Terms of Use

Last revised on April, 2016

This document contains the Terms of Service for mishu LTD. (”mishu”; a company in formation by Ofer Morag).

By accessing mishu, whether through a mobile device, mobile application or computer and make use of any of the services offered by mishu (collectively, the “Services” or the ”App”) you agree to be bound by these Terms of Use (this ”Agreement”), whether or not you register as a member of mishu (a ”Member”). If you wish to become a member and make use of the App, please read these Terms of use.

You should also read the mishu’s Privacy Policy, which is incorporated by reference into this Agreement and available on the App. If you do not accept and agree to be bound by all of the terms of this Agreement, including mishu’s Privacy Policy, do not use the Services.

Please contact us with any questions regarding this Agreement.

1. Acceptance of Terms of Use

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services. By accessing or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Services and terminate your mishu account. Please print a copy of this Agreement for your records. To receive a non–electronic copy of this Agreement, please contact us at contact@mishuapp.com.

Changes in the Agreement. This Agreement is subject to change by us at any time, effective upon posting through the Services; by accessing the Services after any such change, you accept the terms as modified. You acknowledge and agree that we shall not be liable to you or any third party for any such modification, change, suspension or discontinuance.

2. Eligibility

Adult Users Only. The Service is not intended for individuals under 15 years of age. If you are under 15, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users. Accordingly, you represent and warrant that you are 15 years of age or older and that you have the right, authority and capacity to enter agree to and abide by this Agreement.

No Criminal History. By accessing the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. We do not currently conduct criminal background searches on Members. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm compliance with this Agreement.

Void Where Prohibited. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. This Agreement is void and use of the Services is not permitted where such use is prohibited.

You agree that we have the right to request complete, accurate and current information confirming eligibility for membership and you agree to provide that information in response to such a request.

3. Creating an Account

In order to register to the Services, you will be asked to sign in with your Facebook account. In doing so, you authorize mishu to collect relevant information necessary to enable us to access Facebook, and Facebook will provide us with access to certain information that you have provided to it. By allowing us to access your Facebook account, you understand that we will obtain and share some of your information such as your first name and profile picture as well as geo–location and also other information you may be asked to input manually. We will use, store, and disclose such information in accordance with our Privacy Policy. Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.

4. Term and Termination

This Agreement will remain in full force and effect while you use the Services and/or are a Member.

Disabling Your Account. You may disable your account at any time, for any reason, by sending us a written notice of termination to contact@mishuapp.com.

Uninstalling the App does not automatically cancel your membership. If you are a Member and you Uninstall the App without disabling your account, you will continue to be a Member in the Services and others may view your profile. To disable your account please consult the instructions above.

Termination of Your Account By mishu. mishu may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion. mishu is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

5. Use of the Services

Personal Safety. Your security and safety are paramount to us. The Services naturally promote sharing of personal information among users. You should be aware that some of your profile information as a Member shall be public, could be indexed by Internet search engines and may be used for any purpose. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, or with any other users, including Members. mishu do not and cannot assure that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at contact@mishuapp.com, so that we may take appropriate action to block further use of the Services by any individuals who may have accessed them for improper purposes.

Unique and Accurate Profile Information. You agree that, as a Member, you will create and use only one unique profile and be truthful, accurate and complete in the information presented in your Member profile.

Use of Information Provided by Other Users. You agree to use any information (personal or otherwise) provided to you by Members, or otherwise through the Services, in a lawful and responsible manner. You agree that you will not use information about Members for any reason without the express prior consent of the Member that has provided such information to you.

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

6. Location–Based Services

mishu may offer features that are based on the location of Members and which may report on those Members’ current locations (the ”Location–Based Services”). Use of Location–Based Services is solely at your discretion. Should you use Location–Based Services, you consent to collection and dissemination of your location information through the Services. Under no circumstances shall mishu be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your profile information through the Services.

7. Non–commercial Use by Members

The Services are for personal use only. You may not use the Services in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services or soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose. mishu may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited emails or messages and unauthorized framing of or linking to the App.

8. Account Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username. You agree to immediately notify mishu of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

9. Proprietary Rights

mishu owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Services contains the copyrighted material, trademarks, and other proprietary information of mishu. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on or through the Services, without first obtaining the prior written consent of mishu. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

10. Content Posted by You

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, ”post”) on the App or transmit to other Members, including questions, photographs or text, whether publicly posted or privately transmitted (collectively, ”Content”). You may not post on the App or as part of the Services, or transmit to any other Member or to us, any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

Your use of the Services, including all Content you post through it, must comply with all applicable laws and regulations. You understand and agree that mishu may, but is not obligated to, monitor or review any Content you post on the App. mishu may delete any Content, in whole or in part, that in its sole judgment violates this Agreement or may harm the reputation of mishu or the App.

Licenses Granted by You. By posting Content on the App you grant mishu and its affiliates a worldwide, perpetual, irrevocable, non–exclusive, royalty–free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so–called ”moral rights” in your content. You further grant all users of the Services permission to view the Content you post and your profile information for their personal, non–commercial purposes.

You agree that mishu may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to comply with legal process; enforce this Agreement; respond to claims that any Content violates the rights of third parties; respond to your requests for customer service or allow you to use the Services in the future; or protect the rights, property or personal safety of mishu or any other person.

11. Prohibited Activities

The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:

impersonate any person or entity;
solicit money from any Members;
post any Content that is prohibited by this Agreement;
”stalk” or otherwise harass any person;
express or imply that any statements you make are endorsed by mishu without our specific prior written consent;
ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ”data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;
collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App;
interfere with or disrupt the Services;
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
”frame” or ”mirror” any part of the App, without mishu prior written authorization;
use meta tags or code or other devices containing any reference to mishu or the Services (or any of its trademark, trade name, service mark, logo or slogan) to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Service in accordance with this Agreement.

12. Prohibited Content

The following is a partial list of the kind of Content that is prohibited on the App. You may not post or otherwise make available Content that:

promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users of the App;
involves the transmission of ”junk mail”, ”chain letters,” or unsolicited mass mailing or ”spamming” (or ”spimming”, ”phishing”, ”trolling” or similar activities);
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture–installed copy–protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to ”scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
publicizes or promotes commercial activities and/or sales without our prior written consent;
You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members;

mishu reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates these provisions, including removing the offending communication from the App or and terminating or suspending the membership of such violators.

13. Customer Service

mishu provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.

14. Modifications to Service

mishu reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that mishu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

15. Copyright Policy

mishu respects the intellectual property of others, and we ask our users of our Services to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You are responsible for ensuring that the materials you upload to the App do not infringe any third party copyright.

mishu will promptly remove materials if properly notified that the materials infringe a third party’s copyright. In addition, mishu may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

16. Disclaimers

Disclaimers of Responsibility for User Actions. You are solely responsible for your interactions and arrangements with other individuals you come into contact with through the Services. You understand that mishu does not, in any way, screen individuals, including Members, nor do we inquire into the backgrounds of Members or attempt to verify their statements. We make no representations or warranties as to the conduct of Members, Members’ compatibility with current or future Members, any information concerning any venues, dates (proposed, accepted, or otherwise), schedules or events suggested by Members or otherwise through the Services. We do not verify or check any arrangements, including proposed dates or schedules, on behalf of Members, and we therefore make no guarantees about such dates or schedules. In no event shall mishu be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Members or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet in person. In addition, you understand and agree that we make no guarantees, express or implied, regarding the provenance of, or your compatibility with, individuals you meet through the Services.

No Reliance on Content. Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. mishu does not guarantee the accuracy, completeness, or usefulness of any information on the Services or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any user of the App.

17. Applicable Law and Jurisdiction

By using the App, you expressly agree that this Agreement, and any dispute between you and mishu, arising out of the Services and/or this Agreement, shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Israel.

18. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will mishu be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Services, even if mishu has been advised of the possibility of such damages. In no event will mishu’s total liability arising out of or in connection with this Agreement or from the use of the services exceed the amount of one hundred US dollars ($100).

19. Indemnity by You

You agree to indemnify and hold mishu, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

20. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. This Agreement contains the entire agreement between you and mishu regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Contact Information

If you have any questions regarding this agreement, please contact us by email at contact@mishuapp.com

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