1. Acceptance of Terms

This is an agreement between Ola Mundo Ltd., (“Ola Mundo”), the owner and operator of www.olamundo.com (the “Ola Mundo Site”), the Ola Mundo software, including Ola Mundo Messenger (collectively, including all content provided by Ola Mundo through Ola Mundo Messenger and the Ola Mundo Site, the “Ola Mundo Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, WHETHER THROUGH REGISTRATION OR OTHERWISE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO OLA MUNDO’S PRIVACY POLICY, LOCATED AT http://www.olamundo.com/Privacy,  WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree with any of these terms, you may not use the Service. These Terms of Service apply to all users of the Service.

2. 3rd Party Content

Information provided by our users through the Ola Mundo Service may contain links to third party websites and services that are not owned or controlled by Ola Mundo. Ola Mundo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites and services, which may differ substantially from those practiced by Ola Mundo. In addition, Ola Mundo will not and cannot censor or edit the content of any third-party site or service. You are therefore urged to carefully review the terms and policies of such third party sites and services before using them. By using the Service, you expressly acknowledge and agree that Ola Mundo shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website and services.

3. The Ola Mundo Service

A. Subject to your compliance with these Terms of Service and for as long as you comply with them, Ola Mundo hereby grants you permission to use the Service, provided that: (i) the Service may be used by you solely for your personal use, and may not be resold, charged for or be otherwise used commercially; (ii) the Service may not be used in any manner which is inconsistent with these Terms of Service or the Privacy Policy; (iii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Ola Mundo’s prior written authorization; and (iv) you will not attempt to reverse engineer, alter or modify any part of the Service.

Ola Mundo permits you to link to materials on the Service for personal uses only.

B. In order to access and use all or certain features of the Service, you acknowledge and agree that you will have to provide Ola Mundo with your name, email address and other personal information such as your photo.

C. Ola Mundo grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

D. By using the Service, You agree not to act in a manner that may be deemed opposed to Ola Mundo’s Privacy Policy, including without limitation, collect or harvest any personally identifiable information relating to users of the Service, , nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.

E. By using the Service, You agree not to use the service for purposes for which it was not intended, including without limitation not to spam, or solicit for commercial purposes, any users of the Service.

F. Ola Mundo reserves the right to discontinue any aspect or feature of the Ola Mundo Service at any time and at its sole discretion, or to charge payment for certain aspects or features of the Service.

4. Intellectual Property Rights

The design of the Ola Mundo Service along with all text, scripts, graphics, interactive features and the like included in the Service, except Symbol Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Ola Mundo, subject to copyright and other intellectual property rights under United States laws, the laws of other jurisdictions and international conventions. Ola Mundo reserves all rights not expressly granted to you in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Symbol Submissions of third parties obtained through the Service for any commercial purposes.

5. User Symbol Submissions

A. The Ola Mundo Service allows Ola Mundo users to submit symbols and to use symbols submitted by you, including and not limited to graphics and texts which represent a word, phrase or sentence, or otherwise convey content (collectively, the “Symbol Submissions”). These Symbol Submissions may be hosted, shared, and/or published as part of the Ola Mundo Service, and may be visible to other users of the Service. For clarity, direct messages and photos that you send directly to other Ola Mundo users will only be viewable by those Ola Mundo user(s) you directly send such information; but Symbol Submissions may be globally viewed by all Ola Mundo users. You acknowledge and agree that any Symbol Submissions may be globally viewed and used by users, so do not use or submit symbols that you don’t want to be seen or used by others.

B. In connection with Symbol Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use. By using or submitting the Symbol Submissions to Ola Mundo, you hereby grant Ola Mundo a worldwide, non-exclusive, time-unlimited, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, market prepare derivative works of, display, commercialize, sublicense, assign and perform the Symbol Submissions in connection with the Ola Mundo Service and Ola Mundo’s (and its successor’s) business.

C. Ola Mundo does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Ola Mundo retains the right to remove all content and Symbol Submissions if properly notified that such content or Symbol Submission infringes on another’s intellectual property rights or if such content otherwise breaches your obligations hereunder. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) A statement that the complaining party has 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 (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to help@olamundo.com. Ola Mundo reserves the right to remove content and Symbol Submissions without prior notice. Ola Mundo may also terminate a user’s access to the Service, if they are determined to be a repeat infringer or for otherwise breaching these Terms of Service or acting in a manner which could damage Ola Mundo or the Service, at Ola Mundo’s sole discretion. Ola Mundo also reserves the right to decide whether content or a Symbol Submission is appropriate and complies with these Terms of Service, such as, but not limited to excessive length or limited interest. Ola Mundo may remove such Symbol Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

F. Notwithstanding any of the provisions hereof, Ola Mundo reserves the right, at any time and without prior notice, to change, update, disable and modify one or more of the symbols available in connection with the Service, including symbols submitted by as Symbol Submissions, all at Ola Mundo’s sole discretion.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE OLA MUNDO SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OLA MUNDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. The Service is provided to you “AS IS”  and OLA MUNDO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR ITS CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMMISSIONS, MISTAKES OR INACCURACIES , (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH NO WILFULL ACTION ON OUR PART, AND/OR (V)  ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OLA MUNDO SERVICE. OLA MUNDO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OLA MUNDO SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND OLA MUNDO WILL 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. 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. AND AGAIN, USE THIS JUST FOR PERSONAL USE.

7. Limitation of Liability

IN NO EVENT SHALL OLA MUNDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, MALFUCTIONS, BUGS OR INACCURACIES OF THE SERVICE OR ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) 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 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OLA MUNDO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT OLA MUNDO SHALL NOT IN ANY WAY BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTEND SUBMITTED BY OR CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NOTWITHSTANDING ANY OF THE FOREGOING, IN NO EVENT SHALL OLA MUNDO BE LIABLE TO YOU FOR AMOUNTS EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO OLA MUNDO IN THE 6 MONTHS PRECEDING ANY DEMAND BY YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless Ola Mundo, its shareholders,  officers, directors, employees and agents, 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: (i) your use of and access to the Ola Mundo Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Symbol Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ola Mundo Service.

9. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or 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 Service, and to abide by and comply with these Terms of Service. By using the Service you acknowledge that the Ola Mundo Service is not intended for children under 16 without parental guidance. If you are under 16 years of age, you are not permitted to use the Ola Mundo Service without parental guidance. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ola Mundo without restriction.

11. General

You agree that: (i) the Ola Mundo Service shall be deemed solely based in Israel; and (ii) the Ola Mundo Service shall be deemed a passive server that does not give rise to personal jurisdiction over Ola Mundo, either specific or general, in jurisdictions other than Israel. These Terms of Service shall be governed by the laws of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Ola Mundo that arises in whole or in part from the Ola Mundo Service shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel. These Terms of Service, together with the Privacy Policy at http://www.olamundo.com/Privacy and any other legal notices published by Ola Mundo, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Ola Mundo concerning the Ola Mundo Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Ola Mundo’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service may be amended by Ola Mundo from time to time and at Ola Mundo’s sole discretion. Such amendments will be made on this website and shall become effective immediately when they are posted on this website. You are urged to review these Terms of Service from time to time on this website, to make sure no changes were made hereto, and it is your responsibility to do so. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Ola Mundo Service. Your continued use of the Ola Mundo Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND OLA MUNDO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OLA MUNDO SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Ola Mundo is the developer of the Service, with an address at 5, Givat Ha’Tachmoshet , Tel Aviv, 67025, Israel, info at www.olamundo.com.

[Updated: August 6th, 2013]