Giant Sender is an online sharing tool brought to you by Tabatoo Ltd. (“Tabatoo”) The use of Giant Sender and the Giant Sender website (Jointly: “Giant Sender”) is subject to the following End User License Agreement (“Terms”), which constitutes a legal agreement between you and Tabatoo. Please read the Terms Carefully before using Giant Sender.
If you do not undertake or agree to any of the following Terms, do not use Giant Sender. Furthermore, do not use Giant Sender if you are under the age of 13.
Any use, including downloading, installing or any other user of Giant Sender, constitutes acceptance of the Terms. The Terms may be amended or updated at any time, without prior notice, upon Tabatoo’s sole discretion. Should you not agree with any amendment or update, you are required to cease from using Giant Sender.
Tabatoo may, at its sole discretion make any updates, alteration or other changes to Giant Sender. Tabatoo shall have no liability for any damages or other effect resulting of such changes.
Subject to the Terms, you are hereby granted a non-exclusive, non-transferable, non sub-licensable, limited right to access, use, download and install the currently available version of Giant Sender, solely for your lawful, personal, and non commercial use.
Giant Sender Including its code, content, protocols, software, and documentation provided to you by Tabatoo, shall remain the property of Tabatoo and will retain all intellectual property right, title and interest in and to Giant Sender, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes and moral rights whether registered or not and all applications and derivatives thereof.
Giant Sender may include links to third party services and/or the third party service, which are not proprietary to Tabatoo or under its control in any manner. The Third Party Services are subject to its third party terms and conditions. It is your obligation to review the third party terms and conditions, should you intend on accessing or using them in any manner. The Third Party services terms and conditions constitute an agreement between you and the applicable third party service provider.
You are required to use Giant Sender, solely in accordance with the Terms, Any unauthorized use is strictly prohibited. You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer Giant Sender for the benefit of any third party. Creating a backup for your own use is allowed.
You agree not to use any method, process or device, whether automatic or manual to interfere or attempt to interfere with Giant Sender. You may not violate or attempt to violate the security of Giant Sender. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with Giant Sender, or attempt to do so for any reason. Unless specifically stated otherwise, you may not access, create or modify the source code Giant Sender in any way, or to create derivative works. Any modifications or enhancements you create shall remain the sole property of Tabatoo.
You may not use the Tabatoo tradename or Giant Sender tradename or other proprietary rights or misrepresent the source of ownership of Giant Sender.
Use of Giant Sender is subject to applicable export control laws. It I prohibited to download or otherwise export or re-export into (or to a national or resident of) any country to which the U.S. has currently embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or any other use that is in contradiction to any applicable export laws. You declare that and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Tabatoo, in its sole discretion, may modify or discontinue or suspend your right to access or use Giant Sender or any other product by Tabatoo at any time. Further, Tabatoo, in its sole discretion, may at any time suspend or terminate any license hereunder and disable Giant Sender or any part of it.
Operation of Giant Sender requires operational internet connection. You may be required to register in order to use Giant Sender. Should the operation of Giant Sender require registration, you are required to maintain the confidentiality of your user ID and password. You are fully responsible for the actions undertaken under your account. You shall notify us immediately in case of any unauthorized use of accounts or any breach of security. Should Tabatoo suspect that the security of your account is compromised, it may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Tabatoo shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. Any information you provide within the registration process must be accurate, complete and current. Should Tabatoo suspect that the provided information is inaccurate, not current or not complete, it may suspend or terminate your use of Giant Sender, and pursue any appropriate legal remedies. Tabatoo has the right to use the provided information for the purposes described in these Terms.
Giant Sender IS PROVIDED TO YOU “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED. TABATOO IS NOT AND IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF Giant Sender, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITATION, TABATOO MAKES NO WARRANTY THAT Giant Sender WILL BE SUITABLE FOR YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE Giant Sender QUALITY WILL MEET YOUR EXPECTATIONS. YOU SHALL BEAR THE RISK ARISING OUT OF USE OR PERFORMANCE OF Giant Sender. TABATOO DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TABATOO, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH IS A RESULT OF YOUR USE OR POSSESSION, ACCESS OR MALFUNCTION OF Giant Sender, INCLUDING BUT NOT LIMITED TO, MONETARY DAMAGES, LOSS OF PROFIT, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, UNDER ANY CAUSE OF ACTION, WHETHER CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOTTABATOO OR ANYONE ON THEIR BEHALF, INCLUDING RELEVANT THIRD PARTIES HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED.
IN NO EVENT SHALL TABATOO, ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS OR ANY OF THEIR BEHALF LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY FOR YOUR USE OF Giant Sender OR TEN DOLLARS (10$), WHICHEVER LESS.
These Terms and any dispute relating to Giant Sender or Tabatoo shall be governed by the laws of the state of Israel, without regard to the conflicts of laws principles thereof.
You hereby submit to the exclusive jurisdiction and venue of Tel Aviv, Israel.
You shall indemnify, defend and hold Tabatoo , ITS PARENTS, AFFILIATE AND SUBSIDIARY OR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using Giant Sender and/or your breach of these Terms.
These Terms represents the complete agreement concerning Giant Sender between the parties and supersedes all prior agreements and representations between them.