defame or abuse others, encourages or depicts the conduct of other illegal activity, that contains or links to any viruses or any other programs or technology designed to disrupt or damage any software or hardware or is generally offensive or in bad taste;
(iii) use the Site and/or the Services to create or distribute "spam" e-mail messages;

(iv) interfere with the Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware or to by pass any measures employed by my6sense to restrict access to any part of the Site;

(v) impersonate another person or entity;

(vi) attempt to discover the software code underlying the Site or Services or any part thereof;

(vii) engage in any activity that interferes with any third party's ability to use or enjoy the Services or with my6sense's ability to provide the Services; or

(viii) assist any third party in engaging in any activity prohibited by these Terms.

6. my6sense may at any time without prior notice remove any or all content posted to and/or transmitted or made available via the Site and/or the Services in contravention of these Terms or otherwise deemed inappropriate by my6sense in its sole discretion.

7. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of, or access to, the Site and/or the Services.

User Responsibility

8. You understand that all information, whether publicly posted or privately transmitted by users of the Services, is the sole responsibility of the person from whom such information originated. This also means that you, and not my6sense, are entirely responsible for all content that you upload or otherwise make available via the Services. my6sense does not control the content posted by users via the Services and, as such, does not guarantee the legality, non-infringement, accuracy, integrity or quality of such content. Therefore, and without derogating from Section 15 below, under no circumstances will my6sense be liable in any way for any content displayed on or otherwise included in the Site or transmitted via use of the Services by users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or any infringement of third party rights. my6sense reserves the right, but shall have no obligation, to pre-screen, refuse, censor, move or remove any content posted to the Site or otherwise made available or transmitted via the Services.

9. You hereby grant to my6sense an unlimited royalty-free worldwide permission to utilize and/or reproduce and/or modify any content submitted to and/or transmitted or made available via the Site and/or Services including but not limited to data, text, software, music, sound, photographs, images, trade names, designs, logos, graphics, video, messages, tags and/or other creative works or materials.

10. The Services provided by my6sense allow you to post messages and other content to third party websites via the Site and the Services. By doing so, you undertake to comply with the terms and conditions and policies of such third party websites that govern the posting of such messages or other content to such sites.

Site Content

11. Much of the content displayed by my6sense on the Site is content that is collected and aggregated by my6sense from third party sources, which is mostly done automatically, and such content also includes items posted by users to forums, message boards and other user communities (such content, collectively, "Third Party Content"). my6sense does not necessarily review all Third Party Content and makes no warranties or representations with respect to Third Party Content, including with respect to its legality, non-infringement, offensiveness, ownership and content or otherwise. my6sense may remove any content displayed on and/or posted to the Site at its sole discretion and without prior notice.

12. The Site may contain links to third party websites, whether posted by my6sense or by users of the Services. my6sense has no control over and makes no representations with respect to the content or any other aspect of such third party websites and will have no responsibility or liability with respect therewith.

Intellectual Property Rights

13. The Services and any software used in connection with the Services ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. my6sense will solely and exclusively own all intellectual property and other rights, title and interest in and to the Services and the Software, and my6sense will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore and for any continuations and derivative works thereof. You will not by use of the Services or accessing the Site acquire any right, title or interest in any rights of my6sense under these Terms or otherwise.

14. Other than as specifically provided by the Services, none of the content on our site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of my6sense or in accordance with the Services.

15. Privacy. Our current Privacy Policy is available here and is incorporated herein by reference. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on our site.

16. No Warranty. WE PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR SERVICES ARE ERROR-FREE OR WILL OPERATE UNITERRUPTED. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

17. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, MY6SENSE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED REQUESTS OR OTHER ECONOMIC ADVANTAGE (EVEN IF MY6SENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES FOR ANY REASON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE SITE OR ACCESSED VIA THE SERVICES OR THE SITE; (v) ANY RELIANCE ON ANY THIRD PARTY INFORMATION PROVIDED ON OR VIA OUR SITE OR THE SERVICES, INCLUDING FEEDBACK POSTED BY ANY OTHER USER; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) US$1. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

18. Qualifications and Limitations Basis of Bargain. The limited warranty, exclusive remedies and limited liability provisions set forth herein are fundamental elements of these Terms, and you accept and confirm that my6sense would not be able to provide the Site or the Services (both of which my6sense provides free of charge) on an economic basis without such limitations.

19. Indemnity. You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Services or breach by you of this Agreement or the documents it incorporates by reference, including any use by your employees, or your violation of any law or the rights of a third party, including any such violation by your employees, or any violation of the rights of another.

20. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Services.

21. Survival. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your account and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability.

22. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to my6sense, 86 king david st. Herzliya 4661, Israel or to the following email address info@my6sense.com (in the case of my6sense) or to the email address you provide to my6sense during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

23. Governing Law and Forum. This Agreement shall be governed in all respects and construed in accordance with the internal substantive laws of the State of New York, USA, and you hereby consent and submit to the exclusive jurisdiction of the competent courts located in the borough of Manhattan, NYC, New York, USA over all matters relating to this Agreement.


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