Terms & Conditions
The Llama application provides the opportunity to save the uploaded greeting for future viewing as well as many other benefits.
Upon visiting the Llama website, the visitor is provided with information relating to the operation of the LLAMAPLATFORM which includes instructions on how to configure and view a greeting, how to operate the Llama online application, a store locator which shows where Llama can be purchased and more. In the Frequently asked Questions section, the visitor can receive intricate answers to a range of questions which deal with the Llama experience in its entirety. Llama reserves the right to change the text on the Frequently asked Questions page on a frequent basis.
Regardless of the kind of account you utilize, these Terms and Conditions are the contract between you and M.Z.L GROUP LTD that is created when you use the LLAMAPLATFORM, and govern your use of the site. Please take the time to read this document carefully before you use the LLAMAPLATFORM.
Accepting the Terms of Service
Your access to and use of the Site and the Products and Services offered by M.Z.L GROUP LTD – along with its subsidiaries and affiliates – hereby referred to as “M.Z.L” “we,” or “us”) is subject to and governed by the terms and conditions set forth below.
By using, purchasing, accessing or posting on the Site or the Products and Services, you (“Customer” or “you”) agree to become bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the Site or the Products and Services.
Use of the Products and Service Eligibility
No individual under the age of thirteen (13) may use the Site or the Products and Services or provide any information to M.Z.L or otherwise through the Site. You are only permitted to use the Site and the Products and Services if you can form a binding contract with M.Z.L and are not legally prohibited from using the Site or the Products and Services.
Site and Product and Services Changes/Limitations
The Site and the Products and Services change frequently, and their form and functionality may change without prior notice to you. M.Z.L reserves the right to create limits on and related to use of the Site and/or the Products and Services in its sole discretion at any time with or without notice. M.Z.L may also impose limits on the Site or certain Products and Services, or aspects of those Products and Services, or restrict your access to parts or the entire Site without notice or liability. M.Z.L may change, suspend, or discontinue any or all of the Site or of the Products and Services or elements of the Site at any time in its sole discretion and without any liability to you. M.Z.L may also suspend or revoke your access to the Site and the Products and Services at any time in its sole discretion.
Limitations on Automated Use
You may not do any of the following while accessing or using the Site and the Products and Services: (i) access, tamper with, or use non-public areas of the Site, or the computer or delivery systems of M.Z.L and/or its service providers; (ii) probe, scan, or test any system or network, or otherwise attempt to breach or circumvent any security or authentication measures; (iii) access, search or attempt to access or search the Site by any means other than through the channels currently made available by M.Z.L; (iv) scrape the Site, and particularly scrape Content (as defined below) from the Site, without M.Z.L’s express prior written consent; (v) use the Site or the Products and Services to send altered, deceptive, or false source-identifying information; or (vi) interfere with, or disrupt or attempt to disrupt or interfere with the access of any Customer, host or network.
Registration and Security
M.Z.L offers many different kinds of accounts but in order to make full use of the Site and the Products and Services we offer, you will be required to create a personalized account (an “Account”) by inputting your full name and email address, and other information, including registering your mobile device, and by selecting a password. You must provide M.Z.L with accurate, complete, and updated account registration information, particularly your email address, as you will need this to access your Account. Failure to do so may result in suspension of your Account.
You are also responsible for maintaining the confidentiality and security of your Account password and any mobile device associated with your Account. You must notify M.Z.L immediately of any actual or suspected loss, theft, or unauthorized use of your Account, Account password or associated mobile device.
The same applies to the physical product which contains the Quick Response (QR) code that grants you access to private pages on the Site that are associated with your Account. It is your responsibility to safeguard this product and to notify M.Z.L immediately of any actual or suspected loss, theft, or unauthorized use of the product or the Site or the Products and Services and QR code assigned with your Account. Further, you may not copy, replicate, reproduce, or in any way duplicate the QR code associated with your Account in any form whatsoever. Any violation of this condition will result in immediate termination of your Account.
Rules of Conduct
As a condition to your continued use of the Site and the Products and Services, you agree that you will not use the Site or the Products and Services for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. In the access or use of the Site and the Products and Services, you shall comply with this Agreement and the special warnings or instructions for access or use posted on the Site.
You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content (defined below) and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of the Agreement, if you default negligently or willfully in any of the obligations set forth in the Agreement, you shall be liable for all the losses and damages that this may cause to M.Z.L, our affiliates, partners or licensors.
If we conclude you are violating any of these rules, we may contact you via email and request either an explanation or demand that the offending conduct cease, or we may simply shut down your Account. If we request and you fail to provide a suitable explanation or correct your behavior, all in the sole judgment of M.Z.L, your account may be suspended and/or your IP address may be blocked without further notice or warning. We also reserve the right to suspend accounts or remove Content without notice or warning for any or no reason, including, without limitation, to protect the Site, Product and Services, infrastructure, or Customers. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies do not create a duty or contractual obligation for us to act in any particular manner.
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Site or the Products and Services; (2) the term “Customer Content” is all Content that is posted or otherwise provided or transferred to the Site by a Customer (including, without limitation, by you). Content includes, without limitation, all Customer Content.
As between M.Z.L and Customer, Customers retains ownership of all Customer Content, and M.Z.L retains ownership of all intellectual property rights in all Content other than Customer Content.
All information and content available on the Site or the Products and Services and its “look and feel”, except Customer Content, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of M.Z.L, and is protected by Israeli and international laws, including laws governing copyrights and trademarks.
The reproduction and use of any Content, except Customer Content uploaded by you, is prohibited unless specific permission is provided on the Site or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the Israeli and foreign laws and international conventions.
The Site, the Products and Services, and the Content are provided “AS IS” and “AS AVAILABLE” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial or other purposes whatsoever without the prior written consent of M.Z.L and the owner of the relevant Content, except for your Customer Content in which you retain all rights.
M.Z.L reserves all rights not expressly granted in and to the Site, the Products and Services, and Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of any Content obtained through the Site or the Products and Services for any commercial purposes.
Customer Content License to M.Z.L:
When you transfer Customer Content to M.Z.L you give M.Z.L a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to host, store or cache such Customer Content. The rights you grant in this license are for the limited purpose of operating the Site, and the Products and Services in accordance with their functionality, improving the Site and/or the Products and Services, and allowing M.Z.L to develop new Products and Services.
You agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Customer Content you submit to the Site.
If you submit Customer Content to the Site, you represent and warrant that you own, control the rights to or otherwise have the right and license to upload the Customer Content. You further represent and warrant that such Customer Content does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Customer Content. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Customer Content or any damages arising from our use of any Customer Content including, without limitation, for reasonable attorney’s fees.
You shall be solely responsible for your Customer Content and the consequences of posting or publishing said Customer Content. In connection with your Customer Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize M.Z.L to use all patent, trademark, trade secret, copyright, right of privacy and publicity or other proprietary rights in and to any and all of your Customer Content to enable inclusion and use of your Customer Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in your Customer Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Customer Content in the manner contemplated by the Site and this Agreement.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant M.Z.L all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage M.Z.L or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
M.Z.L has no control over, and assumes no responsibility for, any Customer Content. We cannot and do not censor or edit Customer Content unless a complaint has been registered. We may, however, limit access to the Customer Content depending on the type of account.
Termination and Deletion:
On termination of your Account or upon your deletion of particular pieces of Customer Content from the Products and Services, M.Z.L shall make reasonable efforts to make such Customer Content inaccessible and cease use of it; however, you acknowledge and agree that: (i) caching of, copies of, or references to the Customer Content may not be immediately removed; (ii) such removed Customer Content may persist in backups for a reasonable period of time; and (iii) such removed Customer Content may be available (and stored on our servers) through the accounts of other Customers.
Links to and Content from Third Party Websites
For your convenience, the Site may contain links to the websites of third parties on which you may be able to obtain information, content and/or products or services, and/or download software. Except as otherwise noted, such third party websites, and such information, content, products, services, and software are provided by companies which are not affiliated with and are independent of M.Z.L. We do not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content, products, services or software.
M.Z.L has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we cannot censor or edit the content of any third party website. Therefore, M.Z.L makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers.
Warranty Disclaimer and Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER M.Z.L NOR ITS AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “M.Z.L PARTIES”) WARRANT THAT DELIVERY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS AND SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE M.Z.L PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE M.Z.L PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE AND THE PRODUCTS AND SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE PRODUCTS AND SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND THE PRODUCTS AND SERVICES.
IN ADDITION TO THE TERMS SET FORTH ABOVE THE M.Z.L PARTIES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE OR THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE M.Z.L PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, M.Z.L’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to defend, indemnify and hold harmless M.Z.L, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Site or the Products and Services; (ii) your violation of any term of the Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Products and Services.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by M.Z.L without restriction.
DMCA Copyright Policy
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
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
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.
After removing material pursuant to a valid DMCA notice, M.Z.L will immediately notify the Customer responsible for the allegedly infringing material that it has removed or disabled access to the material. M.Z.L reserve the right, in its sole discretion, to immediately terminate the account of any Customer who is the subject of repeated DMCA notifications.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. M.Z.L suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.
Any other feedback, comments, requests for technical support, and other communications should be directed to M.Z.L customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with any of the aforementioned requirements, your DMCA notice may not be valid.
You agree that this Agreement shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and M.Z.L that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and M.Z.L’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
M.z.l reserves the right to amend this Agreement at any time and without prior notice, and it is your responsibility to review this Agreement for any changes. Your use of the Site following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. This Agreement is effective until terminated by M.Z.L.
You agree that M.Z.L, at its sole discretion, may terminate your access to or use of the Site at any time and for any reason with or without prior notice. Upon any such termination, your right to use the Site will immediately cease. M.Z.L may immediately deactivate and/or delete any Account information and Customer Content provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files.
You agree that M.Z.L shall not be liable to you or any third party for any termination of your access to the Site or to any information or files or to any Customer Content, and shall not be required to make such information or files available to you after any such termination. M.Z.L reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with this Agreement. YOU AND M.Z.L AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.