Terms of Service
- Turns most updated TOS can be found on Turns' website, however the Terms of Service may change from time to time without any prior notice.
- By using any of the Turns products, software, or services (the "Services") you agree to be bound by the following terms and conditions ("Terms of Service").
- The failure of Turns to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- You agree that Turns owns all legal rights in the Service. You must not remove, modify or obscure any legal notices.
- You are not entitled to use Turns’ brands, domain names, or other distinctive brand features.
- Violation of any of the terms hereof can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
- If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
- These Terms of Service constitute the entire agreement between you and Turns and replace all previous agreements under this title. There are no verbal subsidiary agreements.
Provision of the Services by Turns
- Your use of the Services is at your sole risk and at your own discretion. The Services are provided on an "as is" and "as available" basis.
- Turns does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
- You understand and agree that Turns shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Turns may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
- Technical support is provided on a best-effort basis and only by e-mail or by telephone as per Turns decision.
- You understand that Turns can use third parties (e.g., hosting partners and/or other service providers) to provide the Services (e.g., hardware, software, networking, storage, etc.) .
- Turns may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Turns’s sole discretion. Any new, changed, or removed features are subject to these Terms of Service.
- By continuing to access or use the Services following such changes have entered into effect, you agree and accept to such changes and the terms and conditions associated with them.
Use of the Services
- You agree to use the Services only for purposes that are permitted by (i) these Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- Turns may offer or require you to register for a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your mobile device. User-accounts registered by bots or other automated methods are not permitted and not recommended.
- For certain services, Turns may offer to upload your personal photo. You are responsible not to upload any abusive materials, not to infringe any copyrights or trademarks or other third party rights or intellectual property and to not use a design which other Turns users or the public may deem offensive.
- You agree that you will not impersonate another person.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Turns.
- You agree that you are solely responsible for any breach of your obligations under these Terms of Service and that you shall bear any and all liability arising out of your actions in connection with Turns including but not limited to any loss or damage which Turns may suffer of any such breach. For the avoidance of doubt it shall be clarified that under no circumstances will Turns be held liable for any action, activity or other course of action you are involved in.
- Turns reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Turns’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
Limitation of Liability and Warranty
- Under no event shall Turns, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any -
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services;
- any unauthorized or illegal access to the servers used by Turns and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from our Services;
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
- By using Turns you acknowledge that Turns shall not be liable for content or the defamatory, offensive, or illegal conduct of any third parties or other users of Turns.
- You agree that your use of Turns and its ancillary Services shall be at your sole risk. To the fullest extent permitted by law, Turns, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Turns makes no warranties or representations about the accuracy or completeness of Turns' content or the content of any sites linked to Turns and assumes no liability or responsibility. Turns shall not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Turns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked services or featured in any banner or other advertising. YOU AGREE THAT UNLESS ACTION IS INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES RELATING TO ANY SERVICE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Without limiting the above, you hereby release, discharge and hold harmless Turns and its Partners and each of their respective employees, officers, directors and suppliers from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your use of the Services, including without limitation any exploitation of your personal Turns user profile, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).
- You agree to defend, indemnify and hold harmless Turns and any of its directors, shareholders, employees, consultants or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in any way relating to:
- your (or anyone using your account's) use of and access to the Turns website or mobile app, Services;
- your (or anyone using your account's) violation of any term of these Terms and Conditions;
- your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right;
- any claim that your actions, in connection with Turns' Services, have caused damage to a third party.
- This indemnification obligation shall survive these Terms and Conditions and your use of the Turns Services.
Intellectual Property Rights
- The content and technology offered by Turns, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein, patents are owned by or licensed to Turns, subject to copyright and other intellectual property rights.
- Turns' service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of Turns' services other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through Turns for any commercial purposes. If you download or print a copy of the Turns' content for personal use, you must retain all copyright and other proprietary notices contained in Turns' services. You agree not to avoid, disable or otherwise interfere with security related features of Turns or features that prevent or restrict use or copying of any content or enforce limitations on use of Turns' services.
- By using Turns you confirm that you are 18 years of age or a liberated minor, or acting with the consent of your legal parent or guardian and competent to enter or abide by the terms and conditions, obligations, representations and warranties set forth in these Terms of Service.
- Turns holds sole rights of assignment and licenses or any other rights without any restriction. User is not permitted to transfer or assign any of rights or license under this agreement to a third party.
- Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
- These Terms and conditions shall be governed by the laws of the State of Israel without respect to conflict of law principles. Any claim or dispute between you and Turns that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction in the "Merkaz" District of the State of Israel.