Moolta Technologies Ltd. and its affiliates (“Company”, “us” or “we”) welcome you (“User” or “you”) to our proprietary online platform featuring a social community for challenging each other (the “Platform”) available at the Internet address www.moolta.com (the “Site”) (collectively, the “Moolta Platform”). Each User is invited to enjoy the Moolta Platform in accordance with the terms and conditions hereunder.
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: www.moolta.com/regarding/terms-of-use. To report violation of the Terms, please notify us by e-mail at email@example.com, and we shall make reasonable commercial efforts to address your complaint.
Moolta is a technological platform allowing people to interact online, among other things, in order to engage and dare their friends and other Users with challenging activities for entertainment purposes and you’ll might even end up making a few bucks! (“Challenges”). Your use of the Platform is subject to the use restrictions as set forth in Section 8 below. Do not use the Platform in any way which may encourage irresponsible or illegal Challenges in your jurisdiction. Specifically, do not use the Platform in order to promote illegal gambling, illegal consumptions of prohibited materials and/or any Harmful Challenges, all as detailed below.
In order to fully use the the Moolta Platform, you must obtain an account (the "Account"), complete the registration and Account setup processes (collectively, the "Registration"), and become a member of the Moolta Platform. Registration to and use of the Moolta Platform is entirely free of charge. In order to become a User on the Moolta Platform all you need is an active Facebook account. On your first connection with the Moolta Platform you will see a "Request for Permission" to which you will have to consent, whereby explicitly accepting the Terms, by clicking the "Allow" button. From now on you are part of the Moolta community. Welcome!
While using the Platform, you will be able to share certain Challenges and/or User Generated Content (as such term is defined below), whether posted by you or by others, on your Facebook account.
Registration to the Moolta Platform is free. However, we do charge fees for certain services in the manner and rates as the Company shall decide, at its sole discretion, from time to time. Such fees are collected by Company from the Award Sums in the Challenge Pot, upon Successful Completion Approval and at the time such sums are transferred to the successful Challenge Participant. All fees are collected by the Company through PayPal and are non-refundable under any circumstance. Each time you use a service and/or create, participate in or contribute to a Challenge, Challenge Pot and/or Award Sums that has a fee you will be able to review and confirm the applicable fees to you. Fees are determined by us on a case by case basis and thus may change from time to time. For example, but without limitation, we may choose to temporarily change the fees for our services for promotional events (either specifically or generally) or new services, and such changes are effective when we post the temporary promotional event or new service on the Platform.
You hereby undertake and represent to the Company that you are responsible for paying all fees and applicable taxes associated with your use of the Moolta Platform. In the event that we remove a Challenge from the Moolta Platform for any and all reasons, all fees due to the Company will be non-refundable, unless Company, under its sole discretion, determines that a refund is appropriate.
After Registration and/or signing-in to the Platform, a User will be able to create Challenges (the “Challenger”) and post them on the Moolta Platform and/or service providers (e.g., Facebook) (“Service Providers”). Once the Challenger created a Challenge, Challenger will be asked to select with whom the Challenger would like to make the Challenge to, meaning either to the Challenger him/herself, Challenger’s friends (including via Service Providers) and/or the general public of Users on the Platform (the “Participant”). Aside from that, the Challenger will be able to select the people (either specifically or generally) which will be able to view the Challenge, including any and all posts, social feedback (e.g., “likes”, comment etc.) and other User Generated Content related thereto (all in accordance with the applicable Service Providers’ privacy policies and settings (including without limitation Facebook’s Data Use Policy available at: www.facebook.com/about/privacy, as shall be amended from time to time)). Lastly, Challenger will be asked to set a time-frame to completing the Challenge (which will commence from the time when Challenge’s status becomes active).
As part of creating the Challenge, the Challenger will be able to establish an award pot for the successful completion of the Challenge (“Challenge Pot”). The Challenge Pot is limited to a maximum amount of US$ 1,000.- Subject to the Terms, the Participant which successfully completes the Challenge will receive the monies (“Award Sum”) deposited in the Challenge Pot as an award (for further information regarding Challenge Fulfillment Approval, see Section 5.5 below).
Upon creating the Challenge Pot, the Challenger may set the target Award Sum (up to US$ 1,000) and deposit monies to the Challenge Pot (either wholly or partially) via Challenger’s PayPal account. The Challenger may also allow other Users to chip-in in the Challenge Pot (“Supporters”). Supporters may contribute to the Award Sum and Challenge Pot by using their personal and valid PayPal accounts.
Any contribution to the applicable Award Sum and/or the Challenge Pot will be held by PayPal as a pending payment (awaiting our further processing). This means that the monies will still show up on Supporter’s PayPal account but such Supporter will not be able to use such monies for other transactions. In case the Award Sum reaches its target, all contributions made thereto shall be processed by us and we will change the status of the Challenge from “Pending” to “Active” (“Challenge Activation”). Upon the occurrence of either: (i) the Challenge Pot does not reach the target Award Sum within thirty (30) days from the time of its creation; (ii) a Challenge was not successfully completed under Section 5.5 below within thirty (30) days from the applicable Challenge Activation date; or (iii) expiration of the applicable Challenge under Section 5.5(b) below, any contributions made by the Challenger and/or any relevant Supporter shall be released back to PayPal account Balance (as such term is defined in and under the terms set forth in the PayPal User Agreement available at: www.paypal.com, and as shall be amended from time to time). Please note that we may impose other limitations for processing the monies, either generally or with respect to a specific Challenge.
Commercial and similar entities (“Sponsors”) may use the Platform and create a sponsored Challenge, whereby offering the public with a Challenge Pot consisting of either Award Sums or other benefits, e.g., such as prizes, coupons or gift certificates. Commercial entities wishing to use the Platform for any and all promotional purposes should contact us directly; in order to receive further information, please contact us at: firstname.lastname@example.org.
Once the status of a Challenge has become “Active”, Challenge Participants wishing to claim victory in that particular Challenge, such Challenge Participants must hit the “Did it!” button and post a video or an image showing themselves performing the Challenge in order to prove they successfully completed the Challenge (their “Proof”).
The Platform allows the submission of only one (1) Proof per Challenge. Accordingly, review of Proof will be performed on a “first come first served” basis. This means that the Challenger will review the Proof that was submitted first. One of two things can happen now:
It is hereby clarified that Moolta is not and will not play any part to any Successful Completion Approval and/or any disputes relating to or in connection with any Challenge and will not intervene with Challenger’s discretion in the Successful Completion Approval Process under this Section 5.5.
Without derogating from anything to the contrary in the Terms, you hereby represent and warrant that Company may withhold any and all payments due to you (other than refunding Supporter’s contributions under Section 5.3 above) including without derogation any and all Award Sums in case Company determines, under its sole discretion, that you have violated the Terms and/or your representations and warranties hereunder.
You hereby agree and undertake that Company shall not be held, under any circumstances, liable for the actions of a Challenger, Challenge Participant and/or any other User on the Platform. You hereby agree and represent that such parties are wholly and solely responsible for fulfilling obligations both implied and stated in any Challenge they create or participate in on or through the Platform. We reserve the right to cancel a Challenge and refund all contributions to the Award Sum at any time and for any reason. We further explicitly reserve the right to remove a Challenge from the Platform for any reason.
You hereby further represent and warrant to us that you will use the Moolta Platform and participate in any Challenge, either as a sponsor, Challenger or as a Challenge Participant, after due consideration in good faith and in accordance with the Terms. Please try and use your common sense and reason in deciding whether to participate in any Challenge. If you are a minor (but without derogation from the terms of Section 7 below), you should consult with your legal guardian(s) prior to engaging in any Challenge and by participating and/or attempting any Challenge you and your legal guardians represent and warrant to us that you have.
There are certain conducts which are strictly prohibited on the the Moolta Platform. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the Site or the Platform and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Basically, we created the Moolta Platform for your entertainment. In order to assure a pleasant and fun environment on the Platform and on the Site, please respect the following additional rules and prohibitions with respect to your use of and/or interaction with anyone through the Moolta Platform:
The Site, the Platform and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of the Site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.
As a condition for your use of the Site, you hereby represent and warrant that:
You acknowledge and agree that:
Company operates the Moolta Platform as a mere venue. This means that Company shall not be responsible or liable for any damages to any User or other problems that relate, directly or indirectly, to the Challenges. The Company does not operate any controls or inspections on any User Generated Content and Challenges posted by Users on or through the Site and/or Platform. Please review Section 5.6 on this matter.
Without derogating from the above, any User may use the “Report” button (or any other function of a substantially similar nature) in order bring to our attention any content, use and/or Challenges to which such User was exposed to on or through the Site or Platform which (i) may be in violation of the Terms; (ii) may be a Harmful Challenge; and/or (iii) may be otherwise infringing to third-party rights and/or of a harmful or life-threatening nature (collectively, “Improper Content”) . If we had removed Improper Content posted by you, you can safely assume we removed it on purpose. Please re-read the Terms and try to understand why. In certain cases, we may permanently terminate your Account for failure to comply with the Terms.
“Moolta”, Company's logo(s) and all other proprietary identifiers used by the Company in connection with the Moolta Platform are all trademarks and/or trade names of the Company, whether or not registered (“Company Trademarks”). All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
THE THE MOOLTA PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED AS A MERE VENUE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE PLATFORM AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY AND ALL INFORMATION, CONTENT, CHALLENGES OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SITE OR THE PLATFORM, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OR CHALLENGE RELATED ANY TO OR MADE IN ANY USER GENERATED CONTENT AND/OR INFORMATION RECEIVED THROUGH THE SITE OR THE PLATFORM. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR PLATFORM MENTIONED IN ANY USER GENERATED CONTENT AND/OR ANY UNSAFE, DAMAGING OR HARMFUL CHALLENGE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY OPERATES THE MOOLTA PLATFORM AS A MERE VENUE. THE USE OF THE THE MOOLTA PLATFORM IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE OR THE PLATFORM, OR THE USE OR INABILITY TO USE THE SITE OR HE PLATFORM, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY IS NOT AND WILL NOT BE ANY PART TO ANY SUCCESSFUL COMPLETION APPROVAL AND/OR ANY DISPUTES RESULTING BETWEEN USERS OF THE PLATFORM FOR ANY REASON, WHETHER WITH RESPECT TO ANY USE OF OR INTERACTION WITH THE PLATFORM AND/OR FOR ANY OTHER REASON. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN US DOLLARS ($10).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site or the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the following address:
Mr. Noam Schwartz Plen
Moolta Technologies Ltd.
Full Address: 14 Nachmani St., Tel Aviv 65794
Phone: 972- 54-210-7894
Moolta Technologies Ltd.
Full Address: 14 Nachmani St., Tel Aviv 65794
Phone: 972- 54-210-7894
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