Michal Wimmer and her staff, (“Roshida” or “we”) operates Roshida.com (the “Site”), which is a content hosting service that allows Users (as defined in the following paragraph) to purchase products and services. The products and services offered by Roshida include courses, book, guides, reviews, and any other features, content, Roshida branded URLs or applications offered from time to time by Roshida in connection with Roshida’s business (collectively, the “Roshida Products and Services”). The Roshida Products and Services are hosted in the United States.
This Agreement includes Roshida’s policy for acceptable use of the Roshida Products, Services and Content posted on or through the Roshida Products and Services and your rights, obligations and restrictions regarding your use of the Roshida Products, Services and Content posted on or through the Roshida Services. In order to participate in certain Roshida Products and Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Roshida. Unless otherwise provided by the additional terms and conditions applicable to the Roshida Products and Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: firstname.lastname@example.org , Subject: Terms of Service Agreement.
Roshida may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by Roshida on the Site. Your continued use of the Roshida Products and Services after Roshida posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Roshida Products and Services and that you make available directly or indirectly to other Users. Any Content that you upload to Roshida may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Roshida Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Roshida assumes no responsibility or liability for this material. If you become aware of misuse of the Roshida Products and Services by any person, please email email@example.com and include in your email a URL to the material in question.
Roshida reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or files) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Roshida Products and Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Roshida expressly reserves the right to remove any or all of your images, files, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Products and Roshida Services if Roshida determines, in its sole discretion that you have violated this Agreement or pose a threat to Roshida and/or its Users.
1. Eligibility. Use of the Roshida Products, Services and/or registration to be a Member (“Membership”) is void where prohibited. By using the Roshida Products and Services, you represent and warrant that (a) 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 (d) your use of the Roshida Products and Services does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Roshida Products and Services. You may terminate your relationship at any time, for any reason. Roshida may terminate the relationship at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after relationship and/or your use of the Roshida Products and Services are terminated, this Agreement will remain in effect in its entirety.
3. Use by Users.
3.1 The Roshida Products and Services are for the personal and educational use of Users, but direct or indirect commercial endeavors may only be used if they are specifically endorsed or authorized by Roshida. Roshida reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Roshida Products and Services, including collecting user names, nicknames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, files and/or Member profiles without notice or explanation and may result in termination of Membership privileges. Roshida reserves the right to take appropriate legal action for any illegal or unauthorized use of the Roshida Products and Services.
3.2 The information contained in Roshida Products and Services is by no means treatment, diagnostics, or any part thereof. It is intended for educational purpose only. It does not replace discussion and consulting with professionals and children health practitioners. Analysis of children’s drawings is not an exact science and can be subjective to the individual conducting the interpretation. Different interpreters may view the drawings in a different light than presented in the review. The authors of the Products and Services are trained in children drawings analysis and exerted considerable effort to ensure the accuracy of the Products and Services based on common practice methodologies. Roshida.com is not responsible for any damage resulting from the use of information in its Products and Services.
4. Proprietary Rights in Content on Roshida.
4.1 Roshida does not claim any ownership rights in the text, files, images, photos, art works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Roshida Products and Services. By displaying or publishing (“posting”) any Content on or through the Roshida Products and Services, you hereby grant to Roshida a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked “private” will not be distributed outside the Roshida Products and Services. Roshida may copy, print or display publicly available Content outside of the Roshida Products and Services, including without limitation, via the Site or third party websites or applications. After you remove your Content from the Roshida Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Roshida Website you change the Content’s privacy setting to “private,” we will cease any further distribution of such “private” Content outside the Roshida Website as soon as practicable.
4.2 You represent and warrant that: (i) you own the Content posted by you on or through the Roshida Products and Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Roshida Products and Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights guardian rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Roshida Products and Services.
4.3 The Roshida Products and Services contain Content of Roshida (“Roshida Content”). Roshida Content is protected by copyright, trademark, patent, trade secret and other laws, and Roshida owns and retains all rights in the Roshida Content and the Roshida Products and Services. Roshida hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Roshida Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Roshida Products and Services.
4.4 The Roshida Products and Services contain Content of Users and other Roshida licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Roshida Products and Services.
4.5 Roshida performs technical functions necessary to offer the Roshida Products and Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Roshida Products and Services.
4.6 Although the Site and other Roshida Products and Services are normally available, there will be occasions when the Site or other Roshida Products and Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Roshida. Also, although Roshida will normally only delete Content that violates this Agreement, Roshida reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Roshida in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Roshida encourages you to maintain your own backup of your Content. In other words, Roshida is not a backup service. Roshida will not be liable to you for any modification, suspension, or discontinuation of the Roshida Products and Services, or the loss of any Content.
5. Content Posted.
5.1 Roshida may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Roshida violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Roshida assumes no responsibility for monitoring the Roshida Products and Services for inappropriate Content or conduct. However regardless of whether the Content is public or private, Roshida may choose to monitor such Content at any time, in its sole discretion. If at any time Roshida chooses to monitor the Roshida Products and Services, Roshida nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on or through any of the Roshida Products and Services, and any material or information that you transmit to other Users and for your interactions with other Users.
6. Content/Activity Prohibited. You must use the Roshida Products and Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Roshida Products and Services. Roshida reserves the right to investigate and take appropriate legal action against anyone who, in Roshida’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Roshida Products and Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Roshida:
6.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 6.2 harasses or advocates harassment of another person; 6.3 exploits people in a sexual or violent manner; 6.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; 6.5 solicits personal information from, or an image of anyone under 18; 6.6 publicly posts information that poses or creates a privacy or security risk to any person; 6.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 6.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; 6.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; 6.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 6.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; 6.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 6.13 involves commercial activities and/or sales without prior written consent from Roshida such as contests, sweepstakes, barter, advertising, or pyramid schemes; 6.14 includes a photograph or video of another person that you have posted without that person’s consent, or that is below age 18; or 6.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights, guardian rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Roshida Products and Services. Roshida reserves the right to investigate and take appropriate legal action against anyone who, in Roshida’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 6.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, “pyramid schemes,” Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 6.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Roshida Products and Services. You may not transmit any chain letters or junk email to other Users. 6.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Roshida Services 6.19 Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Roshida Products and Services to send altered, deceptive, or false source-identifying information; 6.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 6.21 interfering with the access of any User, host or network to the Site; 6.22 covering or obscuring the banner advertisements on your personal profile page, or any Roshida page via HTML/CSS or any other means; 6.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; 6.24 any automated use of the system, such as, but not limited to, using scripts to send images or files; 6.25 interfering with, disrupting, or creating an undue burden on the Roshida Products and Services or the networks or services connected to the Roshida Products and Services; 6.26 impersonating or attempting to impersonate another User, person or entity; 6.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 6.28 selling or otherwise transferring your profile; 6.29 using any information obtained from the Roshida Products and Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; 6.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Roshida Products and Services on behalf of that person or 6.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content; 6.32 using any meta tags or other hidden text or metadata utilizing a Roshida name, trademark, URL or product name without Roshida’s express written consent; 6.33 attempting to probe, scan or test the vulnerability of any Roshida Products and Service or breach any security or authentication measures; 6.34 collecting or store personal data about other users without their express permission; 6.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or 6.36 using the Roshida Products and Services in a manner inconsistent with any and all applicable laws and regulations.
7. Member Disputes. You are solely responsible for your interactions with other Members of Roshida Products and Services . Roshida reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
8. Disclaimers. Roshida is not responsible for and makes no warranties of any kind, either express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Roshida Products and Services, whether caused by Roshida itself, Users of the Roshida Services or by any of the equipment or programming associated with or utilized in the Roshida Products and Services and such Content does not necessarily reflect the opinions or policies of Roshida. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. Roshida is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Roshida. Inclusion of any linked website on the Roshida Products and Services does not imply approval or endorsement of the linked website by Roshida. When you access these third-party sites, you do so at your own risk. Roshida takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Roshida Products and Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Roshida is not responsible for the conduct, whether online or offline, of any User of the Roshida Products and Services. Roshida assumes 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 User communication. Roshida is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Roshida Products and Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Roshida Services. Under no circumstances shall Roshida be responsible for any loss or damage, including personal injury or death, resulting from use of the Roshida Services, from any Content posted on or through the Roshida Products and Services, or from the conduct of any Users of the Roshida Products and Services, whether online or offline. The Roshida Products and Services are provided “AS-IS” and as available and Roshida expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Roshida cannot guarantee and does not promise any specific results from use of the Roshida Products and Services.
9. Limitation on Liability. IN NO EVENT SHALL ROSHIDA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ROSHIDA PRODUCTS AND SERVICES, EVEN IF ROSHIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROSHIDA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROSHIDA FOR THE ROSHIDA PRODUCTS AND SERVICES DURING THE TERM OF MEMBERSHIP.
10. U.S. Export Controls. Software available in connection with the Roshida Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Roshida Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
11. Disputes The Agreement shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to its conflict of law provisions. You and Roshida agree to submit to the exclusive jurisdiction of the courts located in Israel to resolve any dispute arising out of the Agreement or the Roshida Products and Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
12. Indemnity. You agree to indemnify and hold Roshida, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Roshida Products and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Roshida Products and Services causes Roshida to be liable to another.
13. Protecting Copyrights and Other Intellectual Property. Roshida respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Roshida has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Roshida Products and Services in a way that constitutes copyright infringement, please notify Roshida at: firstname.lastname@example.org
14. Refund policy. As convenient, efficient, and effective as online learning has proven itself to be, we realize that it does not suit everyone. Because online learning is fun and challenging, Roshida recommends that every visitor view the free e-book prior to purchasing any product and service. Moreover, the private consultation review requires manual work based on specific drawings related to a child. Accordingly, our policy is that all fees related to the purchased products and services are non-refundable.
15. Other. This Agreement is accepted upon your use of the Site or any of the Roshida Products and Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Roshida regarding the use of the Roshida Products and Services. The failure of Roshida to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: email@example.com with any questions regarding this Agreement.