WOOLIK Whappens Top1000 - Terms of Use
Last Revised: apr 15, 2013

Babylon LTD (“Company” or “we”) welcomes you to its plattform woolik (the “Site”). The Site contains a technological platform (the “Platform”) which uses proprietary algorithms and methods to provide to the users (“User” or “you”) with certain services, including tools that enable you to design a unique and personal webpage (the “Personal Webpage”) and tools suggesting you relevant websites (“Whappens Top1000”) (Collectively, the “Service”).

The Service, or parts thereof, may be available to you also through the use of certain proprietary software known as “add-ons” or “extensions” (the “Software”). By using the Service, you will able to utilize certain works, graphics, photos, links, software (including widgets), syndication materials (including RSS feeds), User Generated Material (as defined in section 7, below) and other materials available through the Service and constitute a part of the Service (the “Content”).
1. Acceptance of the Terms
By entering the Site, accessing any Personal Webpage, using the Service, linking to the Site and/or downloading or installing the Software, you acknowledge that you have read and understood the following terms of use including the terms of the applicable privacy policy relating to each service (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding the use of the Service. If you do not agree to the Terms, do not access the Site or use the Service. The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: [http://woolik.com/terms.html].

By entering the Site, accessing any Personal Webpage, using the Service, linking to the Site and/or downloading or installing the Software, you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and any person using, entering, or linking to the Site and/or Software.
2. The Services
2.1. Personal Webpage. This service consists of the following features: (i) easy to use tools which allow you to build your Personal Webpage; and (ii) menus from which you may choose graphics, widgets and links to be placed on your Personal Webpage.

· The privacy policy governing the Personal Webpage service is available at the following address: [http://www.woolik.com/privacy_personalwebpage.html]. In order to use the Personal Webpage service you must read and accept such privacy policy.


2.2. Whappens Top1000. This service consists of the following features: (i) determining and suggesting you popular websites on the Internet according to your geographic region; and (ii) displaying your latest website visiting history. This Service may be accessed and utilized though the use of the Software.

· The privacy policy governing Whappens Top1000 is available at the following address: [http://www.whappens.com/privacy.html]. In order to use Whappens Top1000 you must read and accept such terms of condition.

2.3. Disclaimer. The Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

3. Links
3.1. The Service contains links to third party's websites (“Third Party Sites”), whether such links have been suggested by the Company, shared by any User or added by you. You hereby acknowledge that the Company has no control over such Third Party Sites, and you further acknowledge and agree that the company is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials on or available from Third Party Sites. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites.

3.2. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always a good idea to read such documents carefully.

3.3. If you encounter any unlawful Third Party Site you may wish to report such site using the following address: info@woolik.com. You acknowledge that the Company shall examine your report within a reasonable timeframe, but it shall not be obliged to remove the links to any Third Party Sites.

4. Use Restrictions
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Service and may expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

(i) copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Site, the Personal Webpage, the Service and/or the Software in any way;

(ii) create a browser, frame, border environment or GUI around the Site, any Personal Webpage, the Service and/or the Software;

(iii) interfere with or disrupt the operation of the Site, any Personal Webpage the Service and/or the Software, or the servers or networks that host the Site and the Service or make the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;

(iv) interfere with or violate Users' rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Site and/or retrieve index and/or data-mine information;

(v) impersonate any person or entity or provide false Personal Information;

(vi) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false information about the Service;

(vii) transmit or otherwise make available through or in connection with the Service any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(viii) transmit, display or otherwise make available through or in connection with the Service any Content which may infringe third party rights, including Intellectual Property rights, or which may contain any indecent, obscene, pornographic, violent or any other immoral or unlawful Content.

(ix) use the Service for any illegal, unlawful or unauthorized purposes;

(x) use the Site, the Service or the Software for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without the prior written consent of the Company.

5. Privacy Policy
The Company respects your privacy and is committed to protect the information you share with it. The Company believes that you have a right to know its practices regarding the information it collects when you access its Site and/or use any of the Services listed above. The Company's policy and practices and the type of information collected are described in the Privacy Policies governing each of the Company's services:
· The policy which governs your use of and/or access to the Site and any of the can be found at [http://www.woolik.com/privacy.html]
· The policy which governs the Personal Webpage service can be found at [http://www.woolik.com/privacy_personalwebpage.html].
· The policy which governs the Whappens Top1000 can be found at [http://www.whappens.com/privacy.html].

In order to use or access the Site and/or any of the Services and/or the Software you must first read and agree to the applicable Privacy Policy.
6. Intellectual Property Rights
The Platform, the Software and the Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property”), are fully owned or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Notwithstanding the above, certain Content made available or displayed through the Service, including without limitation, graphics, photos, sounds, music, videos, interactive features, software (including “widgets”), scripts, interface, trademarks, service marks and logos may be owned by third parties (e.g. content contained in posts from external sites such as RSS feeds).

Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property or the Content.
7. User Generated Content
The Service may allow you to upload copyrighted materials such as pictures you photographed, stories you wish to share, messages and other materials (the “User Generated Material”). As long as your User Generated Material is subject to the applicable copyright law, such User Generated Material shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Material and the consequences of posting or publishing such material. You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use your User Generated Material for the purposes of the provision of the Service by the Company, and otherwise to use your User Generated Materials in the manner contemplated by these Terms. You agree that you will not post or upload any User Generated Material which contain content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with the provision of the Services. Company explicitly reserves the right to remove the User Generated Material without prior notice, at its sole discretion.

When you upload or post a User Generated Material to the Site and/or any Personal Webpage, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, prepare derivative works of, display, make available to the public and perform that User Generated Material in connection with the provision of the Service, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.

8. Trademarks
"WOOLIK",(Company's logo), "make your web" and other commercial identifiers used by The Company in connection with the Site and Service are all trademarks and/or trade names of the Company, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks and/or trade names.
9. Commercial Advertisements
The Company may integrate commercials and advertisements, within or beside the Site any Personal Webpage and/or the Service. All the information contained in such commercials and advertisements belongs solely to the advertisers and The Company makes no warranties or representations as to such advertisements, whether or not The Company has control over such advertisements.
10. Disclaimer and Warranties
THE SERVICE AND THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS AT ITS ALPHA STAGE AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE, ANY PERSONAL WEBPAGE, THE SOFTWARE, THE SERVICE, AND ANY CONTENT AVAILABLE VIA THE SERVICE, AT ANY TIME OR TO DISCONTINUE DISPLAYING ANY PERSONAL WEBPAGE AND ANY CONTENT WITHOUT A NOTICE TO YOU. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICE OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH IT FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SERVICE OR THE SOFTWARE.

11. Limitation of Liability
THE USE OF THE SERVICE AND THE SOFTWARE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICE AND/OR THE SOFTWARE, OR THE USE OR INABILITY TO USE THE SERVICE, ANY PERSONAL WEBPAGE OR THE SOFTWARE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.

12. Indemnification
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service or the Software. This defense and indemnification obligation will survive these Terms.
13. Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to The Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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 sufficient to permit The Company to locate the material; (iv) 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 (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the following address: [info@woolik.com]
14. General
14.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
14.2. Any claim relating to the Site and the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
14.3. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
14.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
14.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
14.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.


For information or questions contact:
Babylon LTD
Email: info@whappens.com