Take2 Terms of Service

These Terms of Use govern the use of the Take2 website at https://take2.live, and any service, system, application, interface or digital platform operated within it or through it from time to time (together: the "Platform" or the "Site").

These Terms apply to every person who uses the Platform, including browsing, registration, posting content, selling, buying or performing any other action through it (the "User").

Please read carefully these Terms of Use and the Platform's Privacy Policy at https://take2.live/privacy, which forms an integral part of them. These Terms constitute a binding legal agreement between you and Take2.

Browsing, accessing or using the Platform, as well as using the services offered through it, constitute your confirmation and consent that any such use will be made in accordance with the terms and provisions set out in these Terms of Use. By using the Platform you declare that you are at least eighteen (18) years old, or that your use of the Platform is made with the approval and supervision of a parent or guardian, and that you have the legal capacity required to perform actions through the Platform.

If you do not agree to these Terms of Use, in whole or in part, you must refrain from using the Platform.

For convenience only, these Terms are drafted in the feminine form, but they are intended for and apply equally to all genders, and anything stated in the feminine shall be read as if written in the masculine as well, as the context requires.

Access to this Site and the purchase of services through it are subject to all of the terms set out below.

Take2 operates a technological platform that allows Users to post, offer for sale, sell, buy, market and exchange fashion items, clothing, footwear, jewelry, accessories and additional items as Take2 may determine from time to time.

In addition, Take2 may offer through the Platform various complementary services, including managed-sale services (VIP), item photography and pricing services, shipping and logistics services, styling and personal-consulting services, digital stores for sellers, payment and clearing services, item-authentication services, AI-based services and any other service the company sees fit to make available to Users.

Unless expressly stated otherwise with respect to a particular service, Take2 is not a party to any sale, exchange or other engagement carried out through the Platform, is not the seller or buyer of the items offered through it, and assumes no liability for the performance of a transaction or its outcomes.

The legal engagement relating to the sale, purchase or exchange of an item through the Platform is made directly between the Users that are party to the transaction only, and they bear sole responsibility for all aspects of the transaction, including the item's listing, description, condition, source, authenticity, price, delivery, receipt, payment of consideration and compliance with any other obligation relating to the transaction.

Take2 does not undertake that any item will be sold or bought, that any transaction will be completed, that any User will fulfil its obligations toward another User, or that a buyer, seller or exchanger will be found for any item.

The services, information, content, tools and functionality offered through the Site are provided As-Is and As-Available, without any representation, undertaking or warranty of any kind, express or implied, including as to their availability, continuity, reliability, accuracy, suitability for your needs or the results obtainable from them. Take2 may, at its sole discretion and at any time, add, remove, update, change, restrict, suspend or discontinue any part of the Site, the services or the functionality offered through it, temporarily or permanently, without prior notice. Without derogating from the foregoing, such changes may be made, among other things, for business, operational, technological, legal or regulatory reasons. The User waives any claim, demand or action in connection with such changes or with any restriction, suspension or discontinuation of any service on the Site.

The User is aware that operation of the Site and the services offered through it depends, among other things, on the internet, communication systems, computing infrastructure and third-party services, which by their nature may be exposed to faults, disruptions, loads, delays, interruptions, technical failures or downtime. Accordingly, Take2 does not undertake that the Site or the services will operate continuously, fully, accurately, securely or without faults, and it shall not be liable for any damage, loss, loss of data, loss of a transaction or expense caused as a result of any interruption, fault, delay, disruption or unavailability of the Site or any of the services offered through it.

Some of the services offered on the Site, including listing items for sale, purchasing items, managing transactions and receiving payments, require the creation of a User account and completion of a registration process. Registration may be carried out via an email address and password and/or via third-party identification services such as Google and Facebook, and any other service Take2 enables from time to time. As part of registration, the User must provide correct, complete, accurate and up-to-date information, and update it whenever it changes. Take2 may from time to time require additional details or documents in order to verify the User's identity, prevent fraud, comply with legal requirements or operate the services.

The User account is personal, non-transferable and may not be used by another person, and each User may hold only one account, unless otherwise approved in advance and in writing by Take2.

The User is solely responsible for maintaining the confidentiality of the means of access to her account, including the password, login details and any other authentication means used to access the account, and for all activity carried out through it.

The User must notify Take2 immediately of any suspicion of unauthorized use of her account, loss of access means, concern of a breach of account security, or any other security event relating to her account.

Without derogating from any law, Take2 shall not be liable for any damage, loss, loss of data, loss of funds or other harm caused as a result of unauthorized use of the User account, theft of access details, security breach, or the User's failure to keep her login details confidential.

Without derogating from any other right, remedy or power available to Take2 under these Terms or by law, Take2 may, at its reasonable discretion, suspend, restrict or block, temporarily or permanently, access to the User account or to any part of the services offered on the Site, including delaying transactions and/or payments, in any of the following cases:

• there is a risk to the security or privacy of your account;
• there is a threat to the security or integrity of our network or our servers;
• Take2 believes this is required to protect its rights, assets, reputation, other Users or the public;
• the User has breached a provision of these Terms or acted unlawfully;
• it is required by law or pursuant to a demand of a competent authority;
• there is a reasonable suspicion of unauthorized use of the account, impersonation, fraud, attempted fraud, money laundering, use of an unlawful payment means or any other irregular activity;
• there is a suspicion that an item posted through the account infringes law, third-party rights or these Terms;
• for any other reason which, at Take2's reasonable discretion, justifies the suspension.

Where possible in the circumstances, Take2 will act to notify the User of the account suspension and the reason for it. However, Take2 shall not be obliged to give such notice where doing so could frustrate an investigation, harm the Site's security, breach a legal provision or harm the rights of Take2 or a third party.

The User may request to close her account at any time using the dedicated tools on the Site or by contacting Take2. Closing the account shall not derogate from any undertaking, liability, right or obligation created before the date of closure, including in connection with transactions carried out through the Site.

The User undertakes to use the Site and the services offered through it in accordance with the law, in good faith and in accordance with these Terms, and to refrain from any unlawful, misleading or improper use. Without derogating from the foregoing, the User undertakes not to use the Site for impersonation, deceit, fraud, use of an unlawful payment means, circumventing the Site's payment mechanisms, or performing any other act that may harm Take2, other Users or third parties.

The User is responsible for any information, image, description, advertisement or other content she uploads, posts or transmits through the Site, and undertakes that any such information will be correct, complete, accurate and up-to-date. Posting an item on the Site constitutes the User's declaration that she has the lawful right to post the item and offer it for sale, and that the item is not stolen, counterfeit, pledged or subject to third-party rights in a manner that prevents its sale. Without derogating from the foregoing, the User undertakes not to post on the Site:

• an item she does not have the lawful right to sell;
• a counterfeit or stolen item, or one that infringes third-party rights;
• an item whose sale, possession or distribution is prohibited by law;
• false, misleading or incomplete information that may mislead other Users;
• unlawful, offensive, threatening, defamatory, racist, privacy-infringing content or content that breaches any legal provision;
• content that includes advertising, promotion or marketing of other products, services or platforms, unless approved in advance and in writing by Take2.

All information, images, item descriptions, price data, advertisements, designs, databases and content appearing on the Site are intended for use within the services offered on the Site only. The User may not copy, reproduce, distribute, publish, display, transfer to third parties, make commercial use of, or allow others to make such use of, the information or content appearing on the Site, in whole or in part, without Take2's prior written approval. Without derogating from the foregoing, the information or content appearing on the Site may not be used for display, integration, publication or accessibility on another website, application, system or service without Take2's prior written approval.

The User undertakes not to collect information from the Site systematically, including by means of software, robots, scraping mechanisms, automated means or any other manner, and not to create a database based, in whole or in part, on information found on the Site.

The User undertakes not to perform any act that may disrupt the operation of the Site, harm its security or proper operation, circumvent protection or authorization mechanisms, attempt to gain unauthorized access to the Site's systems or to other Users' accounts, reverse-engineer the Site, or interfere in any way with the code, systems or infrastructure used to operate it. Likewise, the User undertakes not to upload, transmit or distribute through the Site viruses, malicious code, harmful software or any other component that may harm the Site, Take2 or other Users.

Without derogating from any other right available to it by law or under these Terms, Take2 may take any action it sees fit where it believes that use of the Site does not comply with the law or these Terms, including removing listings, cancelling transactions, delaying payments, restricting use of the Site, suspending or blocking a User account, blocking access to the Site by technological means, monitoring usage patterns on the Site, and transferring information to competent authorities or to third parties who present, to Take2's satisfaction, a reasonable basis that they were harmed by such activity.

It is clarified that Take2's taking of action under this section shall not give the User any claim, demand or right to compensation against Take2, and Take2 shall not be liable for any damage, loss or expense caused to the User as a result of such action, all subject to the law.

Use of the Platform and/or some of the services offered through it may involve payment of fees, service charges, clearing fees, shipping fees or other payments, as published on the Platform from time to time.

The fee rates, the manner of their calculation, their payment dates and any other commercial term relating to use of the Platform or the services offered through it shall be as published on the Platform at the relevant time.

Take2 may update from time to time the fees, payments and commercial terms applicable to use of the Platform. Continued use of the Platform after publication of the update shall constitute consent to the updated terms.

Payments made through the Platform are processed via external payment and clearing service providers. Making a payment through the Platform is also subject to the terms of use, policies and procedures of those service providers, as they may be from time to time.

The User is solely responsible for compliance with all legal provisions applicable to her in connection with use of the Platform and carrying out transactions through it, including in relation to reporting, payment of taxes, levies, duties or other mandatory payments, to the extent applicable to her. Take2 is not responsible for examining the User's tax obligations and does not provide legal, accounting or tax advice. Take2 may require from the User documents, declarations or details needed to comply with legal requirements, instructions of a competent authority or requirements of payment and clearing service providers, and may delay a payment or the release of funds until they are provided.

Holding of Funds & Release of Consideration

Funds paid in a transaction through the Platform will be held via an escrow mechanism, through an external payment service provider, until the conditions for their release are met as set out below.

Subject to the provisions of this section, the consideration for a transaction will be released to the seller after the buyer has confirmed receipt of the item, or after seven (7) days from the date the item was delivered to the buyer, whichever is earlier. For this purpose, the "item delivery date" will be determined by the data and status updates ("Delivered") received from the relevant shipping provider, or by the buyer's report — whichever is earlier.

If the buyer believes that the item she received does not materially match its description as published on the Platform, she must report this through the Platform within forty-eight (48) hours of receiving the item, attaching reasonable documentation supporting her claim.

In the case of such a report, Take2 may temporarily delay the release of funds pending an initial review of the request. If Take2 finds, at its reasonable discretion, that there is a material discrepancy between the item and its description as published on the Platform, Take2 may order cancellation of the transaction and refund of the funds to the buyer, in whole or in part.

Without derogating from the foregoing, Take2 may delay the release of funds or take additional measures in the case of suspected fraud, misuse of the Platform, breach of these Terms or any other activity that may harm Take2 or the Platform's Users.

Where Take2 has found that a User acted in bad faith, provided misleading information, posted an item that does not materially match its description or breached the Terms of Use, Take2 may, in addition to any other remedy available to it by law or under these Terms, restrict the User's activity on the Platform, suspend her account, remove her listings or block her access to the Platform, temporarily or permanently.

It is clarified that the mere holding, delay, release or refund of funds in accordance with the provisions of this section shall not make Take2 a party to the transaction between the Users, and shall not impose on it liability for the item, its description, the conduct of either party or the performance of the transaction, beyond what is expressly stated in these Terms.

Unless expressly stated otherwise within a particular service offered through the Platform, responsibility for packing the item, preparing it for shipment, handing it over to the shipping provider and carrying out delivery to the buyer rests with the seller alone.

Take2 may offer Users shipping services, shipping labels, shipping partners, preferred rates or other logistics solutions. It is clarified that shipping services are supplied and carried out by external service providers only, and are subject to those providers' terms of service, policies and procedures, as they may be from time to time.

Take2 is not a shipping company, does not provide shipping services itself, and does not carry out collection, transport, sorting, storage or delivery of items. Accordingly, Take2 shall not be liable for the actual performance of the shipment, the collection or delivery dates, delays, faults, loss, damage, downtime, error or any other event related to the shipping services or the activity of the shipping providers.

Where the Platform displays information regarding shipment status, collection or delivery dates, parcel location or any other logistics information, such information is based, in whole or in part, on data received from external service providers. Take2 does not undertake the correctness, completeness or currency of such information.

The seller undertakes to pack the item reasonably and appropriately for the type of item, in a manner that enables its proper transport and delivery. Where packing or shipping instructions are published on the Platform, the seller must act in accordance with them.

In order to secure Users' rights and prevent disputes, every shipment of an item through the Platform shall be carried out via a shipping service that includes a Tracking Number and delivery confirmation. The Platform interfaces with a shipping provider and issues to the seller a shipping label and/or tracking number via a technological interface — this is a technological service only. Sole responsibility to ensure issuance of a valid, verifiable tracking number, to attach it to the shipment, to act in accordance with the Platform and/or shipping provider's instructions (including packing, delivery, labeling and documentation instructions), and to update shipping details as required, rests with the seller alone. A seller who ships an item without a valid, verifiable tracking number, or who does not act in accordance with such instructions, shall bear full responsibility for any delay, loss or claim of non-receipt of the item by the buyer.

Handling a Lost Shipment in Transit

Where a shipment was made via the Platform's built-in shipping solutions (a shipping label on behalf of Take2), and the shipping company has declared the parcel lost (or 21 business days have passed from the shipment date with no status update) — the transaction will be cancelled, the buyer will be entitled to a full refund, and the seller will be entitled to monetary compensation for the item in accordance with and subject to the terms of the relevant shipping company and its compensation ceiling.

Where the shipment was made independently by the seller (not via a Platform label), and the parcel did not reach its destination or disappeared in transit — it is the seller's responsibility to prove delivery of the item via an official delivery confirmation from the shipping company. Absent such proof of delivery within the time set by the Platform, the transaction will be cancelled and the buyer's funds will be refunded in full. The seller may act independently vis-à-vis the shipping company she chose to obtain compensation.

In the case of loss, damage or delay in shipment, Take2 may, but is not obliged to, assist Users in clarifying the matter with the relevant shipping provider. It is clarified that this does not impose any liability on Take2 for the shipment or its outcomes.

For the purpose of clarifying inquiries, disputes or complaints relating to shipping, Take2 may rely on information, statuses, confirmations and data provided to it by the relevant shipping provider, and these records shall constitute decisive evidence of delivery or non-delivery, unless reliable evidence contradicting such information is presented to it.

Where Users choose to carry out the shipment via a shipping provider that is not offered or supported through the Platform, full responsibility for the shipment, tracking it, filing claims with the shipping provider and handling any loss, damage or delay shall rest with the Users that are party to the transaction only.

As noted, transactions carried out through the Platform are made between the Users that are party to the transaction only. Accordingly, as a rule, a transaction cannot be cancelled after its completion except in accordance with these Terms, the Platform's policy as published from time to time, the agreement of the parties to the transaction, or the applicable law.

A buyer wishing to cancel a transaction on the ground that the item received does not materially match its description as published on the Platform shall act in accordance with the mechanism set out in the "Payments, Fees & Holding of Funds" section (Holding of Funds & Release of Consideration) above.

Where a transaction has been cancelled in accordance with these Terms (including due to a lost shipment as set out in the "Shipping" section above), Take2 may order the refund of funds to the buyer, in whole or in part, and delay or cancel their transfer to the seller.

Without derogating from the foregoing, Take2 may cancel a transaction or delay its completion in the case of suspected fraud, breach of these Terms, unauthorized use of the Platform, a material error in the transaction details, or any other circumstance which, at its reasonable discretion, justifies such intervention.

Where an item was shipped to the buyer and the transaction was cancelled in accordance with these Terms (other than due to loss of the parcel in transit), Take2 may condition the refund of funds on the return of the item to the seller, in accordance with the instructions provided to the parties in the circumstances.

It is clarified that, except where expressly stated otherwise in these Terms or in the Platform's policy, Take2 is not obliged to grant refunds, compensation or credits in connection with transactions carried out between Users through the Platform.

The Site may include information, images, item descriptions, prices, recommendations, marketing content, content originating from Users, content originating from third parties, information produced by technological or AI-based tools, and additional information and content of any kind (the "Published Information").

The Published Information on the Site is provided for the convenience of Users and for the purpose of operating the services offered on the Site. Unless expressly stated otherwise, the Published Information shall not be regarded as a recommendation, opinion, undertaking, valuation, confirmation of an item's authenticity, professional advice or any representation by Take2.

Some of the Published Information on the Site is provided or uploaded by Users and/or third parties. Take2 does not routinely check the correctness, completeness or accuracy of such information, and is not responsible for it.

Without derogating from the foregoing, Take2 does not undertake that the Published Information on the Site, including item descriptions, images, prices, sizes, item condition, availability or any other information, will be accurate, complete, up-to-date or free of errors, and shall not be liable for any damage, loss or expense caused as a result of reliance on such information.

The Site may include content, links, recommendations or services originating from third parties, including marketing, advertising or sponsored content. Unless expressly stated otherwise, their publication does not constitute a recommendation, endorsement, sponsorship or warranty by Take2 for the content, products or services offered by those third parties.

Without derogating from the foregoing, the Site and the services offered through it may use AI-based tools to create, process, rewrite, translate, classify, price, recommend, describe, catalog, display or analyze items, content or other information. Such information and content are generated automatically and on the basis of information fed into the system, and therefore may be partial, inaccurate, out of date or contain errors. The User is solely responsible for checking and verifying any such information before relying on or using it, and Take2 does not undertake its correctness, completeness, reliability or suitability for a particular purpose.

All intellectual property rights in the Site and all its components, including trademarks, trade names, domain names, copyrights, designs, trade secrets, databases, computer code, user interfaces, the Site's design, the Site's content, images, graphics, logos, texts, information, processes, applications, developments and any other material included in the Site (the "Site Content"), are owned by Take2 and/or by third parties who have granted Take2 a license to use them, and are protected under the law.

Nothing in these Terms or in the mere use of the Site grants the User any right in the intellectual property of Take2 or of third parties, except for a limited, personal, non-exclusive, revocable right to use the Site in accordance with its purpose and these Terms.

A User may not, by herself or through another, copy, reproduce, publish, distribute, display, broadcast, perform, sell, license, create derivative works of, reverse-engineer, modify or make any other use of the Site Content or any part of it, without Take2's prior written approval.

Without derogating from the foregoing, the User may not collect, extract or copy information from the Site, including by means of software, robots, scraping mechanisms or other automated means, for the purpose of creating a database, commercial analysis, developing a competing service or for any purpose other than ordinary use of the Site.

Likewise, the Site Content, in whole or in part, may not be used for training, developing, improving or operating AI systems or other automated systems without Take2's prior written approval.

No use may be made of the trademarks, logos, trade names and service marks appearing on the Site without the prior written consent of the relevant rights holder.

Where a person believes that any content appearing on the Site infringes their rights, including intellectual property rights, they may contact Take2 in writing and detail their claims. Take2 may, but is not obliged to, remove, restrict, block or take any other action with respect to such content, at its reasonable discretion.

The Site allows Users to upload, post, transmit or make accessible through it various content, including images, advertisements, item descriptions, profile details, messages, ratings, feedback and any other content ("User Content").

The User declares and undertakes that she holds full rights in the User Content she uploads to the Site, or that she has obtained all the permissions required for the use, publication and accessibility of such content through the Site. The User undertakes that the User Content she uploads does not infringe any law, agreement or right of any third party, including intellectual property, privacy, publicity or any other right.

The User bears full and sole responsibility for any User Content uploaded, transmitted or published by her through the Site, and for any consequence arising from it.

Submitting User Content for publication on the Site does not give the User a right to demand that the content be published, continue to be published, be displayed in a particular manner or be retained on the Site for any period.

Take2 is not obliged to monitor, check, filter, edit or oversee User Content. However, Take2 may, at its reasonable discretion and at any time, remove, edit, restrict, hide or block access to any User Content, in whole or in part, without prior notice, where it believes this is required to comply with the law, enforce these Terms, protect its rights or third-party rights, or for the proper operation of the Site.

It is clarified that User Content is not necessarily checked by Take2, does not reflect its position, and it is not responsible for its correctness, completeness, accuracy, legality or reliability. Sole responsibility for the User Content and any consequence arising from it rests with the User who uploaded it. The User is aware that other Users may rely on User Content published on the Site in making decisions regarding transactions, and therefore undertakes to publish only content that is correct, accurate, complete and not misleading.

By uploading, publishing or submitting User Content through the Site, the User grants Take2 a non-exclusive, worldwide, royalty-free license to use such content, store it, display it, copy it, process it, adapt it, publish it, distribute it and make it accessible, including via Take2's service providers, to the extent required to operate the Site, provide the services, promote, market, improve and develop them, including for the purpose of creating previews, format adaptation, file compression, image resizing and other technical adjustments required to operate the Site and services. Without derogating from the foregoing, the license also includes the right to use the User Content for the development, training, improvement, testing and operation of automated systems, algorithms, recommendation engines and AI-based tools used by Take2 in connection with the Platform and the services offered through it.

Without derogating from the foregoing, the User confirms that User Content published by her may be displayed to other Users on the Site, appear in search results, on category pages, in marketing campaigns, on social networks, in newsletters and in other Take2 advertising means, to the extent required to promote the Site, the services and the items published on it.

Ownership of the User Content shall remain with the User or the relevant rights holder, as applicable, and the grant of the license shall not transfer ownership of the content to Take2. Without derogating from the foregoing, where Take2 or anyone on its behalf uses automated, algorithmic or AI-based tools to create descriptions, titles, tags, classifications, recommendations, valuations, translations, processing, derivative outputs or any other content based, in whole or in part, on the User Content or on information relating to an item, it is clarified that such outputs shall be regarded as part of the Platform's services. Where intellectual property rights exist in such outputs under the law, those rights shall be owned by Take2 and/or anyone on its behalf. The User shall have no right to receive any consideration in connection with the creation, use or exploitation of such outputs by Take2 within the Platform and the services offered through it.

Where a User provides Take2 with comments, ideas, suggestions, recommendations or any feedback in connection with the Site or the services offered through it, Take2 may use them without restriction and without any obligation to pay or provide any consideration to the provider of the feedback.

Take2 is a technological platform that allows Users to post, offer, buy and sell items among themselves. Except where expressly stated otherwise, Take2 is not a party to any transaction carried out through the Site, does not act as seller, buyer, distributor, agent, trustee or representative of any of the Users, and is not responsible for any undertaking, representation, act or omission of any of them. Responsibility for performing the transaction, including the item's description, delivery, receipt, payment of consideration, fulfilment of the parties' obligations and resolution of disputes between them, rests with the Users that are party to the transaction only.

It is clarified that, as a rule, transactions carried out through the Platform are made between private Users among themselves, and not between Take2 and the Users. Accordingly, certain legal provisions applicable to transactions between a dealer and a consumer may not apply to such transactions, all in accordance with the applicable law and the circumstances of each case.

Take2 does not check, verify or undertake the correctness, completeness or accuracy of information, images, descriptions, representations or content published on the Site by Users or third parties. Without derogating from the foregoing, Take2 is not responsible for the quality, condition, originality, safety, suitability for a particular purpose, source, availability or legality of items offered on the Site, and grants no warranty, representation or undertaking with respect to them, except where expressly stated otherwise by Take2.

Take2 is not responsible for any representation, declaration, undertaking, description, information, image, publication, act or omission of any User on the Site, including in connection with an item offered for sale, the terms of the transaction, the manner of its performance, the User's identity or any other matter relating to a transaction between Users.

The Site and the services offered through it are provided for use AS IS and AS AVAILABLE. Take2 does not undertake that the Site will operate continuously, properly, securely or without faults, errors, disruptions or downtime, and does not undertake that the Site or the services will suit the needs or expectations of any User.

Without derogating from the foregoing, Take2 and/or anyone on its behalf shall not be liable for any damage, loss, loss of profit, loss of revenue, loss of funds, loss of business opportunity, harm to reputation, loss of data or any indirect, consequential, special or punitive damage, arising from or related, directly or indirectly, to use of the Site, the services offered through it or any transaction carried out through it.

Without derogating from the foregoing, Take2 shall not be liable for any dispute, claim, demand, damage, loss or expense arising from a transaction carried out through the Site, including in connection with non-delivery of an item, late delivery, loss of or damage to an item during shipment, a discrepancy between the item and its description, an item's originality, a defect in an item, cancellation of a transaction, non-payment of consideration or any other dispute between Site Users.

The Site uses, and may from time to time use, third-party services, including escrow, clearing, payment management, identification, verification, shipping, data storage, communications and additional services. Such services are subject to the terms of use, privacy policy and procedures of those third parties, as applicable. Take2 is not a financial institution and does not itself provide payment or fund-holding services, but rather through external service providers, and shall not be liable for their activity, availability, proper functioning or the results of using them, including any damage, loss, delay or expense arising from or related to them.

Use of the Site depends, among other things, on the availability, proper functioning and resilience of the internet, communication networks, computing systems and third-party services, which are not within Take2's control. Accordingly, Take2 shall not be liable for any damage, loss or expense arising from a fault, disruption, delay, downtime, technical failure or interruption of activity, for any reason.

Communication networks, computer systems and websites are by their nature exposed to information-security risks, including penetration attempts, hacking, impersonation, disruption or unauthorized access to information. Although Take2 takes reasonable security measures, it cannot guarantee absolute protection against such events, and use of the Site is made at the User's risk. Take2 shall not be liable for any damage caused as a result of such information-security events.

Indemnification

The User undertakes to indemnify and compensate Take2 and/or anyone on its behalf, immediately upon its first demand, for any damage, loss, liability, claim, demand, expense or cost (including legal expenses and attorneys' fees) caused to it as a result of: (a) breach of these Terms; (b) use of the Site contrary to law; (c) infringement of third-party rights; (d) User Content uploaded, published or transmitted by the User; or (e) any act or omission of the User in connection with use of the Site or the services.

Without derogating from the foregoing and subject to the law, Take2's aggregate and total liability toward any User, on any cause whatsoever, shall not exceed the higher of: (a) the amounts actually paid by that User to Take2 during the six (6) months preceding the cause of action; or (b) ILS 100.

The User shall not be entitled to settle, admit liability or assume any undertaking on behalf of Take2 or in connection with a matter subject to indemnification, without Take2's prior written consent.

It is agreed that any claim or demand against Take2 and/or anyone on its behalf shall be limited to a period of six (6) months from the date the cause of action arose, as an agreement on a limitation period under section 19 of the Limitation Law, 5718-1958.

We respect the privacy of our Users and are committed to protecting the personal information Users share with us. Our information-collection policy is described in our Privacy Policy at https://take2.live/privacy, which forms an integral part of these Terms. The User agrees and confirms that Take2 will use the User's personal information in accordance with the Privacy Policy.

It is clarified that use of the Site is also subject to the privacy-protection laws applicable in the State of Israel, including the Protection of Privacy Law, 5741-1981 and the regulations thereunder.

The User declares and undertakes that any detail, information or document provided by her to Take2 shall be correct, accurate, complete and up-to-date.

In any case of conflict or inconsistency between these Terms and any information, publication, representation or other instruction appearing on the Site, on Take2's social networks or by any other means, these Terms shall prevail.

These Terms apply to all use of the Platform and the services offered through it, from any device, operating system or means of communication, including computer, mobile phone, tablet or any other means of access, and in any manner in which the Platform is used.

Section headings in these Terms are for convenience only and shall not be used for interpretation.

Take2 may update or change these Terms from time to time, at its discretion, including in order to adapt them to changes in the Platform's activity, the services offered through it, legal requirements or other business, operational or technological circumstances. The updated version published on the Site shall be the binding version from the date of its publication, and continued use of the Platform after publication of the update shall constitute consent to the updated Terms.

Where a change to the Terms is required in order to comply with legal requirements or instructions of a competent authority, Take2 may apply it immediately, without prior notice.

These Terms and use of the Platform shall be governed by the laws of the State of Israel only. Exclusive jurisdiction over any matter relating to these Terms and/or use of the Platform shall be vested in the competent courts of the Tel Aviv-Jaffa district, and the parties hereby exclude the jurisdiction of any other court.

If a competent court determines that a provision of these Terms is unlawful, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of the Terms, which shall continue in full force.

Take2's failure to exercise any right available to it under these Terms or by law, or its delay in exercising it, shall not be regarded as a waiver of that right and shall not prevent it from exercising it at a later time.

To the extent permitted by law, the User agrees that any claim or legal proceeding arising from or in connection with use of the Platform shall be conducted on an individual basis only, and not as a class action, representative action or similar proceeding. Nothing in the foregoing derogates from any right that cannot be conditioned under the law.

Take2 may be contacted with any question, request or inquiry relating to the Platform or the services offered through it via the contact details published on the Site from time to time, or at [email protected].