Terms Of Use

Last updated on February 9th, 2012

Welcome to the Funday Genie website. This website principally provides you a wizard (also available on smartphones) that will help you plan your visit at a preferred city. The wizard has 3 main steps: Choosing when the funday is, what the preferred theme is, and choosing from our picks of what’s going on today, after which the application presents your planned tour in the city.

1. GENERAL TERMS AND CONDITIONS OF USE These Terms of Service (the "Terms") govern your use of the Funday Genie website currently located at thefundaygenie.com (the "Site"), including its content, applications and services (the "Services"), offered by YooGuide Ltd. (collectively the "Company", "We”). Please read the following Terms carefully. Your use of the Site and the Services signifies your understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. Your use of the Site and the Services is entirely at your own risk. We may change, suspend or discontinue any aspect of the Site and/or the Services, at any time, including the availability of any Services, and we may add more services, options and applications to the Site. We may also modify, limit, deny or impose limits on certain features and services or restrict your access to parts or all of the Services, or create different levels of use for different users, or cancel some or all of the functionality of the Services at any time and at our sole discretion, without notice or liability. We reserve the right at any time to charge fees for access to the Services that are now free, upon posting an advance notice on the Site. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Services. You agree to use the Site and the Services solely for your personal, non commercial use. You agree not to transfer or resell the Services, in whole or in part, to any third party, or allow unauthorized access to the Site or to the Services, by any third party. You agree not to access (or attempt to access) any of the Site or Services by any means other than through the interface that is provided by the Company. Without derogating from any other term of these Terms, you agree to use the Site and the Services solely for lawful purposes. In this respect you may not, without limitation, use any material or content provided under the Site that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights. 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. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Company may suffer) of any such breach. Your breach of any provision of the Terms may be grounds for termination of our legal agreement with you and for termination of your account, at our sole discretion.

2. CHANGES IN TERMS We may change these Terms from time to time, without actual notice to you. The revised Terms shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes. All such changes to the Terms will appear on the Site. You agree that your continued use of the Site and/or the Services shall constitute your consent to the new or revised set of Terms.

3. LIMITATION OF LIABILITY While we make every effort to ensure that the information contained under the Site and the Services is accurate and up to date, we accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained thereunder (unless such liability may not be excluded or limited as a matter of law and in such case only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.). In particular, the Company does not represent or warrant to you that your use of the Services will be uninterrupted, timely, secure or free from error, that any information obtained by you as a result of your use of the services will be accurate or reliable, and that defects in the operation or functionality of any of the Services will be corrected. No advice or information, whether oral or written, obtained by you from the Site or through or from the Services shall create any warranty not expressly stated in the Terms. The Services are distributed on an "as is" basis without warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that any reliance upon any such information shall be at your sole risk and that you are entirely responsible for your own use of the Site and Services.

4. CONTENT AND PROPRIETARY RIGHTS You understand that all information, such as data files, written text, computer software, music, audio files or other sounds, photographs, illustrations, videos or other images (the "Content") which you may have access to as part of, or through your use of, the Services are protected by copyright and owned or controlled by the Company or by the party credited as the provider of the Content. You acknowledge and agree that the Company (or its licensors) own all legal right, title and interest in and to the Site and the Services. You may not use any of the Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Company. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part). You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, duplicate, create new works from, distribute, perform, display or provide others with any portion of the Content or the Services in whole or in part. You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, prepare derivative works from, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application of the Site and/or the Services. You may download, send, share by direct link or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying, sending, sharing or storing of any Content for other than personal use is expressly prohibited without prior written permission from the Company, or the copyright holder identified in the copyright notice contained in the Content.

5. ADVERTISEMENTS AND THIRD PARTY CONTENT The Site and Services may contain links to other related web sites, resources, and advertisers. We may have no control over these outside resources and we accept no responsibility or liability for such resources or for their accuracy or reliability. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content contained under the Services, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. Sometimes when you use the Site and/or the Services, you may purchase goods or services, which are provided by another person or company. We accept no responsibility or liability for your use of these other services or goods, and you are entirely responsible for such use.

6. REGISTRATION As part of the registration, you may be required to create log-in credentials by selecting a password and providing an e-mail address. You agree to provide true, accurate, current and complete information about yourself as required under the registration process. If any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Site and the Services. You are responsible and liable for any activity by any person who uses the Site and/or the Services through your log-in credentials. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify the Company of any suspected unauthorized use of the Site and/or the Services or any other breach of security known or suspected by you. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion.

7. COMMUNICATIONS WITH USERS We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site and Services. We reserve the right to disclose information about your usage and demographics, provided that it will not directly reveal your personal identity in connection with the disclosure of such information. Advertisers on our Site may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy. We may contact you via e-mail asking for feedback on current services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

8. MISCELLANEOUS Correspondence should be sent to info@yooguide.com. You agree to report any copyright violations of the Terms to the Company as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site or in the Services, please notify info@yooguide.com.

9. APPLICABLE LAWS / JURISDICTION You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Services and the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service or Site resides in the competent courts in Tel Aviv, Israel, and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Tel Aviv, Israel, in connection with any such dispute and including any claim involving the Company.