Taboola Terms of Use - Start Magazine

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These terms of use (“Terms of Use“) govern your use of Taboola Ltd.’s (“Taboola“, “we“, “our” or “us“) mobile applications, such as the Start mobile app (“Start App”) and Magazine mobile app (“Magazine App”;collectively “Application(s)“).

By downloading, accessing or using the Application in any way, you agree to be bound by these Terms of Use and by our Privacy Policy. If you do not agree to be bound by any of the terms stipulated herein or in the Privacy Policy, please do not download or use the Application or any part thereof.

  1. About the Applications. The Applications provide you with various functionalities, such as enabling you to personalize the interface of your mobile device, allowing rapid access to the most relevant and frequently used features of your mobile device from the first screen, provide you with quick and easy access to a variety of news and content sources, ranging from sports, entertainment, business, fashion, and many more, creating reading lists, and more. You are advised that when using the Applications carrier costs and/or fees may apply.
  2. Privacy. Your privacy is important to us. Our privacy practices are available here: for the Start App – https://www.thestartmagazine.com/legal/privacy-policy.html; for the Magazine App-https://www.thestartmagazine.com/legal/privacy-policy-magazine.html (collectively, the “Privacy Policy”),which are incorporated by reference to these Terms of Use.
  3. License. Subject to these Terms of Use, we grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to install and use the Applications on a single mobile device, owned or controlled by you, solely for your private, personal and non-commercial use.
  4. Age Confirmation. You affirm that you have the ability to enter into these Terms of Use. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are above the age of 13), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Applications, and the use thereof, are not intended for minors under the age of 13.
  5. Security Feature. The Start App may enable you to secure your Startscreen with a PIN, pattern, fingerprint or other verification methods (collectively “Password”). Access will be granted only when you enter the right Password. We encourage you to provide your email address so as to allow the recovery of your Password in case you forget it. While we use our best efforts to protect your confidentiality, we cannot guarantee or warrant 100% success rates. Please be cautious when you use your device and use necessary means to keep it safe and secure.
  6. Restriction on Use. The use of the Applications by you and/or by anyone else on your behalf is and shall remain solely your responsibility, including for all acts or omissions associated and/or related to such use and/or access. When using the Applications you agree not to intentionally, willfully or negligently:
    1. Breach any of the terms stipulated in these Terms of Use or in the Privacy Policy;
    2. Interfere with, damage or impair the functionality of the Applications (or servers or networks connected to the Applications);
    3. Use the Applications in any manner that, or has the potential to interfere with any other party’s use and enjoyment of the Applications (or servers or networks connected to the Applications).
    4. Copy, modify, make publicly available, create derivative works of, disassemble, de-compile, or reverse engineer the Applications or any part thereof;
    5. Manipulate and/or circumvent the operation or functionality of the Applications and/or enable features or functionalities of the Applications that are otherwise disabled and/or inaccessible;
    6. Use or attempt to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Applications;
    7. Breach the security of the Applications (or servers or networks connected to the Applications) and/or identify any security vulnerabilities therein;
    8. Engage in an activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising;
    9. Access or use the Applications in order to develop or create a competitive or similar product or service.
  7. Third Party Contributions. The Applications may include and can be further customized by adding shortcuts, RSS feeds, etc., which inter-alia directs you to third party applications and/or sites, different kinds of content, materials, data, links, images, and other components (collectively “Third Party Contributions“), which are all the sole and exclusive responsibility of the author of such Third Party Contributions. We do not own, have control of or take any responsibility for, encourage or endorse any Third Party Contributions, or any part thereof.We are not responsible for and do not warrant the accuracy, completeness, timeliness, adequacy, appropriateness or legality of any Third Party Contributions.

    By using and/or addressing such Third Party Contributions you assume full responsibility and risk of using Third Party Contributions. Any and all communications between you and the author of the Third Party Contribution, including without limitation, all dealings and transactions conducted in connection with the Applications and all legal or other consequences resulting from the above, are strictly between you and the applicable author thereof. You confirm and acknowledge that licensing you the right to use the Applications as set forth in these Terms of Use does not amount to an endorsement, recommendation, or any encouragement by us, to procure the goods or services that the author/s of the Third Party Contributions offer, engage in any transaction, dealing or interaction with the applicable author, or any third party, nor an authorization or representation of our affiliation with the applicable author and/or third party. Third Party Contributions may provide their own privacy policy and terms of use; we urge you to review them prior to using them. You recognize that Third Party Contributions may be changed and/or removed by its respective authors or owners at any time.

    The Applications may include advertisements, coupons, commercial or non-commercial information (the “Ads“). By clicking the Ads you may be transferred to an advertiser’s website or location, or receive other messages, information, offers or other promotional content from the advertiser or other third parties, which are all the sole and exclusive responsibility of the advertiser or respected third party. Any and all communications between you and the advertiser or other third party, including without limitation, all dealings and transactions conducted in connection with the Applications and all legal or other consequences resulting from the above, are strictly between you and the respected third party, and we do not authorize, endorse, encourage, or recommend to engage in any manner or procure the goods or service of the respected third party. We are not responsible for any of the third parties’ practices including their privacy practices, or for the content of their websites, information, messages or offers. In any event, the Company is not responsible or liable for any act or omission of the author of the Third Party Contribution and/or Ads and/or for the acts and/or omissions of any third party acting on either party’s behalf.

  8. User Contributed Content. You may post content on the Start App, provided that you are the rightful owner of the sufficient necessary rights to that content or if you are licensed by the rightful owner to post such content (the “User Contributed Content“). By posting the User Contributed Content, you approve that you hold the title and intellectual property rights or an appropriate license to the said content that entitles you to post it. By posting the User Contributed Content as set forth herein you are deemed to have granted us an irrevocable, free of charge, sub-licenseable, worldwide, non-exclusive, perpetual, transferable right to copy, modify, edit, translate, distribute, display, perform and make available to the public the User Contributed Content, and any part thereof. Without derogating from the generality of the above, you also grant us all moral rights in and to the User Contributed Content, such as the right to have the said content attributed to you. However, and for the removal of any doubt, we do not claim ownership over the User Contributed Content that you contribute, the title to which is retained by you or by the third party that granted you the right to post said content. We may at any time, at our sole discretion and without prior notice remove or modify any User Contributed Content you have posted. You will have no right to object to or claim against any such actions we take.You are solely responsible for any content that you post in connection with the Start App and for the consequences of publishing it. We do not normally approve, monitor or disqualify content that you or others post using the Application but we do reserve the right to do so. You may not use the Start App in a manner which, or upload or post material in connection with the Start App or otherwise make available any content which:
    1. Infringes on the right of any third party, including privacy, publicity and/or intellectual property rights;
    2. May be deemed, to our sole discretion, threatening, abusive, harmful for minors, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
    3. Promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy;
    4. Impersonates any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
    5. Restrict, inhibit or impede any other person from using our Start App, including, without limitation, by means of defacing or impeding any portion of our Start App;
    6. Disseminates any code malicious to computers and networks (including adware, spyware, worms, etc.); or,
    7. May be deemed as commercial or promotional content, or any content which advertises, markets and/or promotes any third party material, content, product, service and/or brand.
  9. Requests to Remove Content. Any requests to remove copyright infringing content from the Applications, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made to termsofuse@thestartmagazine.com.
  10. Changes in the Applications. You grant us your express approval and consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Applications, which, among others, may:
    1. Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the Applications, but were then subsequently modified by another application; or
    2. Change the Applications’ layout, design or display.

    We may, at any time and without notice, modify the scope or availability of the Applications’ related content or services. Such changes by their very nature may cause inconvenience or even malfunctions. You acknowledge and confirm that we do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

  11. Application Availability. The availability and functionality of the Applications depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free.Taboola does not warrant that the Applications will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access.

    We reserve the right to add additional features to the Applications or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the Applications.

  12. Termination of Operation. We may at any time, at our sole discretion, terminate the operation of the Applications, or part thereof, temporarily or permanently. We will, however, make reasonable efforts to provide a prior notice to this effect. Notwithstanding the foregoing, you approve and acknowledge that Taboola does not assume any responsibility with respect to, or in connection with, the termination of the Applications’ operations.
  13. Intellectual Property. All rights, title and interest in and to the Applications and any part thereof, but specifically excluding Third Party Contributions or User Contributed Content, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to Taboola. The Applications contain trade secret and proprietary information and is protected, inter alia, by pending patents applications and by copyright laws and international trade provisions. Unless expressly permitted in these Terms of Use, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the Applications, or of any part thereof, or any of the content thereon or thereof, either yourself or through or with the assistance of a third party. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to Taboola’s trademarks, services marks and/or logos. You may not take any action which does or may dilute, or tarnish our goodwill and good name. All rights, including ownership rights, of our partners or other third parties in the Applications are reserved and remain with such third parties; these third parties may enforce their rights against any of our users in their own name. We are not liable for any failure to comply with any applicable local, state, national and foreign law, treaties and regulation and any contracts, rules, policies or procedures applicable to your use of the Applications or any part thereof.
  14. DISCLAIMER OF WARRANTY. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, AND AS A RESULT THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU. THE APPLICATIONS, AND ANY GOODS OR PRODUCTS PURCHASED THROUGH THE APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TABOOLA, ITS SUBSIDIARIES, PARTNERS AND SUB-LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATIONS AND THIRD PARTY CONTRIBUTIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE (INCLUDING SUGGESTIONS FOR TYPING PREDICTIONS OR AUTO-CORRECTIONS), SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APPLICATIONS AND ALL THIRD PARTY COTRIBUTIONS ARE ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. WE EXERCISE NO COTROL AND DO NOT ENDORSE OR GUARANTEE ANY CONSEQUENCE, RESULT OR ACHIEVEMENT DERIVING FROM USAGE OF THE APPLICATIONS AND/OR ANY FEATURE THEREOF, AND ANY DATA OR INFORMATION PROVIDED THROUGH THE APPLICATIONS SHALL BE CONSTRUED AS A NON-BINDING AND NON-DEFINITIVE RECOMMENDATION MADE FOR YOUR BENEFIT AND SOLELY AT YOUR DISCRETION.
  15. LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TABOOLA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND PARTNERS (THE “PERSONS“) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, NEGLIGENCE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE APPLICATIONS, THIRD PARTY CONTRIBUTIONS, USER CONTRIBUTED CONTENT OR ANY GOODS OR PRODUCTS PURCHASED IN CONNTECTION WITH THE APPLICATIONS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APPLICATIONS, THIRD PARTY CONTRIBUTIONS OR ANY GOODS OR PRODUCTS PURCHASED IN CONNTECTION WITH THE APPLICATIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY CONTRIBUTIONS AVAILABLE ON OR THROUGH THE APPLICATIONS, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APPLICATIONS, WHETHER OR NOT THE PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APPLICATIONS.
  16. Third Party Software and Open Source Licenses. Portions of the Applications may include content or software that we license from third parties (“Third Party Software“), which may include open source software or related components (“Open Source Components“). Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software (“Third Party Terms“). You acknowledge and agree that your use of Third Party Software is subject to and governed by the related Third Party Terms. To the extent of any conflict between any Third Party Terms and the terms of this Terms of Use, the Third Party Terms shall prevail in connection with the related Third Party Software. Notwithstanding anything to the contrary herein, we do not make any warranty with respect to Third Party Software. Please review the applicable Open Source Licenses, as listed in the URL below, to understand your rights. In the event that no such Open Source Licenses exist, the terms of this Terms of Use shall apply.With respect to the Open Source Licenses, the following terms shall apply:
    1. You hereby acknowledge and agree that you will be licensing any Open Source Components directly from the applicable third party licensors, including the right to use such Open Source Components in connection with the Application.
    2. Restrictions under this Terms of Use concerning modification, confidentiality and other provisions do not apply to such Open Source Components.
    3. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Terms of Use, the provisions of the Open Source Licenses shall prevail.

    Currently we use the Third Party Licenses and Open Source Licenses listed here http://startscreen.com/open-source-licenses. Please note this list may be updated from time to time.

  17. Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Persons and anyone acting on their behalf, at your own expense, and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with your use of the Application or any goods or products purchased through or in connection with the Application, your breach of the Terms of Use, or your violation, or infringement of other parties’ rights.
  18. Term, Termination and Survival. You may terminate these Terms of Use at any time, by uninstalling the Application from all mobile devices in your possession or control. We have the right to terminate these Terms of Use and your license to use the Application, at any time by issuing you a notice of such termination or in any other manner contemplated by these Terms of Use. Upon termination, you must discontinue any use of the Application and uninstall the Application from all mobile devices in your possession or control.Moreover, we retain the right to suspend, temporarily or permanently prohibit you from using the Application if we determine at our own discretion that you have abused your rights to use the Application and/or these Terms of Use and/or our Privacy Policy and/or performed any act which is harmful or likely to be harmful to the Company, or any other third party.

    The following sections shall survive the termination, or expiration of the Terms: Privacy, User Contributed Content, Termination of Operation, Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification, Survival, Disputes, Arbitration and Waiver, Governing Law and Jurisdiction, General and Contact Us.

  19. Disputes, Arbitration and Waiver. You hereby agree that all disputes between you and Taboola (whether or not such dispute involves a third party) with regard to your relationship with Taboola, including without limitation disputes related to the Terms of Use, and/or rights of privacy and/or publicity, will be submitted and resolved by a binding, individual and confidential arbitration in Israel. The place of arbitration shall be Tel-Aviv/Israel. You may bring claims only on your own behalf. You agree to not participate in a class action or class-wide arbitration for any claims covered by the Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Taboola is a party to the proceeding. This dispute resolution provision will be conducted and governed under the rules then prevailing of the Israeli Law. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Use.You may opt out of your agreement to the Disputes and Arbitration provision. If you do so, neither you nor Taboola can require the other to participate in an arbitration proceeding. To opt out, you must notify Taboola in writing within 30 days of the date that you first became subject to this Disputes and Arbitration provision. You must use this address to opt out: termsofuse@thestartmagazine.com. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.
  20. Governing Law, Jurisdiction. These Terms of Use and your use of the Application will be governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel. The courts located in Tel Aviv shall have sole and exclusive jurisdiction over you and Taboola and the subject matter of these Terms of Use and any dispute deriving herefrom. You and us expressly consent to the personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the convenience of such forum. You agree that any cause of action related to or arising out of your relationship with Taboola must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  21. Severability. These Terms of Use constitute the entire agreement between you and Taboola with respect to the subject matter hereof and may only be modified by written amendment duly executed by Taboola. No waiver or alteration from the Terms of Use by Taboola will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms of Use shall not constitute a waiver of any of our rights. We may assign or delegate these Terms of Use in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer your rights and obligations under these Terms of Use. Any attempted or actual assignment thereof by you will be null and void. The section headings are for convenience only and shall take no part in the interpretation or construing hereof. If any provision of these Terms of Use are held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions shall continue to remain in full force and effect.
  22. Contact Us. At any time, you may contact us with any question, claim or complaint that you may have with respect to the Application, at: Taboola Ltd, 32 Atrium Tower, Ze’ev Jabotinsky St., Herzliya, 46733, Israel, Email: termsofuse@thestartmagazine.com.Communications made through the email above and messaging system will not constitute legal notice to Taboola, or any of its officers, employees, agents or representatives in any situation where notice to Taboola is required by contract or any law or regulation.

    For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you may have used; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Taboola provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any of your rights which may not be waived.

  23. Changes to the Terms. Taboola may from time to time, change the Terms of Use. Changes will take effect 7 days after we first notify you of the changes through the Application or post such notice on our website at [www.taboola.com]. Your continued use of the Application after the amended Terms of Use have entered into effect will constitute your acceptance of the amends. In case of a legal requirement, we may also introduce immediate changes to the Terms of Use and require that you affirmatively accept them, in which case you will not be able to continue using the Application if you do not accept the amended Terms of Use. In any event, the most updated version of the Terms of Use will always be accessible through the Application’s settings menu.
  24. Reporting of Violations. To demonstrate our commitment to safeguarding proprietary, privacy and any other rights, we provide you with tools to report of any infringement or violation brought to your attention. If you believe that content appearing on our Application infringes your privacy, proprietary or any other rights, you may send us a notice that the content will be removed, or access to it will be blocked. Please send the notice to termsofuse@thestartmagazine.com, and specify your identity, the identity of the concerned content and information reasonably sufficient to allow us to locate said content on our Application, and details which will allow us to contact you. We will review your notice diligently.
  25. Purchases. The Applications may offer in-app features, goods (whether physical or digital), or other content subject to a fee (e.g. Coupons) to enhance your user experience. The Applications may accommodate purchases through Google Play’s in-app billing service, or through other billing services in accordance with the applicable marketplace policies. The Applications may also offer digital content or goods that may be consumed outside of the Applications through “one-click- purchases”, which could incur costs through your mobile carrier.