Terms of Service

Triphop Ltd. (“Stribe“, “Stribe.shop”, “us“, “our“, or “we“), a company incorporated in the State of Israel with Company No. 515713360, has developed and operates a system that allows Influencers , Bloggers, content creators, Communities (“Admin“) to provide their followers, fans, members, friends, traffic (“Followerss“) with access to a marketplace platform, which includes access to Ecommerce, products and links coupons and collaboration, in a variety of fields, allows purchasing various products, and other related services (the “Platform” and the “Services ” respectively). These Terms of Service (“Terms“) govern your access and use of the Platform and Services. Our Privacy Notice, available at [Stribe.shop/privacy] (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Platform and/or Services which is: (1) a agent representative of the Admin (“Representative“); and/or (2) an Followers of the Admin who was granted access to the Platform in connection with Admin’s use.

If you are registering as a Representative or on behalf of and Admin, you represent that you are authorized to enter into, and bind the Admin to these Terms and register for the Platform and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Admin and the right to access the Services is revoked where these Terms or use of the Services is prohibited.

Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms. Changes may be made to these Terms from time to time and your continued use of the Services following any changes to these Terms signifies your assent to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Platform or Services.

1. Use of Services

1. Subject to these Terms, Stribe allows you, as a Representative or Followers, to access and use the Platform and Services on a non-exclusive basis. 
2. Use of and access to the Platform and/or Services is void where prohibited by law. You represent and warrant that: (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.

3. By using the Platform and/or Services as a Representative, you represent and warrant that: (a) you have all necessary rights to provide Stribe with Personal Data of Followerss, (b) each Followers has received adequate notice with respect to the transfer of such Followers’s Personal Data by the Admin and Representative to Stribe; and (c) to the extent required under applicable law, the Followers’s consent thereto has been obtained.

4. In connection with the Services, you may be offered third party services that will be provided to you outside the Platform. We have no control over such services and/or the systems through which they are provided. To the extent that such service is provided to you through any other online platform, you are responsible to review the terms of use and privacy notice of such platform. Such service may be subject to additional terms as determined by the relevant service provider.

2. Account Registration

1. Representative. In order to use the Services, subject to your consent to these Terms, the Representative will create an account on behalf of the Admin. To complete the registration process, the Representative must provide all registration information as requested by us, including phone number, email address, size of company, its location and the purpose of your use of the Services. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services. 

2. Followerss. The Representative may assign accounts to its Followerss, by sending a unique link to each Followers. Thereafter, each Followers shall create its personal account on the Platform. To complete the registration process the Followers must provide all registration information requested by us, including name and contact details. We may indicate that the provision of some information is optional, such as your position with the Admin or your personal interests. Providing such additional information may assist us in providing you with improved Services. 

3. Stribe may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of Representatives and/or Followers users an Admin may register, at its sole discretion, all subject to applicable law and the terms of a separate written agreement between Stribe and the Admin (to the extent applicable).

4. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Stribe will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Stribe harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at info@Stribe.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

3. Termination of Account

1. You acknowledge and agree that Stribe may suspend or terminate your account at any time by providing three (3) days prior notice. In addition, upon occurrence of any of the following events, Stribe may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate: (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Stribe, or (iv) failure to make payment in accordance with the terms specified herein, including use of your chargeback rights with your credit card or denial or dispute of any preapproval obtained by Stribe from your credit card. If your account is terminated, you may not rejoin Stribe again without express permission. Stribe may make modify or discontinue the Services for all users at any time, provided, however, that such changes will not apply to outstanding orders. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.

2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services. 

3. As an Followers, you may request termination of your Stribe account at any time and for any reason by sending an email to your Representative or to Stribe at info@Stribe.com. Following such request, Stribe shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination. 

4. Fees and Payment 

1.  Subscription. The commercial terms for use of Platform and/or Services by the Admin and/or any Representative on its behalf, including the consideration, payment terms and term your engagement, will be in accordance with the subscription plan chosen by the Admin upon registration, or in accordance with a separate written agreement between Stribe and the Admin (“Subscription“). Unless otherwise stated in the Subscription, (a) the Subscription term will be automatically renewed on an annual basis, unless either party elects not to renew the term, by providing 60 days’ prior written notice (including by email) to the other party; and (b) payments shall be made on a monthly basis in advance, at the end of each month in relation to the following month; for the avoidance of doubt, payment for the first month of Services will be charged upon completion of the registration process.

2.  Products. If you are an Followers, you may purchase services and products offered on the Platform (“Products“). In order to purchase such Products, you will need to provide customary billing information, in accordance with the instructions below. The warranty for each Product will be in accordance with the warranty provided by the manufacturer or provider of the Product, to the extent provided.

3.  The prices of each Product and/or service offered on the Platform are as provided upon confirmation of payment, and include VAT. You acknowledge that the images of the Products, including their color and properties, as shown on the Platform are for illustration purposes only. Stribe may, at its sole discretion, update Products offered on the Platform and/or the prices of any Product without prior notice, subject to applicable law. Without derogating from the foregoing, you are solely responsible for any tax payments in connection with any purchase made through the Services, where applicable. 

4. You hereby authorize the collection of any amounts paid in consideration for a Product purchased through the Services, by charging the payment instrument provided, either directly by Stribe or indirectly, via a third-party online payment processor or by one of the payment methods described in the Services. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. Payments made through the use of an expired credit card or whose number is incorrect, or which exceeds the approved credit limit, will not be accepted and Stribe, at its sole discretion, may limit your account as a result. Without derogating from the foregoing and in the event that such failed transaction, Stribe reserves the right to collect any payment or commission that has not been received in full or in part, and any associated costs. A transaction on the Platform will not be considered complete as long as payment has not been received in full by Stribe and you have received confirmation thereof through one of the contact details associated with your account.

5. Please note that Stribe may impose or deduct foreign currency processing costs on or from any payments or payouts by Stribe in currencies other than New Israeli Shekel or United States Dollars. When converting currency, prices may be rounded up to the nearest whole number. 

5. Shipping. Shipping and delivery of a Product purchased on the Platform is not included in the price shown on the Platform, and will be provided to you when you place an order. Delivery will be made by a third-party courier service, not under Stribe’s control, and subject to third-party courier service’s terms. Unless you are otherwise notified at the time of placing an order, the purchased Product will be delivered by courier within 14 business days as of completion of the transaction, to the address requested, and at a time coordinated in advance. In order to perform such shipping, we will transfer your relevant details for delivery to the third-party courier service. You hereby undertake to be present or have someone else present at the coordinate location at the time of delivery agreed with the third-party courier service. Should you or anyone on your behalf not be present to accept the Products ordered at the time and place agreed with the third-party courier service, the third party courier service may charge you an additional fee for a second delivery time agreed with you. 

6. Cancellation policy. You may cancel a transaction that you have made for the purchase of a Product through the Services in accordance with and subject to the provisions of the Consumer Protection Law, 5741-1981 (“Consumer Protection Law“):

1. Cancellation may be done by notifying us in person or by registered mail at our offices at Triphop offices, 10 Gordon St., Tel Aviv, Israel, by e-mail at info@Stribe.shop, or by using the Platform. Requests for cancellations must include your name, identification number, contact information, serial number and order number.

2. Transactions involving the Purchase of Goods. (For example – clothes, shoes, equipment, accessories or vouchers)

1. Transactions may be cancelled within 14 days of the later of the date on which the transaction was affected or the date on which a notice containing details of the transaction was received, whichever is later. Following the processing of your request, Stribe will provide you with a copy of a billing cancellation order. Transactions made by a disabled person, a senior citizen, or a new immigrant (‘Oleh Hadash’), as defined in the Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the later of the date on which the transaction was effected or the date on which a notice containing details of the transaction was received. In order to cancel such a transaction, you may be required to present us with a document indicating that you are a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.

2. If the transaction is cancelled due to any defect in the applicable product, due to any discrepancy between the applicable product and the information provided to you by us prior to the transaction, due to non-delivery of the applicable product on the date stated in the order confirmation or due to any other breach of contract by us, we will, within 14 days as of receipt of you cancellation request, refund the portion of the transaction fee you have actually paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order.

3. If you cancel the transaction for any reason other than the foregoing reasons, we will, within 14 days as of receipt of you cancellation request, refund the portion of the transaction fee you have actually paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower. If, prior to your cancellation request, you have received the purchased product, you must return it to us by a courier on our behalf at a precoordinated time and place.

3. Transactions involving the Purchase of a Service. (For example – products, coupons, links, referrals, stores, dropshipping etc)

1. Transactions may be cancelled within 14 days of the later of the date on which the transaction was affected or the date on which a notice containing details of the transaction was received, whichever is later, provided such cancellation is at least two (2) business days prior to the date such service was to be rendered. Following the processing of your request, Stribe will provide you with a copy of a billing cancellation order. Transactions made by a disabled person, a senior citizen, or a new immigrant (‘Oleh Hadash’), as defined in the Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the later of the date on which the transaction was effected or the date on which a notice containing details of the transaction was received, provided such cancellation is at least two (2) business days prior to the date such service was to be rendered. In order to cancel such a transaction, you may be required to present us with a document indicating that you are, as applicable, a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.
2. If the transaction is cancelled due to any discrepancy between the applicable service and the information we provided to you prior to the transaction, due to non-provision of the applicable service on the date stated in the order confirmation, or due to any other breach of contract by us, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have already paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order.

3. If you cancel the transaction for any reason other than the foregoing, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have actually paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower.

4. Transactions involving the Purchase of an Ongoing Service. (For example – a subscription to numerous activities, lectures, workshops person to person etc., which are a single one-time event)

1. Transactions may be cancelled within 14 days of the date on which the transaction was affected or the date on which a notice containing details of the transaction was received, whichever is later, whether or not the provision of the service has commenced. Following the processing of your request, Stribe will provide you with a copy of a billing cancellation order. Transactions made by a disabled person, a senior citizen, or a new immigrant (‘Oleh Hadash’), as defined in the Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the later of the date on which the transaction was effected or the date on which a notice containing details of the transaction was received. In order to cancel such a transaction, you may be required to present us with a document indicating that you are, as applicable, a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.

2. If the transaction is cancelled due to any discrepancy between the applicable service and the information we provided to you prior to the transaction, due to non-provision of the applicable service on the date stated in the order confirmation, or due to any other breach of contract by us, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have already paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order.

3.  If you cancel the transaction for any reason other than the foregoing, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have actually paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower. Please note that if you have already used the services prior to their cancellation you will be charged for your relative use of such services.

5. Transactions involving Lodging, Travel, Vacation, or Recreational Services. (For example – accommodations at a hotel)

1. Transactions may be cancelled within 14 days of the later of the date on which the transaction was affected or the date on which a notice containing details of the transaction was received, whichever is later, provided such cancellation is at least seven (7) business days prior to the date such service was to be rendered. Following the processing of your request, Stribe will provide you with a copy of a billing cancellation order. Transactions made by a disabled person, a senior citizen, or a new immigrant (‘Oleh Hadash’), as defined in the Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the later of the date on which the transaction was effected or the date on which a notice containing details of the transaction was received, provided such cancellation is at least two (2) business days prior to the date such service was to be rendered. In order to cancel such a transaction, you may be required to present us with a document indicating that you are, as applicable, a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.
2. If the transaction is cancelled due to any discrepancy between the applicable service and the information we provided to you prior to the transaction, due to non-provision of the applicable service on the date stated in the order confirmation, or due to any other breach of contract by us, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have already paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order.

3. If you cancel the transaction for any reason other than the foregoing, we will, within 14 days of receipt of your cancellation request, refund the portion of the transaction fee you have actually paid, cancel your charge with respect to the transaction, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower.

6. Transactions involving Perishable Goods (for example – food, products which may not be used once opened or a product which may spoil in a short time period) Upon placing an order for perishable goods on the Platform you will not be able to cancel it nor will you have the right to return it, except as provided under applicable law.

7. Third-Party Content. The Platform may provide you with third-party links (including, without limitation, advertisements) to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.

8. Content

1. Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, information, products and or purchasing recommendations and any other material related or arising out of the foregoing, and any modifications or derivatives of the foregoing. Stribe allows you to upload certain content on or through the Services, referred to herein as “User Content“.

2. Content comes from a variety of sources. You understand that Stribe is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

3. Stribe DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT. COMPANY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO Stribe’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

9. User Content Restrictions

1. Stribe has no obligation to accept, display, or maintain any User Content. Moreover, Stribe reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iii) that you have all necessary rights, licenses, consents, and authorities required under applicable law to submit such User Content. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by Stribe without compensation to you. 

2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: 
   1. restricts or inhibits use of the Services; 
   2. violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals; 
   3. infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; 
   4. is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; 
   5. does not comply with all applicable laws, rules and regulations; 
   6. imposes an unreasonably or disproportionately large load on our infrastructure; or 
   7. posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: 
      1. material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), 
      2. material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, 
      3. pornography or obscene material, 
      4. any virus, worm, trojan horse, or other harmful or disruptive component; or 
      5. anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive. 

3. Stribe may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Stribe reserves the right to treat User Content as content stored at the direction of users for which Stribe will not exercise editorial control except when violations are directly brought to Stribe’s attention.

4. It is possible for others to obtain Personal Data about you due to your use of the Platform, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Platform or through any User Content by any user or any third party. By making any information available through the Platform you acknowledge that you understand and have agreed to such risks.

10. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Platform or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account or password without permission; (6) use the Platform or Services or content thereon in any manner not permitted by these Terms or applicable law.

11. Intellectual Property

1. Stribe or its licensors, as the case may be, have all right, title and interest in the Platform, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Stribe or any third party. If you provide Stribe with any feedback regarding any content on the Platform and/or Services, Stribe may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

2. You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant: (i) other users of the Platform and/or Services a limited license to use such User Content through the Services and subject to these Terms, and (ii) Stribe and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the Platform for the purpose of providing the Services, improving the Stribe’s services, and for providing you with targeted advertisement and marketing materials, subject to the Privacy Notice.

3. Without derogating from the foregoing, it is hereby clarified, that certain information, including Personal Data, and User Content relating to an Followers are collected through the Services, and will be available to the applicable Admin and/or its Representative.

12. Copyright

1. The policy of Stribe is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Stribe will refuse to use and remove any User Content in connection with the Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA“), Stribe will remove any Content (including, without limitation, any User Content) if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Stribe is to terminate the accounts of repeat infringers in appropriate circumstances.

2. You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.

3. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or that access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA allows you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult with your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us at info@Stribe.shop.

13. Disclaimers and Disclaimer of Warranty

1. All information and content posted on the Platform is for informational purposes only and Stribe provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Services, content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs. 

2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT OR PRODUCTS OFFERED THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM AND/OR SERVICES. 

3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

4. You acknowledge and agree that Stribe is not a data retention service. You therefore must create backups of your data, and Stribe shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

5. You acknowledge and agree that certain Products and/or Services may include physical activity. It is your sole responsibility to ensure your suitability and ability to participate in such activities. We recommend that you consult a physician before commencing any physical activity. The company expressly disclaims any and all liability for damages caused as a result of your health condition. 

14. Limitation of Liability

1. Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s property, including mobile device or computer, resulting from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Stribe, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

2. IN NO EVENT SHALL Stribe, ITS OFFICERS, DIRECTORS, Followers, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT StribeHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. SUBJECT TO APPLICABLE LAW, IF YOU HAVE NOT MADE ANY PAYMENTS TO Stribe FOR THE USE OF THE SERVICES, THEN Stribe SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

15. Indemnification. You agree to indemnify, defend, and hold harmless Stribe, its Followers, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; and (d) your infringement of any right of any third party. 

16. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Stribe or enables you to act on behalf of Stribe. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. In case we need to contact you, you agree that we may do so to any address known to us, including by email.

Last updated: January , 2022