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Terms of service
Last updated on April 6, 2017
PLEASE READ THIS TERMS-OF-USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE THE USE OF “SIZER”, A BODY MEASUREMENTS APPLICATION.
1.1. By downloading, accessing and/or using the website, located at http://www.sizer.me (the “Website“) or this mobile application (this “Application“), as well as the download, installation and use of any software files, widget and any other service Sizer may provide from time to time made available through or in connection with the Website (the “Software”, and together with this Application and the Website itself, the “Services”) owned by Sizer Ltd. (“Sizer“) you, the user (“You“) confirm that You have read, understood and agreed to be bound by, and comply with, these terms and conditions as set forth in this Terms-of-Use Agreement (“Agreement”).
1.2. Sizer may change the terms of this Agreement at any time by posting the revised version to this Application and/or the Website, which shall be effective upon such posting. Your continued use of this Application and/or the Website shall be considered your acceptance of the revised Agreement.
1.3. You must have the most current version of this Application and/or the Software to ensure that it is working properly. It is Your responsibility to periodically check this Application and/or the Website at www.sizer.me, to determine if You have the most current version of this Application and/or the Software.
1.4. If You do not agree to this Agreement, You must refrain from downloading and/or using the Sizer Services.
1.5. This Agreement constitutes the entire agreement between You and Sizer with respect to the use of the Services, and shall replace any and all other agreements.
2.1. You may use the Services only for Your own personal, non-commercial use and only subject to full compliance with the terms and condition set forth in this Agreement.
2.2. You are strictly prohibited from, and agree that You will not, adapt, edit, change, modify, transform, publish, republish, translate, distribute, or redistribute this Application and/or the Software and/or or the information contained in the Services (in any form or media) without Sizer’s prior written consent.
2.3. You may not use any of the Services if You lack the legal capacity to do so in Your jurisdiction. 2.4. While using the Services, You may not do, intentionally or carelessly, any of the following:
2.4.1. Browse, surf, process, scan or use the services of this Application or the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
2.4.2. Manipulate the URL of the Website, or otherwise gain access to any internal pages to which Sizer has not provided You with a direct link (including, without limitation, URL hacking).
2.4.3. Carry out any action which may infringe the copyrights of Sizer or any other copyright holder.
2.4.4. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority. 2.4.5. Use any automated data collection methods, data mining, robots, reverse engineer or scraping or any data gathering methods of any kind on the Services.
2.5. We reserve the right to bar You from using any of the Services, and suspend or cancel any action carried out on the Website or through this Application, at our sole discretion 2 and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
3. Registration and Account
3.1. At Sizer’s sole discretion, the access to certain of the Services may be subject to additional terms and conditions or limited to users who have subscribed to the Services and registered an account (an “Account”).
3.2. It is clarified that information submitted by You must not contain partial or inaccurate data – only the full, true and accurate details required.
3.3. If You are required to set or change the password for Your Account, to avoid any unauthorized access to the Account and any other possible damage You:
3.3.1. Shall not disclose Your password to any third party nor shall You present, enter or use this password with respect to any third party service.
3.3.2. Are aware of the importance of changing the password on a periodical basis.
3.3.3. Are aware that it is highly advisable for the password not to contain, whether in straight forward form or reverse order, any of the following: Your name; identity, social security, passport or phone number; significant date; or dictionary word.
3.4. You shall notify Sizer immediately of any suspicion regarding unauthorized access to the Services through Your Account or through a Third Party Account (as defined below).
3.5. Without limiting Sizer’s rights under Section 2.5, Sizer reserves the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have been violated.
3.6. For the avoidance of doubt, Your Account, and any privileges granted with respect to such Account, is personal and non-transferrable. You may not assign, transfer or share access to the Account or to any Services which are subject to additional terms and conditions or which are limited to users who have subscribed to the Services.
3.7. Though Sizer maintains reasonable measures to secure and protect account contents and information regarding your access to services, Sizer shall not be liable for any damages, whether direct, indirect, incidental or consequential, due to any exposure of account contents or information regarding your access. Sizer is not responsible, and shall not be liable for any damages, for any loss of user data, including but not limited to user’s height, gender, email, body measurement and age.
4. Third Party Login Services
4.1. As specified in Section 3 above, use of or access to certain Services may be subject to registration or login via third party services (the “Third Party Login Services”).
4.2. Sizer expressly disclaims any liability or responsibility for the use of Third Party Login Services in connection with the Services, and assumes that You have been made familiar with the nature of these Third Party Login Services prior to registration or login. For more information regarding Third Party Login Services, their operation or the information they may share and exchange with Sizer, please visit the applicable Third Party Login Service website.
4.3. By connecting with or logging in via Third Party Login Services:
4.3.1. You warrant and certify that the Third Party Login Services Account stated or utilized by You (the “Third Party Account”) constitutes Your sole account with such Third Party Login Services, used by You, and solely by You, on a regular basis, and that no other entity or person has any right to access the Third Party Account; and
4.3.2. You consent to Sizer sending through such Third Party Account or Your email address notifications and updates to You regarding Your use of the Services.
5. License and Ownership of Intellectual Property
5.1. The Services including all updates, revisions, substitutions and any copies made by or for you of any constituent part thereof are owned by Sizer and are licensed to you on a worldwide, non- exclusive, non- sub licensable, royalty- free and revocable basis, subject to the terms and conditions set forth in this Agreement. The license includes the right to download this Application to a mobile device via an App store or a web browser; to use the Services as herein set forth; to copy and store this Application and/ or the Software and the material contained in this Application and/or the Software in your web browser and/or the cache memory of your device and to print pages from this Application and/or the Website for your own personal and non-commercial use only.
5.2. All intellectual property of the Services, including all content of the Services, is protected by copyright, trademark, or patent laws, and is owned exclusively by Sizer. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Services. All trademarks and service marks, whether registered or not, and trade names, are owned and/or licensed by Sizer. Sizer does not grant You any other rights whatsoever in relation to the Services or the information/data of the Services. All other rights are expressly reserved by Sizer.
5.3. Sizer’s use the photographs only with respect to the use of the Services (body measuring). Any such photograph is deleted as soon as Sizer complete measurement process and is not kept on Sizer’s servers.
5.4. Without derogating from the above, You acknowledge and confirm all rights to the Simulations, as a derivative creation, are reserved by Sizer, and undertake not to copy, publish or present the Simulations in any medium, unless all watermarks and copyright notices accompanying the Simulations are properly preserved and displayed.
6. Disclaimer of Warranties
6.1. Sizer does not guarantee, promise or otherwise suggest that the use of the Services will provide any specific, successful or satisfactory results. You understand that Your use of the Services is conditioned upon the acceptance of any results they provide “as is”. Sizer cannot guarantee the suitability of the Services to Your needs or the availability of any of the Services.
6.2. Sizer expressly disclaims any and all warranties and conditions which are, express, implied, and statutory warranties including, without limitation, the warranties regarding the availability of the Services, the accuracy, reliability or completeness of the information which is included within the Services and in addition, any warranties of merchantability, fitness or for a particular purpose, security, operability, title and/or noninfringement. In addition, Sizer does not represent or warrant that the Services are free of inaccuracies, errors, defects or bugs of whatever kind. Sizer disclaims any responsibility or liability for any harm resulting from the use of the Services, including, without limitation, for any damage caused by viruses or similar contaminations or destructive features to your mobile or other device.
7. Responsibility for Information
7.1. Information presented through the Services (the “Information”) shall not constitute advice or professional opinion but rather the personal opinion of the Sizer’s Services, its officers or its employees. Sizer does not represent in any way that any Information is accurate, complete or error free.
7.2. In the course of Your use of the Services, Sizer may create an illustration that shows how the garment will look on You (i.e. indicates what is the size and if the garment will be tight/loose) (the “Simulations”). Simulations are generated according to Your measurements (or the information submitted by You) combined with images of such clothing items. For the avoidance of doubt, Simulations are intended for illustration only and shall not be deemed to depict how You would actually look wearing such items.
8. Limitation of Liability; Indemnification
8.1. Sizer shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever, incurred by You due to use of the Services or due to the non-availability of the Services.
8.2. By using the Services and/or downloading this Application and/or the Software You (and also any third party for whom You operate an account or activity) agree to defend, indemnify and hold Sizer and its vendors, business partners, representatives, subsidiaries, affiliates, officers, employees, and licensors harmless from any and all claims, actions, demands, liabilities, judgments and settlements, including attorney’s fees resulting from Your use of the Services, You hereby agree to release Sizer and its partners, subsidiaries, affiliates, officers, employees, and licensors from any and all direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other claims, demands, debts, obligations, damages (actual or consequential), costs, fees, fines, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to the Services.
9. Content Uploaded by You
9.1. In addition to all terms stated under this Agreement, You explicitly warrant and represent that uploading content of Your own creation (“User Content”) to Services and the display of such User Content by Sizer, in accordance with these terms, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
9.2. Without derogating from Section 8.2, Sizer reserves the right to deny presentation of User Content and to suspend or remove User Content, as stipulated in Section 2.5.
9.3. You reserves all rights to User Content created by You and uploaded by You to the Services. Despite the above, You hereby grant Sizer a non-exclusive, non-revocable and non-limited license to display such User Content in the ordinary course of the Services. It is hereby clarified that You, as owner of rights to Your User Content, are responsible for enforcing any intellectual property rights in connection thereto.
9.4. For the avoidance of doubt, You permit Sizer to edit Your User Content prior to or following its display so as to conform to the Services’ editing policies, and You undertake to comply with any such policies presented by Sizer.
11. Waiver of Rights to Recommendations and Suggestions
11.1.You agree and acknowledge that in sending suggestions or comments regarding the services ( “Suggestions”) You waive any and all rights to the Suggestions and shall have no claim regarding implementation of the Suggestions or lack thereof, transfer of the Suggestions to a third party, or regarding lack of any attribution, acknowledgement, credit, remuneration, or compensation with respect to any implementation of the Suggestions by owners of any third party. Sizer will exclusively own any rights to Suggestions which, at its sole discretion, it has chosen to adopt.
12. Modifications to Services
12.1.Sizer reserves the right to provide You with modifications and/or updates for the Services at its sole discretion, and may terminate such support, from time to time, for any reason, and without prior notice. Sizer may change, suspend, or discontinue any aspect of the Services at any time, including the availability of the Services. Sizer may also impose limits on certain features and services or restrict Your access to parts or all of the Services without prior notice or liability.
13. Governing Law and Dispute Resolution
13.1.This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Israel, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within Tel-Aviv, Israel.