Access to this website (the "Website") is granted by Magnetu Mobile Ltd. ("magnetu") subject to the
following items. By accessing, browsing and/or using the Website and continuing to do the same, you
acknowledge that you have read, understand and agree to be unconditionally bound by the Terms of Access and
Use set forth herein and all relevant MagnetU policies (the “Terms”). YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THE TERMS. MagnetU reserves the right to modify the Terms at any time without giving you prior notice. Your access and use of the Website following any such modification constitutes your agreement to be bound by the Terms as modified.


1. DEFINITIONS

"we", "us", "our" and "ours" means MagnetU; and "you", "your" and "yours" means the user(s) of the Website.

2. ACCEPTABLE USE

By creating and updating your own profile, you agree to use the MagnetU product for the purpose of match making yourself with other MagnetU users in your MagnetU radio range. You will not use the MagnetU product to send unsolicited text messages or email. You agree to treat all MagnetU users or people you meet through MagnetU in a respectful and lawful manner. If a MagnetU user expresses a desire not to hear from you, you agree to honor and respect those wishes.


3. AUTHENTICATING YOUR MOBILE PHONE NUMBER WITH A MAGNETU DEVICE

When you create your MagnetU profile for the first time or when you like to change a mobile phone number, you will have to authenticate your personal mobile phone number with your personal MagnetU device. You agree to type and authenticate your personal mobile phone number only. You understand and agree that your mobile phone number will be sent as part of an SMS message that will be automatically sent from your mobile phone to your matched party in case of a successful match. You will be responsible to all liabilities in case you provide a mobile phone number that is not your personal number. You agree to immediately notify MagnetU of any unauthorized use of your mobile phone number or any other breach of security. You may not authenticate or pair your MagnetU device with more than one mobile phone.


4. PRICING AND PAYMENT

MagnetU does not charge for registration or the creation of a profile. However, your wireless carrier may charge you for the transmission or receipt of text messages in case of a successful match. MagnetU reserves the right to change this pricing model at any time.


5. TERMS OF USE, PRIVACY AND OTHER POLICIES

Your use of the MagnetU Website is governed at all times by this MagnetU Terms of Use, Privacy Policy, as well as any other policies that may be promulgated by MagnetU. Please review and confirm your agreement to the MagnetU Terms of Use and Privacy Policy, which are incorporated into this Agreement by this reference. You agree to permit MagnetU or its representatives to access your profile and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the MagnetU Website and product. MagnetU reserves the right to delete your profile immediately, with or without notice to you, and without liability to you, if MagnetU believes that you have violated this Agreement, any of the Terms of Use or any other MagnetU policy, furnished MagnetU with false or misleading information, or interfered with use of the Website and product by other users. MagnetU may modify, suspend or discontinue the Website at any time, with or without notice, and without liability to you, any other user or any third party.


6. INTELLECTUAL PROPERTY

The Website is the exclusive property of MagnetU. It is however specified to the user that a right is granted to him free, personalized, not-exclusive and not-transferable to access the Website, all other right being expressly excluded without prior agreement written from MagnetU.


7. LICENSE OF MAGNETU'S SOFTWARE USE

MagnetU is the only holder of the whole of the rights of ownership of the software and concedes with the users only one license limited to the conditions which follow, specifying that this license does not carry under any circumstance a right of access to the source code of the software.

MagnetU grants its users who have agreed to the Terms of Use the non-exclusive and non-transferrable right to use the software within a strictly personal function. MagnetU grants the users a right of copy strictly limited for the ends of safeguarding.

Outside of circumstances envisaged by the law, users commit themselves not to undertake or facilitate a reverse engineering or dissection of the software. The users commit themselves to using the software in strict accordance with the documentation provided to any person having proceeded to the downloading of the software. MagnetU reserves the right to cancel the license of authorized users should it deem that the Terms of Use to have been violated.

MagnetU does not guarantee that the software will meet the user's needs, that the use of the software will be compatible with that of other software chosen by the user, that the operation of the software will be uninterrupted or free from errors or that the whole of the errors of the software will be corrected. One is reminded that the software is used under the sole responsibilities and control of the user. The software and any related documentation are provided "as they are" without guarantee of any kind, whether explicit or implicit, including, in a nonrestrictive way, implicit guarantee of adequacy for a particular use.

MagnetU reserves the sole right to interrupt the software to correct it, to adapt it and/or carry out any evolution, subject to the legal provisions of law and order.

MagnetU will not be able to, under any circumstance, be held responsible (1) for all indirect damages whatever they are, including the event of loss of data, files or programs (2) of any dysfunction of a terminal or network.

MagnetU will not, under any circumstance, be held responsible for any consequential damages, or resulting losses of revenues, data or exploitation, incurred by the user or third party, whether that be within the framework of a contract or any other form of agreement, even if MagnetU were informed of the possible supervening of such damage.

Within the limits permitted by the applicable law, MagnetU will not, under any circumstance, be held responsible for any particular damage, indirect or consequential whatever they are (in particular, in a nonrestrictive way, the damage dependent on the losses of revenues, the interruption of work, the loss of operating data or any other pecuniary loss) coming from the use or the incapacity of use of the software.


8. DATA PUBLISHED OUT OF THE USER'S INITIATIVE

MagnetU reserves no right of ownership to the data published by its users. When a user makes data available to other users, it thereby accepts that this data, available for free and for personal use by third parties, available throughout all hosting of the user’s data by the service starting from all types of terminals, and of the downloading/visualization on other supports and, for the maximum duration of protection of the rights thereby related, notwithstanding the faculty which is offered to him to be able to remove these data or to limit their visibility under the conditions defined in article 9.

During the hosting of these data and within the strict framework of the functionalities allowing to make available the Website via Internet or other supports from electronic communications, the user authorizes MagnetU to reproduce/ represent the data which it published and, as and if need be, to adapt the format of it for this purpose.

In addition, the user admits being informed that, taking into account the intrinsic characteristics of the Internet, there are risks of diversion and/or hacking, for which MagnetU may not be held responsible.


9. COOKIES AND AUTOMATED COLLECTION

The user of the Website is informed that at the time of the use of the Website, a cookie can be installed automatically on its navigation software. The cookie makes it possible to identify the user in order to avoid to him having to be identified with each connection.


10. UNACCEPTABLE CONDUCT

You agree to not use the Website to: upload, post, email, transmit or otherwise make available any content that is (a) unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a MagnetU official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; (e) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available; (F) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose; (h) make available 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; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law; (k) "stalk" or otherwise harass another; or (l) collect or store personal data about other users. MagnetU reserves the right to terminate your receipt, transmission or other distribution of any such material using the Website or product, and, if applicable, to delete any such material from its servers. MagnetU does not actively monitor the use of the Website and product under normal circumstances. Similarly MagnetU does not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Website and product use. However, MagnetU may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject MagnetU to liability or may violate this Agreement. MagnetU intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. By using the Website, you release MagnetU from any liability stemming from MagnetU's cooperation with local, state, and federal law enforcement officials.


11. CONTENT

You are solely responsible for any content, messages, double-blind emails, photos or Portraits ("the Content") that you publish or display on the Website, or transmit to other MagnetU users. You will not post on the Website, or transmit to other MagnetU users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to MagnetU, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify MagnetU of such change. By posting Content with MagnetU, you automatically grant, and you represent and warrant that you have the right to grant, to MagnetU, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, crop and distribute such information and Content on the Website, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by MagnetU will not infringe or violate the rights of any third party.


12. RESPONSIBILITY OF THE USER OF THE WEBSITE AND PRODUCT SERVICE

In the user’s capacity as content provider, which includes but is not limited to images, texts and other types of contents, the user recognizes being held accountable with respect to the legal and lawful provisions. Consequently, it is up to the user to make sure that the storage and the diffusion of these contents via the service constitute neither a violation of the rights of ownership intellectual of thirds (in particular Romance, news, words, photographs, drawings, etc), nor an attack to other third parties (in particular slandering, insults, threats, remarks racist, etc.) or with respect to privacy, nor an attack to law and order and good morality (in particular, apology for the crimes against humanity, incite racial hatred, childish pornography, soliciting, prostitution, etc).

Moreover, the user is informed that it incurs on a purely personal basis, the penal sanctions specific to the litigious contents (sorrows of imprisonment and amends), in addition to the possible judgment with the payment of damages. Taking into account the community nature of the service and by respect for the sensitivities of each one, it is up to the user to preserve an ethical behavior in this respect as for the images and/or texts put on line and, in particular, to abstain from diffusing content of a violent or pornographic nature or contrary with good moralities.

The user will be solely responsible for the use of his elements of identification by third parties or actions or statements which it makes. The user guarantees magetnU against any such liabilities.

If the user has reasons to think that a person uses certain elements of identification, published or not, or its profile/account, it will have to immediately inform MagnetU by the sending them a message to the following address: support@MagnetU.com
The user commits himself, regarding personal data which it accesses, to abstain from any diverted use and, generally, of any act likely to infringe on the private life and the reputation of other people.

13. RESTRICTIONS ON USE OF THE WEBSITE AND THE PRODUCT

You are prohibited from violating or attempting to violate any security features of the Website and product use, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server, or database, or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization, (3) interfering or attempting to interfere with product use to any user, host or network, including, without limitation, by means of submitting a virus to the Website or product, overloading, "flooding", "spamming", "mail bombing" or "crashing", (4) using the Website or product to send unsolicited email, including, without limitation, promotions or advertisements for products or services, (5) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website and the product, (6) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by MagnetU in providing the Website or product, (7) using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.). You further acknowledge that MagnetU may establish general practices and limits concerning excessive use of the Website. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that MagnetU has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website and product. You acknowledge that MagnetU reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. MagnetU may take any one or more of the following actions, or other actions not listed, at MagnetU's sole discretion in response to violations of MagnetU's policies: (i) issue warnings: written or verbal; (ii) suspend your account; (iii) terminate your account/profile; (iv) bill you for administrative costs; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.


14. WEBSITE MAINTENANCE AND MONITORING

MagnetU has no obligation to monitor the Website, but may do so and disclose information regarding use of the Website for any reason if MagnetU, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Website properly; or protect itself and its Users or Service Providers. MagnetU may, from time to time, need to interrupt the Website service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.


15. AVAILABIITY OF THE WEBSITE

The Website is, in principle, accessible 24/24hrs, 7/7days, unless interrupted, programmed or not, for the needs for their maintenance subjected to no obligation of availability, MagnetU can not be held responsible for any damage, whatever in nature, resulting from the unavailability of the Website or product service. In the same way, MagnetU can not be held responsible for errors or anomalies being reproduced on or affecting the Website.


16. COST OF THE PRODUCT SERVICE

The user who freely decides to make use of the Website and product service recognizes having been informed of the invoicing that its use can involve with respect to the telephone operator or the supplier of access from which it took out a subscription, whether it involves invoicing of the phone calls, SMS, MMS.


17. WITHOUT PRIOR NOTICE

MagnetU may terminate this Agreement, your account, your profile, or your use of the Website, for any reason, including, without limitation, if MagnetU, in its sole discretion, believes you have violated this Agreement, Terms of Use, or any other MagnetU policies.


18. WARRANTY DISCLAIMER

Because of situations beyond the control of MagnetU, MagnetU cannot guarantee that its Website and produce service will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered. MagnetU does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Website and product service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Website and product service. You also accept liability for any of your actions while using the Website and product service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE AND PRODUCT SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY PERSON YOU MAY MEET OR EXCHANGE INFORMATION WITH IS DONE AT YOUR OWN RISK AND THAT MAGNETU MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS WEBSITE AND PRODUCT ARE WHOM THEY PURPORT TO BE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN EXCHANGING DATA WITH STRANGERS AND MEETING STRANGERS AND YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH MEETING PEOPLE OVER THE INTERNET OR THROUGH YOUR CELL PHONE AND THROUGH INTERNET DATING GENERALLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND MAGNETU DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. MATERIAL POSTED THROUGH THE MAGNETU SERVICE WILL CONTAIN UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. MAGNETU HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND PRODUCT SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE PRODUCT SERVICE.

12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAGNETU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ASSOCIATED WITH MEETING PEOPLE THROUGH THE PRODUCT USE.


19. LINKS

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MagnetU has no control over such sites and resources, you acknowledge and agree that MagnetU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MagnetU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


20. INDEMNITY

You agree to indemnify, defend and hold harmless MagnetU, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Website and product service, your violation of the Terms of Acceptable Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MagnetU will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will inure to the benefit of MagnetU's successors, assigns and licensees.


21. OWNERSHIP OF THE WEBSITE AND PRODUCT SERVICE

MagnetU owns all right, title, and interest in and to the Website, product service and all portions thereof. MagnetU is a trademark. Nothing provided by the product service or contained on the Website should be understood as granting you a license to use any of the trademarks, service marks or logos owned by MagnetU or by any third party.


22. GENERAL TERMS

This Agreement shall be construed in accordance with and governed by the laws of Tel Aviv, Israel, without reference to its rules regarding conflicts of law. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Website and product service is controlled and operated by MagnetU. This Agreement, including the MagnetU Terms of Acceptable Use, the MagnetU privacy policy, and any and all other online policies promulgated by MagnetU, constitutes the entire agreement between MagnetU and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.


23. OTHER

MAGNETU MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ONLINE POLICY SUCH AS THE TERMS OF PRODUCT SERVICE); (B) REVISE ITS BILLING RATES AND OTHER FEES; AND (C) MODIFY THE SERVICE AT ANY TIME. MAGNETU WILL POST ANY SUCH REVISION OR MODIFICATION TO THE WEBSITE, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THIS AGREEMENT AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE WEBSITE AND PRODUCT SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR PRODUCT SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND PRODUCT SERVICE.