1. Accepting the Terms
By using the information, tools, features and functionality located on www.thumbarriba.com (together, the "Services"), you agree to be bound by this Agreement, whether you are a Visitor (which means that you simply browse the www.thumbarriba.com website) or you are a Member (which means that you have registered with ThumbArriba, if applicable). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Services and you may not accept this Agreement if you are not of a legal age to form a binding contract with ThumbArriba.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
3. Your Use of the Services
Your right to access and use www.thumbarriba.com and the Services is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use www.thumbarriba.com for lawful purposes only.
Accurate records enable ThumbArriba to provide the Services to you. In order for the Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services to you will be affected.
Your access and use of www.thumbarriba.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.thumbarriba.com or other actions that ThumbArriba, in its sole discretion, may elect to take, or as a result of any other cause beyond ThumbArriba's control.
4. ThumbArriba's Intellectual Property Rights
ThumbArriba reserves all right, title and interest not expressly granted under this Agreement to the fullest extent possible under applicable laws. Any use of the Services not specifically permitted under this Agreement is strictly prohibited.
5. Access and Interference
You agree that you will not:
6. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH WWW.THUMBARRIBA.COM OR PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THUMBARRIBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR UTILITY OF THE WEBSITE, SERVICES CONTENT OR ANY OTHER CONTENT OR OPERATION OF WWW.THUMBARRIBA.COM OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THUMBARRIBA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON WWW.THUMBARRIBA.COM OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THUMBARRIBA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. THUMBARRIBA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE WWW.THUMBARRIBA.COM WEBSITE OR THUMBARRIBA SERVICE. THUMBARRIBA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE WWW.THUMBARRIBA.COM WEBSITE OR THUMBARRIBA SERVICE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT THUMBARRIBA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
7. Limitations on ThumbArriba's Liability
THUMBARRIBA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO WWW.THUMBARRIBA.COM, YOUR USE OF THE SERVICES OR THIS AGREEMENT, EVEN IF THUMBARRIBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THUMBARRIBA OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THUMBARRIBAS' LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $5.00 (FIVE UNITED STATES DOLLARS).
8. Your Indemnification of ThumbArriba
You shall defend, indemnify and hold harmless ThumbArriba and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you or to any use by you of the Website or Services in violation of another party's rights or applicable law.
This agreement will remain effective until terminated by you or terminated by us.
ThumbArriba may modify this Agreement from time to time.The Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
11. Governing Law and Forum for Disputes
The laws of the State of ISRAEL without regard to its conflict or choice of laws provisions shall govern this Agreement, and your relationship with ThumbArriba under this Agreement. Any dispute with ThumbArriba, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Tel-Aviv court ISRAEL.
You also acknowledge and understand that, with respect to any dispute with ThumbArriba, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if ThumbArriba does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which ThumbArriba has the benefit of under any applicable law), this will not be taken to be a formal waiver of ThumbArriba's rights and that those rights or remedies will still be available to ThumbArriba.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
ThumbArriba may provide notification, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, written or hard copy notice, or through conspicuous posting of such notices on the Website, as determined by ThumbArriba in its sole discretion. ThumbArriba reserves the right to determine the form and means of providing notification to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, OTHER THAN ANY SERVICES AGREEMENT (IF APPLICABLE).
Date Last Revised: May 1 2012