Publisher Terms of Service
The Hola Media Player and the Hola P2P Platform (together the “Products” or “Services”) provide any third party (“Publisher”) the ability to manage, stream, host, monetize and embed video content to desktop and mobile devices. Please read these Terms of Service carefully before any Use of the Products. Publisher’s Use constitutes an unconditional agreement to be bound by these Terms of Service. IF PUBLISHER DOES NOT ACCEPT THE TERMS PUBLISHER IS PROHIBITED FROM USING THE PRODUCTS.These Publisher Terms of Service ("Terms of Service") are binding upon any Publisher who delivers, hosts or displays Content (as stipulated below) using the Products by embedding them in its webpage or otherwise uses the Products.
These Terms of Service provide the Publisher with key principles to which it must adhere to, and do not derogate from Publisher's obligations to act at all times pursuant to any applicable law, contractual obligations, terms of service, privacy policies and guidelines of third parties.
For the purpose of these Guidelines, Content shall mean the any content, files (including torrent files), links(including magnet links), video content or any other materials, effects, functionalities and any information, ads, video, sounds, photo, text, graphics, music, image, links to third party sites and/or services, logos and any other materials and/or content provided, distributed, hosted or displayed by Publisher or anyone on Publisher's behalf, in connection with the Service.
- Hola reserves the right to modify or update these Guidelines, subject to its sole discretion from time to time
- Any violation of the Guidelines may lead to suspension or termination of the use of the Service, in Hola's sole discretion and without prior notice.
- Publisher is strictly prohibited from Use of the Products for any purpose that is prohibited by these Terms of Service. Publisher is solely responsible for any Content or other material that Publisher posts, uploads, submits, Distributes or facilitates Distribution. Prohibited Content includes any Content that (i) infringes any copyright, trademark, patent, trade secret, right of publicity or other right of any person or entity, (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortious, obscene, offensive, vulgar, pornographic, profane, or is otherwise inappropriate as determined by the Company in its sole discretion, (iii) contains any virus, malicious code, Trojan horse, or other program designed, intended or likely to disrupt, damage, limit or interfere with the proper function of any software, hardware ore telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any person or entity, (iv) encourages illegal activity, or (v) falsely suggests or implies sponsorship or endorsement by the Company. Publisher shall not (vi) interfere or attempt to interfere with the proper operation of the Products or any activities conducted through the Products, (vii) decipher, decompile, disassemble, reverse engineer, simulate or derive any source code or algorithms from the Products or use any of the foregoing to create any software or service similar to the Products, (viii) create any derivative work or modification of the Products other than Adaptations permitted by these Terms of Service, or (ix) license, sublicense, sell, encumber, rent, lease, Distribute, transfer or similarly exploit the Products. The Company may review and delete any Content that, in its sole judgment, violates these Terms or is otherwise objectionable.
- The Publisher must ensure that the Content adheres to all applicable laws, regulations and industry guidelines, as applicable, with respect to intellectual property law, and any rules, limitations and restrictions that are relevant to the distribution, display or promotion of the Content.
- The Publisher must ensure that the Content does not violate any third party rights. In particular, the Publisher will refrain from promoting, encouraging, assisting or engaging, in any manner, in infringing activity with respect to any third party's intellectual property rights, and take reasonable steps to ensure that the Service is not misused or abused for such conducts (including, without limitations, restricting end users from uploading, submitting, distributing, delivering, hosting or engaging in any manner with content for which they do not have all necessary licenses, rights and permissions).
- The Publisher shall not in any manner infringe the end user's privacy rights and shall not collect, transmit, disclose, copy or use end user's personal identifiable information, in connection with the Products, without the end user's explicit and informed consent. Exercise of the rights and licenses granted hereunder shall be subject to the Company’s Privacy Policy, currently located at hola.org/legal_privacy, which is incorporated by reference herein.
- Hola Networks Ltd. (the “Company”, or “Hola”) reserves the right to collect information (the “Data”) about the Products that Publisher uses and how they are used. Nothing herein shall prohibit the Company’s use of Data to provide, monitor, analyze or market the Products or for its other reasonable business purposes and Publisher grants the Company a non-exclusive, royalty-free right and license to use its Data in connection with the purposes described above.
- The Company does not warrant that the Products will be error-free or that any errors in the Products will be corrected.
- These Terms of Service shall become effective on the earliest date a Product is used by Publisher, and shall remain effective until terminated pursuant to this Section. These Terms of Service are subject to termination by the Company immediately if (a) Publisher violates any term of these Terms of Service, (b) the Company has a reasonable basis to believe that Publisher is not abiding by the spirit of these Terms of Service, (c) the Company has a reasonable basis to believe that use of the Products by the Publisher is impairing the Company’s business, (d) Publisher is or becomes engaged in a business that is directly or indirectly competitive with the Company’s business
- EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED, USE OF THE PRODUCTS IS AT PUBLISHER’S OWN RISK AND PUBLISHER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF EXERCISING THE RIGHTS GRANTED UNDER THIS AGREEMENT AND ASSUMES ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION.
- EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL THE COMPANY BE LIABLE ON ANY LEGAL THEORY (A) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING LOSS OF REVENUE, PROFITS OR GOODWILL, (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, (C) FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USER, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, OR (D) DIRECT DAMAGES IN EXCESS OF THE TOTAL FEES PAID BY PUBLISHER TO THE COMPANY PURSUANT TO THESE TERMS OF SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
- Except as otherwise set forth in these Terms of Service, Publisher will indemnify, defend, and hold harmless the Company from and against all Claims, and for all resulting Losses (including attorney’s fees) that result or arise from Claims, which in whole or in part, pertain to any Publisher Adaptation or arise from Publisher’s Use, reproduction, Distribution or other exploitation of the Products. Publisher will pay all amounts agreed to in a monetary settlement of the Claims and all Losses that result or arise from the Claims. Notwithstanding the foregoing, Publisher shall have no duty to indemnify or defend the Company from Claims which primarily allege that the Licensed Program, as provided to Publisher by the Company and used in accordance with the terms hereof, infringes the copyright, patent, or trademark rights of a third party.
- These Terms of Service shall be subject to the Company’s published DMCA policy, which is incorporated by reference herein and presently available at hola.org/legal_dmca.
- This License shall be governed by the laws of the State of Israel without regard to conflict of laws principles. Any disputes arising under this License shall be heard in the courts located in Tel Aviv, Israel only and Publisher consents to the exclusive jurisdiction thereof.
- These Terms of Service constitute the entire agreement between the Company and Publisher with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- The Company may modify the terms of these Terms of Service at its sole discretion and such modifications shall take effect and be binding on Publisher on the earliest date which they are posted to the Company’s publicly available website or delivered to Publisher via electronic or physical delivery. No one other than the Company has the right to modify or amend these Terms of Service.