Use of the application and its contents is subject to reading this statute. Carefully read the rules in full, since use of the services, information or viewing of the content displayed in the application, and/or any other action constitutes agreement with all articles of the statute. Please carefully read this statute from time to time, since changes may be made to them.
1.1. The Video On Demand application (Hereinafter: “The Application“), which is operated by Vonetize.com, a DBA of Pixelate TV Limited (Hereinafter: “Vonetize“), offers various content such as movies, television series, musical performances, clips, etc. on entertainment, documentation, current events, etc. (Hereinafter: “The Content” or “The Services“), that can be viewed on smart televisions, smart phones, tablets, etc. that support it (Hereinafter: “The Viewing Devices“).
1.2. Any reference in masculine tense refers to both genders. Use of the masculine tense in the statute is for convenience purposes only. A reference to the singular includes the plural and vice versa. The headlines are for convenience purposes only and should not be assigned any other interpretation.
- 2. The Content in the Application
2.1. From time to time, the Application will offer various content in a range of topics. The content is lent for viewing for personal and non-commercial use for a limited time.
2.2. For every content item offered for viewing in the Application, an information page is displayed that includes the name of the content item, a brief description of the content displayed in the item, the lending period and lending fee when applicable. It is hereby clarified that the information about the content items is based on information Vonetize received from the various content producers. Hence, Vonetize is not liable in any way for complete compatibility between the information displayed and the content item.
2.3. Vonetize is not required, in any manner, to maintain any range of content in the Application. Vonetize is entitled to change at any time any of the content that is displayed in the table of contents in the Application, to replace any of the contents in the table or to remove any of the content from the said table.
2.4. In order to enjoy the services being offered in the Application, the customer must ensure that their Viewing Device maintains a continuous and fast connection to the Internet. High Definition content viewing is only possible on a fast, free and continuous connection. The customer has been informed that the quality of the Internet connection depends, inter alia, on the Internet access provider and Internet infrastructure provider, on the volume of other uses the customer makes on the band made available to him at the time as well as on the quality of the connective equipment in his possession. Vonetize is not liable for any crashes and/or malfunctions in viewing attributed to a faulty, interrupted or slow Internet connection.
2.5. The customer declares that he has been informed that content viewing through the Application will use some of his broadband Internet connection, and subsequently, use of full Internet broadband for other purposes at the same time might be hindered, and the customer will have no claim as a result.
2.6. Content that is ordered will be electronically supplied exclusively through the Internet.
- 3. Purchase of a subscription and/or content items through the Application
3.1. The Application can be used in – the – following way:
3.1.1. Periodical subscription: The purchase of a fixed periodical subscription (one month, one year or any other period to be listed) that is automatically renewed at the end of every subscription period, allowing viewing of all content offered in certain categories for this purpose.
3.2. The price for a periodical subscription and the content prices that will be published in the Application are the last updated content prices at the time of the customer’s visit to the Application and/or on the date the order was entered and confirmed by the customer in the Application, whichever is later. Vonetize will be entitled to update the periodical subscription price and the content prices in the Application, from time to time, regardless of the date of the visit and/or placement of the order by the customer.
3.3. Payment for the periodical subscription will be collected at the start of every subscription period for the ensuing period. The subscription will be automatically renewed every subscription period unless the customer issues written notice of their cancellation of the subscription. Vonetize will be entitled to update the basket of products offered in the periodical subscription, pursuant to having a clear marking inside the Application for content included in the subscription basket.
3.5. Vonetize reserves the right to offer sales and discounts for periodical subscription and for purchased content but these sales will not retroactively apply to anyone who has already purchased the discounted product.
3.6. Adults 18 years of age or older (a minor carrying out said transactions will be considered a minor who received permission from his parent/guardian to make the purchase) will be entitled to make purchases on the application, who has a valid credit card (or any other acceptable means of payment for Vonetize) and has an email address (whose address will be supplied during the order / purchase in the Application) as well as a residential address.
3.7. Purchases in the Application are made via credit card (or special vouchers that will be issued), and directed to external clearance. A prerequisite for validating the purchase is credit card company approval of the transaction and its collection. In order for the purchase to be carried out quickly and without error, accurate information must be provided. Otherwise, execution of the order may not be guaranteed. Vonetize undertakes to provide only content that has been fully paid.
3.8. In order to make a purchase through the Application, registration is required. During the registration process, the customer may be asked to enter his personal details such as first and last name, address, email, telephone, credit card number, ID No, etc. The customer is not required to enter this information unless he wants to but the registration process is necessary to enable the purchase to be made through the Application.
3.9. Once registration has been completed, the customer information will be saved in the Vonetize computer systems (with the exception of the invoice charge information, which is not saved at all). Unless the user otherwise indicated, the registration process constitutes user approval to be included in the Vonetize customer list and consent to receive ads about Application content, sales and enhancements.
3.10. The subscription is personal and non-transferable – the rights to the subscription cannot be transferred and/or endorsed and/or eliminated by virtue of the subscription, and authorization to use the subscription information must not be given to any other entity without the expressed written consent of Vonetize.
3.11. Cancellation of the payment method in violation of the specified in this statute will not be valid, and the subscription holder undertakes to indemnify Vonetize for any expense the latter incurs as a result, including collection and legal retainer expenses.
3.14. Every subscription allows access to the Application through up to three different Viewing Devices (devices that support the Application only) – which are the first three viewing devices the subscriber connected in the Application (Hereinafter: “The Authorized Devices“). After entering the Application through the first three Viewing Devices, access to the Application will be blocked to other Viewing Devices for said subscription. The definition of Authorized Devices can be changed through Vonetize customer service only, and pursuant to its approval. Vonetize reserves the right to decide, at its own discretion, whether to replace the definition of the Authorized work Viewing Device.
3.15. Vonetize is entitled to cancel the transaction if an error occurred in the Application with regards to a description of the content item and/or its price, or if it is revealed that the transaction was accompanied by an illegal action on the part of the customer and/or third party.
3.16. Vonetize reserves the right to cancel and/or not provide any individual the right to purchase a periodical subscription and/or make purchases through the Application due to unlawful use of its services, infringement of this statute and/or failure to pay for contents purchased.
3.17. Once every subscription period, a tax invoice will be sent to the email address listed by the customer that lists the services purchased by the customer during the subscription period. The customer must review the contents of the invoice.
- 4. Termination of the Contractual Arrangement
4.1. Should you wish to cancel the transaction for reasons not related to a product defect, you are entitled to issue written notice of cancellation of the transaction within 14 days from the date of the transaction or from the date of receipt of the document indicating transaction, whichever is later. The charge will be made only for the relative portion of the period in which the subscription was in use. Despite the aforementioned, products that can be recorded, duplicated or reproduced cannot be returned or replaced.
4.2. In the event of a permitted cancellation of a remote sales transaction that is not due to a product defect, incompatibility with its description, failure to supply on time or a breach of contract, Vonetize will be entitled to charge the customer a cancellation fee of up to 5% of the subscription price or 25 USD, whichever is lower. In addition, and as specified, the right to return or replace a product and/or service may be subject to other restrictions as specified in the applicable law.
4.3. In addition, the customer is entitled to inform Vonetize at any time of their desire to not renew the periodical subscription that he purchased, in accordance with the provisions of the said Consumer Protection Law. Notice of failure to renew will be done in accordance with the law, and will specify, in writing, the date of its sending, the customer’s identification information (first and last name, customer number, ID number, last 4 digits on the credit card and address) and the date on which he wishes to end the subscription. Said notice must be sent by clicking on the designated button for this in the Application, or delivered by email: info@Vonetize.co.il
4.4. The termination of the subscription will go into effect at the end of the subscription period in which the notice was received, and the subscription fee and/or part of said fee will not be refunded for the time until the end of said period.
4.5. Termination of the subscription by Vonetize prior to the end of the period – Vonetize is entitled to temporarily or permanently terminate the services provided to the subscriber, or limit said services, if the subscriber has failed to make payment on time; and/or if Vonetize became reasonably concerned that the subscriber would not pay for said services; and/or if the subscriber violated any of the terms of the contractual arrangement with Vonetize including the provisions of this statute; and/or if the subscriber declared bankruptcy or a trustee was appointed for him, in a bankruptcy, temporary or permanent receivership, temporary or permanent liquidator, as the case may be, or if an application was submitted in this context with the court, and was not withdrawn within 30 days from the date of its submittal, etc.
Should the subscription be terminated by Vonetize, the subscriber will pay for the services used until the date of termination.
- 5. Intellectual Property
5.1. Copyrights, distribution rights, trade secrets, trademarks and any kind of intellectual property, pertaining to both design and paging of the Application, and with regards to the content appearing in the Application and contents sold on the Application, are the exclusive property of Vonetize (and/or any of its agents) and/or that are legally in its possession via a license. Visiting the Application or purchasing content does not provide any license and/or right to the Application content and/or part of the content and/or to the Application code and/or content. No part of this Application and/or its content may be duplicated and/or reproduced and/or distributed and/or published and/or broadcast and/or publicly displayed and/or publicly heard and/or commercially used, directly or indirectly, including by way of connecting to another recording device (physical, wireless or in any other manner) and in any other way without the expressed written consent of Vonetize.
5.2. It is hereby clarified that the intellectual property of each content item does not belong to Vonetize but is subject to its legal commercial use by way of license. Vonetize takes a harsh view of any infringement of the intellectual property rights of any other party and will view harshly any attempt to use the Application as a means to infringe upon or violate any of the intellectual property rights of the other party.
5.3. The ads displayed in the Application, if any, are the intellectual property rights of the advertiser and as such, the ads may not be used in any manner that constitutes an infringement of the advertiser’s rights in the advertising.
5.4. The names “Vonetize”, “Vonetize” and “Pixelate” and their related trademarks (whether or not they were registered) are all the exclusive property of Vonetize (and/or any of its agents), and must not be used without the expressed written consent of Vonetize.
- 6. Limits of Liability Regarding Normal Operations of the Application and regarding Content Displayed in Application
6.1. Vonetize does not promise that the service provided in the Application will not be interrupted, will be provided regularly without disruption or disconnections and/or will be immune to hacking to Application computers, damages, malfunctions, errors, hardware crashes, software crashes or communication lines with the Application or any of its providers or will be damaged by any other reason, and will not be liable for any damage – direct or indirect – mental anguish, etc. that is incurred by the user or the user’s property as a result.
6.2. The content in the Application is provided AS IS from third parties, and subsequently, is the responsibility of the content producers or the owners of the rights alone. Vonetize and/or any of its agents will not be in liable, directly or indirectly, for any direct, indirect, consequential or special damage, financial or otherwise, incurred by the user or by any third party as a result of viewing and/or reliance on the content appearing in the Application, including emotional damage, mental anguish, loss of income and/or prevention of profits that will be caused by any reason.
6.4. The content items displayed in the Application or the inclusion of a link by Vonetize will not be construed as an offer to the user, as an expression of support, encouragement, consent, deviation, lobbying or sponsoring by Vonetize with regards to this content and/or to the services being offered by other parties, and its decision to advertise them does not impose on Vonetize (and any of its agents) any liability for their content, in any way. It is the user’s responsibility to regulate and restrict viewing of certain content, at his discretion, from his children and family.
6.5. Without derogating from the aforementioned, Vonetize (and/or any of its agents) will not be liable for any damages that exceed the price of the content ordered and paid for by the purchaser.
- 7. Saving Customer Information and Data Security
7.1. For as long as private information about users in the Application is needed, Vonetize will make a concerted effort to maintain the discretion of said information. In addition, Vonetize undertakes to not make any use of user information, and/or transfer said information to any other party (with the exception of subsidiaries and/or related companies) without the customer’s consent.
7.2. Credit card purchases of a service are secured with SSL standard and the Company does not save the customer’s credit information once the charge has been transferred to the credit card company. Concurrently, when information and content is entered through the Application, there is concern of disclosure of user content for viewing and use by others on the Internet, and Vonetize (and/or any of its agents) is not liable for their security and/or for any damage and/or for any loss and/or expense incurred by the user and/or any third party as a result.
7.3. Vonetize (including its subsidiaries and/or related companies) will be entitled to use the user’s personal information for internal purposes only, for statistical analyses (without personal identification-) and for the purpose of investigating complaints and/or criticism, including through cookies or other data files. Every user can define their own viewing device characteristics to refuse all cookies and/or data files, or to issue an alert on cookies and/or data files that are sent to it. Despite this, note that the number of sections of the Application might not properly function if the user refuses to accept cookies and/or data files.
7.4. In addition to the aforementioned, Vonetize is entitled to document the IP addresses of purchases made through the Application, and will immediately inform the law authorities of any detected attempt of fraud of deception.
7.5. Vonetize will not be deemed as having violated the undertakings for privacy or of having infringed upon user privacy for any information, as defined in the Computers Law 5755-1995, that can be used to identify the user or to track him by another party, that is attributed to the use of electronic communication devices in general, and computer communication in particular.
7.6. Vonetize will be entitled to send to the user an email, letter or verbal communication containing any information regarding its services and the Application services, advertisements from selected commercial entities, etc., if the participant stated that he wishes to receive this information by marking a ü in the designated spot in the Application.
7.7. For more information about privacy protection policies, see below.
- 8. Customer Service
To obtain more information about the Application, its operations, information on Vonetize services, or if you have any other question, contact the Application’s customer service at support@Vonetize.co.il. Vonetize representatives will be happy to help you with any query during Vonetize business hours, in order to help make visit to the Application more pleasant and to provide assistance during the purchasing process.
- 9. Miscellaneous
9.1. Vonetize is entitled to shut down the Application and to change from time to time its format, its appearance and the availability of its services and content provided in it, without having to issue advance notice. As such, there will be no claim, charge or demand against Vonetize in this regard.
9.2. Vonetize’s computer records regarding transactions that are carried out through the Application will constitute prima facie evidence of the transactions. Unless otherwise proven by the customer, every order of content in accordance with the customer’s ID information will be considered as having been carried out by the customer itself.
9.3. Sole and exclusive jurisdiction to hear any matter regarding use of the Application is that of the Republic of Cyprus Court, and use of the Application will be exclusively subject to the laws of the Republic of Cyprus.
9.4. Vonetize is entitled to update this statute at any given moment without having provided advanced notice.
Privacy Policies with Regards to Use of the Application
Listed below are explanations on the manner and policies that Vonetize adopts regarding information submitted to it by users in the Application or that it complied during its use.
Registration for Services
Some of the services in this Application may require registration. As part of the registration, you will be required to provide personal information such as your name, address, telephone number and contact information for you or your email address or method of payment to purchase content, your ID number and the ID number of your viewing device. The mandatory fields that must be completed will be explicitly marked. Since Vonetize will only request information necessary for the service to which you registered, in some services, you will be asked to add and provide additional information that is required by the nature of the service. Failure to provide said information in the mandatory fields will prevent you from registering for services that require registration.
As an integral part of the registration process for the Application, and as a prerequisite for completing the registration process, Vonetize will be entitled to verify your identity based on said information you provided. The data you will provide during registration to the Application services will be stored in the Vonetize database. There is no legal obligation to provide the information but failure to provide said information might prevent all or some of these services from being provided.
Use of Submitted Information
Disclosure of Information to Third Parties
Vonetize wants to occasionally send you through email information regarding its services as well as marketing and advertising material – whether the information is information that it itself publishes or whether it is information that it receives from other advertisers to publish, said information will be sent to you only after you have given your explicit consent, and you can request that no information be sent to you at any time.
At the same time, Vonetize will not provide your personal information to any third parties (with the exception of subsidiaries and related companies), if said information personally identifies you unless:
– At the time you purchase content and services from Vonetize’s commercial partners or in joint activities with Vonetize and a third party that are displayed in the Application. In these cases, these partners will receive the information they need to complete the purchase, to manage the relevant content activity and to maintain contact with you.
– You granted explicit consent and/or request
– Whenever Vonetize believes that delivery of said information is necessary to prevent serious harm to your body or property or the body or property of a third party;
– If Vonetize receives a judicial order instructing it to provide your information or information about you to a third party.
– In the case of any dispute, argument, claim, demand or legal proceeding, if any, between you and Vonetize.
Data Files and Cookies
The more you use the same subscription via several different viewing devices, the Cookies and the Data Files may be sent to all devices used, and said information will be stored for each viewing device in the subscription.
If you do not want to receive other Cookies or Data Files, you can prevent this by changing the definition of your viewing device. In order to do this, please consult with the Help file in your viewing device. Neutralizing the Cookies or Data Files might prevent you from using some of the services and content in the Application. Furthermore, you can delete the Cookies and Data Files at any given moment. It is recommended that you do this only if you are convinced that you do not want the Application to be adapted to your preferences. Since Cookies occasionally spare you from the need to enter user names and passwords, do not delete them unless you are confident that you have first recorded in a safe location all of the information you need to use in the Application.
Third Party Services
Data Compilation for Statistical Purposes
Vonetize (and/or its agents) will compile and analyze information on the volume of use of the Application, the frequency of use, user access sources to the Application, volume and nature of content viewed, etc. In order to compile the user information, Vonetize uses various technologies that helps it monitor the actions in the Application. For example, reviews the popularity of various content and services in the Application. The compiled information is statistical in nature, does not personally identify you and is designed strictly for analysis, research and control purposes.
In the Application, Vonetize implements information security systems and procedures that, although reduce the risks of unauthorized entry into Vonetize computers, does not completely eliminate the risk. Vonetize does not undertake that the services in the Application are completely immune to unauthorized access to the information stored in its computers.
Right to Review Information
In accordance with the Privacy Protection Law 5751-1981, every individual is entitled to review on his own, or via a proxy who has his written authorization or a legal guardian, his personal information that is stored in a database. Anyone who reviewed information and found it to be incorrect, incomplete, ineligible or outdated is entitled to contact the database owner and request that the information be amended or deleted. If the database owner refuses to comply with this request, he must notify the applicant in the manner set forth in the statute. Should the database owner refuse to allow a review and issues notice of refusal to amend or delete the information, the party requesting the information will be entitled to file a motion with the magistrate court in the manner prescribed in the statute.
In addition, if the information in the Vonetize database is used to personally contact you, based on your affiliation with a population group, that was established in accordance with one or more characteristics of people whose names are included in the database (“Contact with commercial proposal”), you are entitled in accordance with the Privacy Protection Law 5751-1981 to issue written demand that the information pertaining to you be deleted from the database. Vonetize will, in this case, delete this information it requires to contact you with commercial proposals. As previously mentioned, the information Vonetize requires to manage its business, including documentation of commercial and other activity that was carried out in the Application, will continue to be saved in Vonetize in accordance with the law, but will no longer be used to contact you. If within 30 days, you do not receive confirmation that the information that Vonetize was asked to delete was actually deleted in accordance with this article, you will be entitled to submit a motion with court in the manner prescribed in the statute that by virtue of the law, Vonetize will be instructed to comply with said instruction.