Terms of use

Terms of Use

1. Notice / Acceptance of Terms

These Terms of Use Agreement (“Agreement”) govern and set forth the terms and conditions

of your use of Segoma Ltd.'s (“Company”) website at http://iGrade.segoma.com/ and all other

features, content or applications, as currently or as may be offered in the future, in connection

with the site (collectively the “Website”), whether as a visitor or a registered user. Please read

the provisions of this Agreement carefully before making any use of the Website, together

with the Website’s Privacy Policy at http://www.iGrade.segoma.com/privacy which explains

how Company treats Users' personal data and protects Users' privacy when using the Website,

referenced herein as an integral part of this Agreement (“Privacy Policy”). By using the

Website, you indicate your compliance and acceptance of the terms set forth in this

Agreement. If you do not agree to these terms, please refrain from using our Website.

You represent and warrant that you are not a minor (a minor shall mean a person under age

according to applicable law) and you have the adequate legal capacity to agree to this

Agreement; You further undertake that you will use the Website solely for lawful and personal

purposes, in accordance with these terms, without violating any law, regulation, ordinance or

any right of Company or any third party's right, including any right of privacy, publicity,

This Agreement is a legally binding contract made between Company and you, as the user of

the Website, to be referred hereunder as “User”.

2. The Website as an Application

The Website acts as an online crowd sourced diamond grading application, which enables

User to grade the presented images on the Website, according to certain criteria and/or

questions presented on the Website (the "Activity"). For every number of correct answers

User will earn a certain number of credit points ("Credit"), that may be convertible into cash

or cash equivalent according to a pre-determined Credit-payment ratio, all subject to

Company's sole discretion and as shall be further detailed below (“Payment”). Payments, if

any will be paid by Company to the verified payment method, registered to User's account (for

example PayPal) (the "Payment Method").

For the avoidance of doubt, the Credit shall be your sole and absolute right with respect to any

use of the Website and/or use, participation, contribution or any other effort you may have in

the Activity and other than the Credit you shall not be entitled to any other reward, prize or

any other monetary or non-monetary right with respect thereto.

User acknowledges that currently Company is not the reseller or seller of the images and/or

the items presented therein and it does not sell any products or provide any services or offer

any interaction through the Website other than the Activity. Further it is acknowledged that

Company is not acting as an agent of sale or an agent of any merchandise.

3. User Accounts

Performed in any medium, the registration process may require User to provide personal

information including, but not limited to, a user name, password and an e-mail address and his

Payment Method. User warrants and represents that all information supplied by it is true and

accurate and User shall be responsible to update and maintain the accuracy of such

information at all times including but not limited to updating your password from time to time

and logging out of your account at the end of each use of the Website.

You accept full responsibility for any unauthorized use of the Website by a minor through

your Account and you acknowledge that you are responsible for any use of your Payment

Method, credit card or other payment instrument by minors, on your behalf.

If you suspect any breach of security or any unauthorized use of your account, you hereby

agree and warrant you shall notify Company immediately. Notwithstanding anything to the

contrary, you shall bare all responsibility for the use of your account and any activity that shall

occur through it. Company will not be liable for any loss of data you may incur as a result of

any unauthorized use of your account, including without limitation loss of Credit, for any

reason.

Registration under more than one account for any reason is prohibited.

Company's use of any personal information is governed by its Privacy Policy. User shall be

responsible for maintaining the confidentiality of its user name and password and shall not

permit and/or authorize the use of its profile by anyone other than himself. User may not

share, distribute, rent, lease, sell, transfer or give away access to its account to any person or

corporation.

Company reserves the right to terminate User's Account on the Website or refuse any or all

use of the Website by User for any reason or no reason, at any time.

In the course of the registration process you will also be required to provide a Payment

Method. Any of User's financial information shall be used only to transfer the Payment to you

for the Credit you earned, if any.

4. Credit

User can earn Credit only after completing the registration process. The Credit shall be

granted in exchange for submitting a correct answer to the questions posted on the Website

regarding the images. The amount of Credit earned shall be determined solely by Company

and according to its records.

In the event there shall be any inconsistencies between the Credit as presented to you in your

Account and Company's applicable records (due to bugs, viruses and/or any other failure or

default in the Website or any change in policy, rules and regulations and/or due to third party

components used in conjunction with the Website), the Credit represented in Company's

records shall prevail.

You shall not use the Website and/or the Activity in any unlawful, harmful or offensive

manner including in any attempt to cheat or gain any unintended advantage while using the

Website and/or Activity by you or by anyone on your behalf nor are you allowed to modify or

interfere with the Website, including, without limitation, enabling unauthorized activity

related to your and/to other Users’ Credit.

5. Intellectual Property

The Website, the Content (as such term is defined below) and any other content referenced in

the Website (except for public domain material) is and shall remain under the exclusive

ownership of Company. Any derivative content and/or any other content in the Website which

was made by, for and/or behalf of Company, including any of the images, photographs,

illustrations, 3d simulations and/or any other content which is derivative therefrom

(“Content”) is and shall remain at all times the sole and exclusive intellectual property of

Company.

The names, logos, graphics, icons, designs, words, titles and phrases on the Website constitute

trademarks, trade names, trade dress and associated activities and/or services and/or activities

of Company. The display of any of these trademarks and/or Content does not convey the User

and/or any other third party any license or other rights regarding these trademarks and/or trade

names and/or Content, and any unauthorized use of such is strictly prohibited.

Any unauthorized copying, modification, alteration, redistribution or reproduction of the

contents (including without limitation, any Content) of the Website by the User or by any

person may be a violation of federal or common law, copyright and/or trademark laws.

Except where permitted by law or relevant open source licenses, you hereby warrant and

represent that you shall not, reverse engineer, decompile, disassemble, decipher, modify or

otherwise attempt to derive the object code or source code for any underlying software or

other intellectual property used by Company on the Website, or to obtain any information

from the Website.

6. Changes or Alterations to the Website/Activity

Company reserves the right to change, alter, update, modify, suspend, and discontinue,

temporarily or permanently, the Website and/or the Activity and/or all or any of the, content

on the Website, and/or the availability of the Content and/or Activity, with or without notice,

and for any or no reason. Company shall not be liable towards User or any third party for any

such modifications, availability (or the lack of such) suspensions or discontinuance of any or

all of the Activity or content on the Website.

7. Disclaimer of Warranties

NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS USER

IS ENTITLED TO AS AN END USER, TO THE EXTENT THAT SUCH RIGHTS

CANNOT BE WAIVED OR ALTERED BY USER BY A CONTRACTUAL AGREEMENT.

USER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE, THE ACTIVITY AND

ANY OTHER APPLICATION OFFERED BY COMPANY, IS AT USER'S OWN RISK.

THE ACTIVITY OFFERED BY COMPANY ON THE WEBSITE IS PROVIDED ON AN

"AS IS" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND

WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR

IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT

LIMITED TO, ANY IMPLIED WARRANTIES WITH RESPECT TO THE ACTIVITY'S

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-

INFRINGEMENT. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR

TERM OR OTHER CONDITION (I) THAT THE WEBSITE, INCLUDING THE ACTIVITY

SHALL BE AVAILABLE TO USER ONLY VIA THE WEBSITE, WILL MEET USER'S

REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR

ERROR FREE; (II) AS TO THE RESULTS OR OUTCOME THAT MAY BE OBTAINED

FROM THE USE OF THE WEBSITE, CONFIDENTIALITY OR PRIVACY OF ANY OF

USER'S INFORMATION REGISTRATION DATA, OR ACCURACY OR RELIABILITY

OF ANY INFORMATION OBTAINED THROUGH THE ACTIVITY ON THE WEBSITE.

ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF THE WEBSITE, IS

DONE AT USER'S OWN DISCRETION AND RISK AND USER IS SOLELY

RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF

DATA OR ANY RELIANCE ON THE PAYMENT DUE FROM THE OBTAINED CREDIT

THAT RESULTS FROM THE USE OF THE WEBSITE. COMPANY MAKES NO

REPRESENTATION, WARRANTY, TERM OR CONDITION REGARDING THE

ACTIVITY OR REGARDING TO, OR IN CONNECTION WITH ANY TRANSACTIONS

ENTERED INTO IN RELIANCE ON THE CONTENT, OR PARTICIPATION IN THE

ACTIVITY WHETHER TO USER AND/OR TO ANY OTHER THIRD PARTY. NO

ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR SCREENED,

OBTAINED BY USER FROM COMPANY OR THROUGH THE WEBSITE, SHALL

CREATE ANY REPRESENTATION, WARRANTY, TERM OR CONDITION NOT

EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS

MAY NOT APPLY TO USER.

COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS, PROCEEDINGS,

LIABILITIES, OBLIGATIONS AND/OR INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR

OTHER DAMAGE, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR

WRONGDOING (“DAMAGES”), RESULTING FROM THE USE OF, OR THE

INABILITY TO USE THE WEBSITE, OR FROM ANY TRANSACTION ENTERED INTO

IN RELIANCE ON THE PARTICIPATION IN THE ACTIVITY OR ON ANY CONTENT,

EVEN IF COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

COMPANY IS NOT AND SHALL NOT BE LIABLE TOWARD USER AND/OR ANY

OTHER THIRD PARTY, FOR ANY DELAY, INACCURACY, ERROR OR OMISSION

WITH RESPECT TO INFORMATION OR THE TRANSMISSION, DISPLAY OR

DELIVERY OF ANY CONTENT AND/OR ANY OTHER PRESENTATION OF THE

CONTENT, INFORMATION OR DATA MADE AVAILABLE THROUGH/VIA THE

WEBSITE AND/OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED

THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY SUCH

INFORMATION AND/OR THE CONTENT. COMPANY IS NOT LIABLE FOR ANY ACT

OR OMISSION OF ANY USER ON THE WEBSITE. USER ASSUMES THE ENTIRE

RISK AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY,

VALIDITY AND QUALITY OF ANY INFORMATION RELATING TO OR DISPLAYED

ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY

CONTENT.

8. Limitation of Liability

In no event will Company ever be liable to User or any other person or entity for any claims,

proceedings, liabilities, obligations and/or Damages in an amount exceeding US$50.00.

9. Links to Other Sites/Advertisements

Company may provide links to external websites or resources (which are not the Website) for

your convenience and reference only. Company do not control or endorse and is not

responsible for the availability of or your experience on these external websites or resources or

for any content, advertising, products, data or other materials on or available from such

external websites or resources. User's use of and dealings with the owners or operators of these

external websites or resources is at its own risk and according to their respective terms.

10. Indemnification

User agrees to indemnify and hold harmless Company, its affiliates and any persons or parties

involved in creating, producing, delivering or managing the Activity, the Content and any

additional content on the Website, from and against any claims arising out of or relating to: (1)

User's violation of this Agreement and/or any applicable law; or (2) User's violation of any

rights of any third party in connection with the Website and/or the Activity.

11. Modifications to Agreement

Company reserves the right to change, add to, delete portion from or modify the Agreement

and/or the terms of its Privacy Policy, from time to time, at its sole discretion. Posting the

modified Agreement and/or Privacy Policy on the Website will give effect to its revised terms.

Thereafter any continuing use of the Website by User will constitute User expressed

agreement to abide by the revised terms.

12. Governing Laws

The Website, excluding any third party and/or affiliates services linked web sites, is

maintained by Company from its offices in Herzliya. By accessing the Website the User

agrees that all matters regarding the access to or usage of the Website, its products, the

Activity and content are governed by the laws of the state of Israel. User agrees and submits to

the non-exclusive jurisdiction of the courts of Tel-Aviv with respect to such matters.

13. Entire Agreement

This Agreement, as amended from time to time, along with any ancillary document and/or

instrument referenced herein, is the entire and exclusive agreement between Company and the

User and except for any designated individual agreement executed between User and

Company separately (e.g. Commercial Agreement) shall supersedes all previous

communications, representations or agreements between Company and the User, oral or

written, with respect to this matter.

14. Waiver

No waiver of any of the terms of this Agreement shall be valid unless authorized in writing

and signed an authorized member of Company. A failure on behalf of Company to strictly

enforce or insist upon compliance with any of the terms or conditions of this Agreement shall

not be construed as a waiver of such terms, conditions or rights.

15. Savings Clause

If any sentence, term or condition of this Agreement is found by a court of competent

jurisdiction to be unenforceable or illegal, such sentence, term or condition will be

automatically ratified to be valid, enforceable and operative to the maximum extent of the law

and to preserve its original intent. The invalidity of any part of this Agreement shall not render

any other part of the Agreement in its entirety, invalid.

16. Miscellaneous

This Agreement shall endure to the benefit of Company and its affiliates. The headings

contained in this Agreement are merely for convenience and convey no legal or interpretive

effect. Third party's terms and conditions may be applicable when using other services, links,

third party content, promotional content or third party software on or provided through the

Website. Company, under this Agreement, may assign its rights and duties to any party at any

time without notice to the User.

displayed on the Website are Company's property or the property of other third parties. User is

not permitted to use these trademarks, logos and service marks without prior written consent

from Company or such third party.

Last updated on: May 25th,2017.

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