TOS

TERMS OF SERVICE

1. WELCOME

Welcome to the FoodPlanet website provided to you by Kumma D.P. Ltd.(which will be referred to herein as either “FoodPlanet”, “we”, “us” or “our”)which we’ve created for your entertainment and informational purposes.This website, and any related content,services, modules, functions, software or platforms, were designed by us toprovide you with food-related content from around the globe (collectively, the “Site”). These Terms of Service (the “Terms”) constitute a set of rules by which we operateour Site.

By visiting or accessing the Site, you acknowledge that you are of legal age (and in no case less than 13 years old), agree to the Terms, and are subject to their binding terms and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS AND ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT VIEW OR ACCESS THE SITE. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time.

2. CONTENT

The Site is our proprietary property, or that of our licensors or licensees. You acknowledge that the Site or its output may contain information, content, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, ideas, and other materials (collectively, “Content”) that are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.We grant you the ability to view and access this Content provided that you fully comply with the provisions of these Terms. Bear in mind that FoodPlanet neither warrants nor represents that the Content will not infringe rights of third parties not owned by FoodPlanet.

All trademarks appearing on this Site are trademarks of their respective owners. “FoodPlanet” and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Site are proprietary to us. Our commercial partners, customer, suppliers, advertisers, sponsors, licensors, contractors and any other third partiesmay also have additional proprietary rights in the Content which is made available on this Site.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, unless specifically granted the right to do so herein. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from the owner of such Content to do so.Violators will be prosecuted.

3. COPYRIGHT INFRINGEMENT POLICY

FoodPlanet is committed to protecting the rights of copyright holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and FoodPlanet will undertake appropriate steps against copyright repeat offenders.

We will process notices of alleged copyright infringement and will take appropriate actions provided that such notices are sent to notice@foodplanet.tv and contain the following information:

(i) your statement that you are either the owner of the copyrighted work or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(ii) a physical or electronic signature;

(iii) a description of the copyrighted work claimed to have been infringed;

(iv) a description of the allegedly infringing material that you are requesting be removed, as well as sufficient information to assist us in reasonably locating the material (such as a link to it);

(v) clear and sufficient contact information to enable us to contact you;

(vi) a statement from you that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law, and that all the information in the notification is accurate, and under penalty of perjury, you are undertaking that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Upon receipt of notices complying with the above, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.Please be aware that any information provided in your notice will be forwarded to the person who provided the allegedly infringing Content, who will have the opportunity to respond with a counterclaim.

4. COMMUNICATIONS

Please note that except where expressly provided otherwise by FoodPlanet, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By transmitting or posting any communications or materials to this site, you agree that FoodPlanet or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. FoodPlanet and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.

5. THIRD PARTY LINKS AND INFORMATON PROVIDED

The Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, content, third-party opinions and links to third party websites,which are not owned or controlled by us. We do not endorse any such third-party information and such information issolely provided as a convenience to our users and visitors. As such, wealso assume no responsibility for the content, privacy policies, or practices of any third party. In addition, FoodPlanet will not and cannot censor or make any changes to the property of any third-party site. By using this Site, you expressly release FoodPlanet from any and all liability arising from your use of any third-party websites. FoodPlanet encourages you to be aware when you have left this Site and to read the terms and privacy policies of the third party websites that you visit.

6. NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SITE AND OTHER MATERIALS OR INFORMATION PROVIDED TO YOU UNDER THESE TERMS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SITE AND RELIANCE ON ITS CONTENT IS DONE SOLELY AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE SITE AND ITS CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT.

WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless us and our directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by us and/or any of our Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Site.

OUR CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A VISITOR FOR USE OF THE SITE.

WEWILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY USOR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. PRIVACY

To learn more about how we protect personal information collected through the Site, please refer to our Privacy Policy.

9. MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv-Jaffe, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.

Version: July 2014