General

1. This End User License Agreement is for the “COYOTEE READS” application (hereinafter: “the Application”) is intended to provide early literacy skills and joy of reading for children aged 2–5, in Hebrew only. The service is provided for parents of children aged 2–5 who register as users of the Application. 
2. The owner of the Application is COLE THE READING COYOTE LTD (an Israeli company) (hereinafter: “the Owner”), which developed and built the Application.
3. Downloading the Application is permitted only for individuals over 18 years of age. Use of the Application by minors is allowed only with the approval, responsibility, and supervision of their legal guardian.
4. For further information regarding children’s Privacy and COPPA Compliance please see our privacy policy of the Application, which constitutes an integral part of this EULA and the use of the Application is also subject to it.
5. Please read these Terms of Use carefully before using the Application, as using the Application, including viewing information published in the Application, constitutes your agreement to all these provisions. If you do not agree to these Terms of Use, you must refrain from any use, including continuing to read it.
6. These Terms of Use apply to the Application and/or any part of it, including its use and the content included in it, including designs, source code, software modules, content and/or products and/or any services of the Application and/or that the Application enables access to and/or download of, and they form an integral part of the Application, its use, and the services offered in and through it.
7. In these Terms of Use, the term “Application” also includes any service, product, source code, software module, software application, text, photograph, image, design, illustration, map, sound clips, video clips, graphics, expression, creation, knowledge, or other information, in whole or in part, existing and/or that will exist in the Application and/or used for its design and/or characterization and/or uploaded to it and/or included in it and/or addressed within it, in any communication medium and manner, whether by you or by any third party, as well as all intellectual property rights, including but not limited to copyrights (including moral rights), patents, designs, trademarks, etc.
8. As part of registering for the Application, you are required to confirm that you approve these Terms of Use and agree to all their provisions, including the voluntary provision and transfer of information related to the use of the Application as detailed in our privacy policy, without any obligation to do so. You will be required to choose a nickname from a designated list and to provide an email address and subsequently receive a verification email from the Application. After that, you can use the Application as a registered user. 
9. For the purpose of improving the Application and pedagogy, by using the Application you agree that data and information about your use of the Application, including usage habits, will be collected, as detailed in the Application’s Privacy Policy. However, such data will not be collected when using the Application offline.
10. The use of the Application by a minor without supervision and without the legal guardian assuming responsibility will be considered a violation of these Terms of Use, with all that implies, and the Owner will not be liable for any claim and/or damage that may arise as a result. 
11. The use of the Application and its content is provided “AS IS,” without any commitment or warranty of any kind, and the Owner will not bear any responsibility beyond what is stated in these Terms of Use and in any case will not be responsible for the suitability of the services to the user’s needs and/or purposes.
12. The use of the content displayed in the Application and the Application’s services by the minor for whom you are the legal guardian will be under your sole and full responsibility.
13. The Owner may use user contact information for direct communications (email or push notifications) regarding App updates or service information, including marketing of the Application. Users may opt out at any time by emailing info@coyotereads.com.
14. These Terms of Use are subject to change in accordance with Section ‎28 below.

Copyright

15. Application, in all its elements, including, without limitation, software, code, models, the information itself, the interface, the systems and their characterization, the graphic design, and any component and/or element related to the Application and its accessories, belong solely to the Owner, including through arrangements with third parties permitting the Owner’s use.

16. The Owner grants the user a personal right of use only, not for commercial and/or other purposes, for the user and minors for whom the user is the legal guardian, subject to the provisions of these Terms of Use and any applicable law.

17. The user undertakes to use the information and the Application’s services in accordance with all legal requirements and subject to the guidelines and instructions of the Application and these Terms of Use.

18. It is prohibited to cut, duplicate, photograph, copy, deliver or transfer to another party, or translate into another language, including computer language, distribute, process, delete, add, modify, sell, rent, lend, publicly display or publicly perform, including creating a derivative work, or in any other way, any of the Application components listed above, without obtaining prior written authorization from the Owner (to obtain such consent, you may contact in writing at: info@coyotereads.com).

19. You hereby undertake that you will not publicly publish the Application’s content and/or any part thereof, except under the conditions specified in the Application. In addition, you undertake that you will not publicly publish any product and/or output of the Application, whether printed or provided as a file on magnetic media or in any other form, and that you will not duplicate, photograph, copy, or print any such product and/or output from the databases or any part thereof for distribution or publication in any way. Furthermore, you undertake that you will not allow, directly or indirectly, for consideration or without consideration, the performance of one or more of the actions detailed above.

20. Without derogating from the above, it is clarified that “fair use” of the Application or any of its components is subject to the provisions of the law, including giving credit to the content creator and the Application, and without imposing any defect on the content or making any change or any other harmful action of any kind.

Limitation of Liability

21. The Owner will act to avoid any defect and/or malfunction and/or error in the Application, as well as to maintain the accuracy, quality, completeness, and integrity of the data in the Application, in the databases, in the software, and in the interface, but the Owner shall bear no responsibility in connection therewith.

22. The Owner does not undertake that the Application and/or its use will meet any need of the user. Use of the Application is at the user’s sole responsibility.

23. The Owner and the Application do not replace any body and/or entity within the education system, and the information contained in the Application is independent and intended to serve only as an addition. No responsibility is imposed or will be imposed on the Owner regarding the publication, distribution, quality, accuracy, and completeness of the material contained in the Application and/or its effects.

24. From time to time, the Application may request that you provide feedback or rate it in the app store. 

25. You are not obligated to respond to the feedback or provide a rating. If you choose to respond to the feedback, you declare that you are aware that the Owner is not responsible for any use you or any user on your behalf makes of the Application, and that you are solely and fully responsible for any such use.

26. The Owner, including its managers, employees, and anyone acting on its behalf, including but not limited to Ginger, shall not be liable for any damage, direct or indirect, caused to the user and/or any third party due to the use of the Application and/or the software and/or due to the cancellation and/or termination of the Application’s services, including its deletion and removal, including due to disruptions and/or malfunctions in the transfer of information, whether caused intentionally by any third party or due to any malfunction.

Termination of Use

27. The Owner may, at its sole discretion, terminate the activity of any user in the Application if the user does not comply with these Terms of Use and/or violates any legal provision, including by blocking the user’s IP address, and without derogating from any other right available to the Owner under such circumstances, including, if necessary, disclosure and exposure of the user’s identity, subject to law.

Jurisdiction

28. Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this EULA and any dispute related to the use of the Application, the Application’s content, and anything arising from and/or connected thereto shall be adjudicated exclusively in the courts of Israel, in the Tel Aviv District, under Israeli law only.

29. If and to the extent that a competent court determines that any provision of these Terms of Use is illegal and/or invalid, such determination shall not invalidate the remaining provisions of these Terms of Use and/or the parts of that provision that were annulled and/or limited by the judicial authority.

30. The Owner reserves the right to amend the Terms of Use and the Privacy Policy from time to time without any obligation to provide notice other than publishing the updated version in the Application, and from the time of publication, the new Terms of Use, including the Privacy Policy as updated, shall apply to the user.

Miscellaneous

31. The Application operates over the Internet (and other communication networks as technology evolves from time to time) and depends on various factors such as infrastructure providers, communication providers, server functionality, hosting, and similar elements, which may malfunction, fail to operate, cease functioning, or be damaged due to different causes. The Owner makes no representation or commitment regarding the proper functioning of the Application and/or its uninterrupted operation and/or immunity from unlawful access, damages, malfunctions, hardware or software failures, or communication line failures at the Owner or its representatives, including its suppliers, and the Owner shall not be liable for any damage, direct or indirect, distress, or similar harm caused to you or your property as a result.

32. As is known, communication networks and Internet applications are exposed to attacks and hacking attempts by various parties. The Owner implements several security measures to protect the privacy of the information you enter into the Application; however, please note that absolute security cannot be guaranteed, and security breaches and data intrusions may occur. The Owner does not undertake that the services and information in the Application and its servers (or third-party servers hosting them) will be completely immune from unauthorized access to the stored information. By browsing the Application and entering details, you release the Owner from any liability for damage caused to you and/or anyone on your behalf due to such attacks, hacking attempts, and data intrusions, and you waive any claim against the Owner and/or its representatives in connection therewith.

33. The user declares that they agree, in accordance with Amendment 40 to the Communications Law, to receive direct mailing messages sent to them from the Application and by email and acknowledge that they may, at any time, contact the email address listed in the Application to request removal from the mailing list and cessation of direct mail messages.

1. The user declares that they are aware that the content in the Application does not constitute professional and/or legal advice and/or any form of general advice.