1. NOTICE. THIS IS A LEGAL CONTRACT BETWEEN YOU AND MY HOLLYWOOD LTD. (“MH”) THAT GOVERNS YOUR USE OF MH’S ONLINE SERVICES AVAILABLE AT WWW.POPTOK.COM (THE “WEB SITE”). READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO ALLOW YOU TO USE THE MH SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT (THE “AGREEMENT”). YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY CLICKING THE ICON DISPLAYED BELOW LABELED "I ACCEPT". IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE ICON LABELED "I DISAGREE", IN WHICH CASE THE INSTALLATION PROCESS WILL TERMINATE AND YOU WILL HAVE NO RIGHT OR ABILITY TO USE THE MH SOFTWARE.

BETA TERMS.

YOU ACKNOWLEDGE THAT THIS SERVICE IS IN A Beta-TESTING STAGE, AND AS SUCH YOU WILL NOT PRODUCE OR DISTRIBUTE ANY MEDIA THAT COULD INDICATE THAT THE SERVICES CURRENT STATE IS INDICITAVE OF THE FINAL SERVICE'S QUALITY.


2. MH Technology. MH provides you with the MH software (the “ Software”), which enables You access to tools (the “ Services”) allowing to attach certain visual content (“ Materials”) to messages You will send via certain messaging software.

3.Ownership and License. This is a license agreement and not an agreement for sale of the Software. We continue to own all rights, title and interest, including but not limited to copyright, patent, trade secret, and any other intellectual property rights in the Software, including any related documentation, and all copies thereof. The rights to use the Software are to the initial user (herein: “You” or “Your”), for Your personal noncommercial use in accordance with the terms of this Agreement. We retain all rights not expressly granted to You in this Agreement.

4. Permitted Uses. We hereby grant You a limited, non-exclusive, non-transferable, non-sublicenseable license to install and use the Software on Your computer.

5. Prohibited Uses. You may not, without written permission from us:

• Use, copy, modify, merge or transfer copies of the Software except as expressly authorized in this Agreement;
• Use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose;
• Disassemble, decompile or "unlock," reverse translate, reverse engineer or in any manner decode the Software for any reason;
• Sublicense, lease, sell, rent, lend, or otherwise transfer the Software or Services or access to the Services or any portion thereof;
• Remove or alter any marks or designations indicating the ownership of copyrights, trademarks or other intellectual property rights of any party contained in the Software;
• Use the Service to display or transmit, any content:
  • for which you do not have all necessary permissions from the copyright holder or holders;
  • which is obscene, indecent or pornographic;
  • which is intended to exploit minors in any way;
  • which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or
  • which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or otherwise objectionable.
  • that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems;
• Transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials;
• Use any portion of the Services or Software, to collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
• Intentionally or unintentionally violate any applicable law or violate the rights of any third party (including, without limitation, rights of privacy or proprietary rights);
• Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Services;
• Use any portion of the Services, Software or any web site that displays or performs content from the Services, as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”) or in connection with spam;
• Damage, disable, overburden, or impair the service (or the network(s) connected to the Services) or interfere with anyone’s use and enjoyment of the Services;
• Attempt to make a local non-cache copy, or help a third party attempt to make a local non-cache copy, of any content or Material made available or accessible through the service; or.
• Impersonate another person.

6. NO WARRANTY. WE ARE NOT LIABLE IN ANY MANNER FOR THE CONTENT VIEWED USING THE SOFTWARE OR SERVICES. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, AND YOUR USE OF THE SOFTWARE IS SOLELY AT YOUR OWN RISK. MH, ITS AGENTS. EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE “ MH ENTITIES”) DO NOT WARRANT THAT THESE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, MH ENTITIES EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES AS TO QUALITY, PERFORMANCE, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED. THE MH ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES AND THE SOFTWARE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY MH ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICES OR USING THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME. IF YOUR USE OF THE SERVICES, SOFTWARE OR MATERIALS, FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OF CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Without limiting the foregoing in any manner, You acknowledge that the Software includes a client interfacing with messenger services in Your computer or system, that might influence or effect the operation of such services.
NO MH DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION, OR ADDITION TO THIS EXCLUSION OF WARRANTIES OR TO ANY OTHER RESTRICTION DETAILED IN THIS AGREEMENT. MH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY LINK IN THE WEB SITE, AND MH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL OR USE THEREOF), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY APPLY TO YOU ONLY TO THE EXTENT PERMITTED. IN ANY CASE, THE TOTAL AMOUNT OF OUR LIABILITY TO YOU, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHER CAUSE OF ACTION, EVEN IF WE WERE ADVISED OF SUCH LIABILITY, SHALL NOT EXCEED $10.

8. Change in Service and Terms. MH may at any time lose the right to make certain Materials or content available to you. In such event, you will no longer be able to access these Materials or content via the Web Site. In addition, in the event that MH or any of its licensors changes any part of the Service or discontinues the Service (or any part thereof), which MH or its licensors may do at their sole discretion, you may no longer be able to use content to the same extent as prior to such change or discontinuation and MH shall have no liability to you in such case. You agree that accounts may be removed or modified at any time by the MH staff at their discretion. Examples of activities that MH would deem worthy of such action are, but not explicitly limited to: any action that is \believed by MH to be harmful to the growth of the Web Site or harmful/inflammatory to it's users or to MH. Availability of any Materials or content is subject to change at any time. Notwithstanding any other provision of this Agreement, MH and its licensors reserve the right to change, suspend, remove, limit or disable access to any products, content, or other materials comprising a part of the Services or the Web Site at any time without notice. Such changes may include removal of features, or the requirement of fees for previously-free features. In no event will such parties be liable for the removal of or disabling of access to any such products, content or materials under this Agreement. MH and its licensors may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability. MH may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service. MH may from time to time modify the terms under this Agreement, including the pricing arrangements, and will post a copy of the amended Agreement at the Web Site. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to cease using the Services. You will be deemed to have accepted the Agreement as amended if you continue to use the Services, or any part of it, after any amendments go into effect. All prices for the Services are subject to change by MH at any time.
MH reserves the right to include advertising in the content served through the Services. You will not intentionally omit or obscure such advertising when displaying such content to end users.

9. Public content. MH takes no responsibility and assumes no liability for any content, materials and the like that You or any other user make available over the Web Site. You further understand and agree that MH, directly or through a third party partner, may use any form of software or other technology to block or otherwise disable your ability to submit, upload, transmit, or otherwise make available any file or data, including, without limitation, any file or data that MH or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.

10. Intellectual Property. The Software, games, and all trademarks, service marks, trade names, slogans, logos, and other indicia of origin (collectively, "Marks") that appear on or in connection with the Services are copyrighted, trademarked or are other proprietary subject matter and are the property of MH and/or its affiliates, licensors and/or licensees, as applicable, are protected by intellectual property laws, and your use of them is governed by such laws, this Agreement and any applicable end-user license agreements. You may not copy, display or use any of the Marks without prior written permission of the Mark owner.
You understand that all content, including, without limitation all data, links, search results and all information, text, software, music, photos, images, sound, graphics or other materials made available or accessible through the Web Site or the Services, whether publicly available or privately transmitted, is the sole property of the owner thereof. Notwithstanding anything to the contrary, all rights and ownership in the content and Materials is held, and kept, with the owners thereof and no use may be made of such Materials.
Nothing in this Agreement constitutes a waiver of our rights under Israeli or other copyright law.


You agree that the content rights holders that license their content to MH for use in the Services or other content rights holders are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Software.

THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.

11. Explicit Content. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that MH shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. MH shall have no liability or responsibility to you for any content or Materials, that may be available in connection with the Services that you might find objectionable.

12. Confidentiality. The Software and any related documentation is confidential and proprietary to MH. You agree not to disclose the Software or any information relating to the Software (including without limitation, the results of use or testing) to any third party without MH's prior written permission. Unauthorized use or disclosure of such information would cause irreparable harm and significant injury to MH that would be difficult to ascertain; accordingly You agree that MH shall have the right to obtain injunctive or other equitable relief to enforce the obligations under this Agreement without limiting any other rights or remedies.

13. Export Control. You acknowledge that the Software and related technology are subject to Israel export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export, or import as may be required. Your obligations under this paragraph will survive the expiration or termination of this Agreement.

14. Termination. This Agreement is effective until terminated by MH, as provided below. MH may terminate this Agreement and the license provided herein at any time, with or without cause, by notifying You that MH desires to terminate the license. A notification added to the Web Site (at the home page), located at WWW.POPTOK.COM, would be deemed as a sufficient notice of termination by MH for the purposes of the abovementioned. Without derogating from the abovementioned, this Agreement and Your right to use the Software shall automatically terminate, without notice to You, if You fail to comply with any provision of this Agreement. Upon termination, You must stop all use of the Software and must destroy any copies that remain in Your possession. Otherwise, the restrictions on Your rights to use the Software will end upon expiration of the copyright to the Software.

Paragraphs 3, 6, 7, 12, 13, 14, 15, 16 and 18 shall survive any termination or expiration of this Agreement.

15. Indemnity. You agree to defend, indemnify, and hold MH Entities harmless from and against any and all claims, demands, actions, proceedings, suits, losses, liabilities, damages, fines, penalties, costs and expenses, including any attorneys' fees and other dispute resolutions expenses, which MH may incur, due to or arising out of content you submit, post to, transmit or communicate through the Software, your use or misuse of the Software, Your breach of any provision of this Agreement or Your violation of any rights of another.

16. Trademarks. You agree to maintain the copyright and trademarks notices on the materials within or otherwise related to the Software and not alter, erase, deface or overprint any such notice. All third party trademarks and registered trademarks within or otherwise related to the Software are the sole property of their respective owners.

17. New Versions. From time to time, MH may notify via the MH’s Web Site or otherwise that a new version of the Software is available from MH. In addition, the Software may, from time to time, automatically download and install a patch, bug fix, or update from the Web Site in order to enhance the performance of the Software. Your use of any new version of the Software that You choose to download from MH will be governed by the terms of its associated license. Your use of any new version of the Software that is automatically installed shall be governed by this Agreement. By accepting this agreement you hereby agree and acknowledge to the download and installation described herein.

18. Miscellaneous Provisions. This Agreement is governed and interpreted in accordance with the laws of the State of Israel, without giving effect to its conflict of laws provisions. Those who access this Web Site from locations outside Israel are responsible for compliance with applicable local laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is expressly disclaimed. The courts located in Jerusalem shall have sole jurisdiction over any disputes arising hereunder and the parties hereby irrevocably submit to the personal jurisdiction of such courts. The place of making and the place of performance of this Agreement for all purposes shall be Jerusalem, Israel, regardless of the actual place of execution or performance. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this Agreement nor any of Your rights or obligations hereunder may be assigned by You in whole or in part without the prior written approval of MH. MH may assign this Agreement and any rights deriving thereof to any third party, as long as such assignment does not infringe Your rights herein. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. This Agreement is the entire and exclusive agreement between MH and You with respect to the Software and supersedes all prior or contemporaneous agreements (whether written or oral) and other communications between MH and You with respect to the Software. No change or modification of this Agreement will be valid unless it is in writing and is signed by the authorized officers of MH. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, agency or employment relationship between us.

19. Notices. This contract is in electronic form. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

• by e-mail at the e-mail address you specified when you signed up for your Services;
• by posting to a the Web Site that will be designated in an e-mail notice sent to you at the time the information is available; or
• by posting to the Web Site

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Services, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Services.


ISRAELI AND OTHER COPYRIGHT LAW AND INTERNATIONAL TREATIES PROTECT THE SOFTWARE AND THE MATERIALS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

For further information or for any questions about this Agreement, please send us e-mail to admin@poptok.com.

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