Terms of use

Terms of Use

Welcome to the Captiv8 website, owed by [Captiv8 Media LTD] (“Captiv8”, “We”, “Us”). These Terms of Use and the Privacy Policy available at Privacy Policy (collectively, the “Terms”), set forth the terms and conditions under whichWe make available the Website and any services which may be available therein or otherwise provided by Us (collectively, and including the Content, as defined below, herein referred to as the “Website”).


For the purpose of these Terms, the term “use” means any entrance, access or attempt to access the Website or otherwise any action you may do or attempt to do in connection therewith.

  1. Licenses
    To access the Website, we grant you a non-exclusive, non-transferable license, revocable at any time at our sole discretion, to access and view the Website strictly in accordance with the Terms. Using the Website does not grant you any intellectual property rights in or to any information or Content on the Website.

As part of the Website, We may provide You with content developed by us or our licensors (“Content”). The license given to you is also for the use of Content and only for the purpose it is intended, unless otherwise defined in the applicable Terms.

You are bound by any restrictions applicable to specific Content you obtain through the Website. Any license acquired to third-party Content (“Third Party Content Provider“) is a binding agreement between you and the Third-Party Content Provider. You have only the rights to the Content which are expressly granted here.

No logo, graphic, sound, video or image from the Website may be copied or retransmitted unless expressly authorized by Us in writing. The materials on the Website are proprietary and any unauthorized use of any materials on the Website may violate copyright, trademark, and other laws.

  • Using the Service

By using the Website, You agree not to, or attempt to:

  • modify, copy, republish or distribute, in any matter, the Content, including text, graphics, code and software..
  • to use the Website for any illegal, immoral or unauthorized purpose, to encourage criminal behavior, non-ethic manner, or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit;
  • to deliver any information that may breach the rights of others, or applicablr law. You may not impersonates another person and that threatens the unity, integrity, defense, security of any country.
  • to modify the Website, decompile, disassemble, or otherwise attempt, directly or indirectly, or reduce the Website to a human-perceivable form or disrupt the Website, servers or networks connected to the Website, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website in any manner;
  • use any other technologies or initiate other activities that may harm the Website, or the interest or property of the Website users.
  • monitor the Website’s availability, performance or functionality, or for any other benchmarking or use the Website, or any part thereof, for competitive purposes;
  • to use any automated systems or means to access, acquire, copy or monitor any part of the Website.
  • to use the Website in a way that infringes or violates these Terms and/or any applicable law and/or infringes or violates the rights of any user or other third party.
  • to scrape, crawl, mine or use any other form of automated system or software to extract data from the Website;
  • change, adapt, translate, and/or create derivative works based upon the Website;
  • remove or obscure any intellectual property (i.e. copyright and trademark) notices relating to the Website;
  • create a database by systematically downloading and storing all and/or any Content from the Website;
  • monitor the Website’s availability, performance or functionality, or for any other benchmarking or use the Website, or any part thereof, for competitive purposes;
  • to gain a competitive advantage against Us;

To report any abuse of the above terms please contact: [email protected].

We may, but have no obligation to:

  • Monitor or moderate any Content;
  • Remove any Content from the Website; and
  • Restrict access to any part of the Website at any time in its sole discretion.
  • Content
    Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. We shall not be responsible for any claims or offense caused or suffered by you accessing such Content. By accessing Content, You agree to:
  • Use the Content in person and for non-commercial purposes;
  • Use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
  • Not make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise us promptly of any such unauthorized use;
  • Not remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
  • Not use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;

The Content is owned and/or controlled by Us and/or our respective licensors and is protected by intellectual property laws. You acknowledge that the Third Party Content Provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed, and for any claims you may have relating to that Content or your use of that Content. However, We reserve the right to enforce the Third Party Content license terms against you as a third party beneficiary of those terms. The Third Party Content Providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. We may be acting as an agent for third party Content provider in providing the Content to you. We are not a party to the transaction between you and the Third Party Content Provider for such Content.

  • Third Party Content and Rights

The Website may make available to You Content, services, products, advertisements, offers, and other Content of third parties (“Third Parties” and “Third Party Content“). Third Party Content may also contain links to Third Parties’ websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any Third Party website. By using the Website, You expressly consent to receive Third Party Content. We do not monitor Third Party Content and its availability through the Website does not constitute any endorsement or recommendation on our behalf.

The rights to such Third Party Content are protected by applicable laws, including proprietary and intellectual property rights and are reserved by the parties who provide the Third Party Content, or their licensors, who may enforce their rights against You directly. Third Party Content may be subject to further terms of use, agreements, policies, or other conditions. Please read and consent to such Third Party Content terms prior to making use of any Third Party Content.

We are not responsible for any Third Party Content and/or actions of or information regarding any Third Party and make no representation or warranty of any kind, either express or implied, regarding the Third Party Content and/or actions of any Third Party, including with respect to non-infringement of rights, accuracy, usefulness, safety of use or legal compliance. You will have no claim, complaint, or demand against Us or against our related parties (if any) in connection with any Third Party and/or Third Party Content.

  • Trademarks

Publications, products, Content or services referenced on the Website are the exclusive trademarks or servicemarks of the Website. Other products and company names mentioned on the Website may be the trademarks of their respective owners.

  • Notices
    We may provide notices and marketing materials to You through certain instruments such as a pop-up window or other forms of communication which will be viewable to You through the Website. Any notices to Us or question regarding these Terms may be sent to: [email protected]. Your continued use of the Website constitutes your receipt of all notices.
  • No Warranties

You agree that your use of the Website shall be at your sole risk. The Website, its operation and the information available thereon are provided on an “As Is” basis. We make no warranty of any kind, ‎express ‎or implied, including, without limitation, any implied warranty regarding ‎the ‎accuracy, merchantability, up-to-date, non-infringement, ‎‎reliability, operability, error free, or fitness for a particular purpose, and/or ‎‎availability of the Website. We further make no warranty of any kind, express or ‎‎implied, regarding success of the Website functionality. We do ‎not provide you ‎with any representations, warranties about the Website, the use of the Website and/or the results you may receive there through and/or in respect to any source from which we received information presented to you through the Website.‎

You further assume full, exclusive and sole responsibility for the use of and reliance on the Website and on any responses or information provided to You through the Website and acknowledge that any use of or reliance on the Website is made entirely at Your own risk. It is Your responsibility to make sure that Your use of the Website is legal in Your jurisdiction. We make no representation regarding its legality in Your country or jurisdiction.

You understand that all information, products and services offered through the Website generally are offered by third parties, that are not affiliated with Us. You also understand that We cannot and do not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

  • Limitation of Liability

Our entire liability and your exclusive remedy with respect to any dispute with us or any of our related parties is to discontinue your use of the Website. We and our related parties (if any) and their respective shareholders, directors, officers, employees, or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage (even if such damage could have been reasonably foreseen) arising from your use of the Website and/or in connection to any Content or any other information or data provided to you through the Website. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum amount permitted by law.

  • Indemnification

You agree to defend, indemnify, and hold harmless Captiv8, its officers, directors, employees, agents, licensors, suppliers and any Third Party Content Providers to the Website from and against direct or in direct, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), at Captiv8 first demand, arising from (1) Your use of the Website; (2) any violation of any term of the Terms (including negligent or wrongful conduct); (3) Your violation of any third party right, including without limitation to any copyright or other intellectual property or privacy right included in the Website.

  1. DMCA

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by providing us with the following information in writing to our CR Representative: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Notifications of claimed infringement should be sent to: [email protected] (the “CR Representative“).

For clarity, only notices compliant with the aforesaid term should be sent; any other feedback, comments, requests for technical support, and other communications should be directed to the company’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid and reviewed.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the CR Representative:

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content.

If a counter-notice is received by the CR Representative, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

  1. Miscellaneous

Entire Agreement. These Terms embody the entire agreement between You and Us and supersede any and all prior understandings and agreements, oral or written, relating to it.

Assignment. We may assign these Terms and any right or obligation in respect to the Website, in whole or in part, to anyone else.

Severability. If any term of these Terms is held unenforceable, for any reason, legal or other, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect.

Waiver. Our failure to enforce any term and/or right granted in these Terms will not constitute a waiver of such or any other term.

Amendments and Modifications. We, at any time and from time to time, may modify these Terms in whole or in part, without being obligated to provide You with a notice to that effect. Modifications to these Terms will be posted and noticeable on the Website’s homepage.


No Class Action. You expressly waive any right to resolve any dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.

Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder, except that We may seek an injunctive relief in any court competent jurisdiction. These Terms shall be interpreted exclusively in accordance with the laws of Israel, without regard to any choice of law principle thereof.