Term of Use

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to this website (the “Site”). The Site is the property of To-Be Education Ltd. (“To-Be”) and its licensors. By using the Site, you agree to these terms of use; if you do not agree, please do not use the Site.

Modification of Terms of Use

To-Be reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Services

To-Be developed a platform where teachers and/or publishers may offer, buy, sell (or any other way of merchandise) over the platform of the Site, educational materials and games among other teachers, by uploading and publishing their content over the Site ("Teachers" and "Teacher's Content", respectively). At no time, To-Be owns or sells any product for or on behalf of the Teachers or any other entity whatsoever and the Teacher's Content remains at all times the sole property of the applicable Teacher. The Teacher is solely responsible for the pricing and sale of the Teacher's Content. To-Be is not responsible for any delay in payment caused by our payment processors.When Teacher upload and price the goods on the Site, such Teacher represent and warrant that he/she gain all the rights and abilities to sell the Teacher's Content, and that the Teacher's Content is accurate, current, complete and is not deceptive or misleading. In addition, Teacher represents and warrants that the Teacher's Content will not cause any infringement of any right of intellectual property, including, without limitation, any copyright or trademark right, of any third party.

Any information, materials or content that Teacher passes, submits or displays on the Site is under such Teacher's username and on its own responsibility. However, by making the Teacher's Content available through our Site, you hereby grant To-Be a royalty-free, perpetual, irrevocable, non-exclusive, worldwide, sub-licensable right to use any copyright, trademark rights publicity rights, and/or database rights you have in such Teacher's Content, in any media now known or later developed, solely as reasonably necessary to make the Teaching Content available through the Site.

Copyright

With the exception of the Teacher's Content, all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, computer code, design, structure, selection, coordination, organization, arrangement and other matters related to the Site are owned, controlled or licensed by or to To-Be, and are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without To-Be’s express prior written permission. Any content that To-Be deems as infringing of any rights of any third party, will be removed/terminated from the Site.

Links to other websites

Our Site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, all rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. To-Be is not responsible for the content, accuracy or opinion expressed in such websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. You should exercise caution and look at the terms of use applicable to the website in question.

For the avoidance of doubt, To-Be doesn’t take any participation in any actual transaction made through the Site and services provided through it. Furthermore, To-Be is not the agent or representative of any teacher, publisher or any of the buyers, and is not responsible for any damage or loss as a result of any transactions. In the event a dispute is formed between you and any third party, To-Be will have no obligation to become involve and by using the Site's services you hereby release To-Be from any claims, demands or damages in any kind arising from such dispute.   

Purchases; Other Terms and Conditions

To-Be’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

To-Be may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and To-Be makes no commitment to update the materials on the Site with respect to such products and services. When you purchase a product on the Site, you agree not to share it with any of your colleagues without an additional license, or to post your purchased product on the internet.

Disclaimers

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO-BE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO-BE CANNOT ENSURE THAT THE INFORMATION AND SERVICES ARE FREE OF BUGS OR ERRORS OR PROBLEMS OR OTHER LIMITATIONS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. TO-BE FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TO-BE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. ANY INTERACTION BETWEEN YOU AND OTHER VISITORS OF THE SITE (INCLUDING WITHOUT LIMITATION PURCHASE, SALE AND PAYEMENTS) ARE SOLELY BETWEEN YOU AND THAT INDIVIDUAL. YOUR SOLE REMEDY AGAINST TO-BE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO-BE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TO-BE AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. FOR ANY TECHER'S CONTENT YOU UPLOAD TO THE SITE, YOU REPRESENT AND WARRANT THAT YOU RETAIN THE RIGHT AND/OR LICENSE TO REPRODUE, PUBLISH, PUBLICLY DISPLAY, PUBLICY PERFORM, DISTRIBUTE OR GRANT ANY RIGHT TO USERS; AND THAT THE CONTENT IS FREE OF ANY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL INFRIGMENTS OF ANY THIRD PARTY; AND THAT YOU HAVE THE CONSENT, RELEASE, AND/OR PERMISSION OF EACH IDENTIFIABLE PERSON DEPICTED IN YOUR CONTENT TO UPLOAD, TRANSMIT, PUBLISH, SUBLICENSE, AND/OR DISSEMINATE THEIR NAME AND/OR LIKENESS THROUGH THE TECHER'S CONTENT.

Indemnity

You agree to indemnify, defend and hold To-Be, its officers, directors, shareholders, employees, attorneys, agents, subsidiaries and affiliates, harmless from any and all demands, loss, liability, damages, claims or expenses (including reasonable attorneys’ fees), made against To-Be by any third party due to or arising out of or in connection with your use of the Site.

Governing Law; Jurisdiction

You agree that all matters relating to your access to or use of the Site, including all actions or proceedings arising directly or indirectly out of these Terms of Use shall be exclusively governed by, construed and enforced in accordance with the internal laws of the State of Israel (excluding its choice of law provisions). You hereby irrevocably submit to the jurisdiction of the competent courts of the Tel Aviv District in Israel, and hereby waive any objection regarding jurisdiction or forum.