TERMS OF USE
By using the services of PeneBerry , you expressly understand and agree that:

  1. This site provided by PeneBerry is on an 'as is' basis. PeneBerry does not give any warranty or other assurance of any kind, express or implied, as to the operation, quality or functionality of the site, information, content, or materials included on this site. PeneBerry will not be responsible for any damage or loss of any kind direct, indirect, incidental, punitive and consequential arising from the use of or inability to use the site or any material appearing on the site.
  2. content with us, as with a referring partner website.
  3. We use your private information to contact you in the normal course of maintaining a business relationship with you; including sending you correspondence (such as a newsletter or product information) that we believe may interest you.
  4. If you do not wish to receive correspondence from us, or you believe our business relationship has ended, please advise us so we may remove your private information from our records.
  5. When you browse any of our websites, we may store a cookie on your computer which identifies certain information that you or your computer has provided to our website. We do this to personalise your experience with us.
  6. When you browse any of our websites, we may record your computer's IP address which may identify when you repeatedly access content from our website. We do this to provide an enhanced browsing experience for you and to prepare anonymous, collective statistics about the behaviour of visitors on our websites.
  7. If you make a payment on PeneBerry.com you agree to our Payments Terms unless it is stated that other terms apply.
  8. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of PeneBerry.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time
  9. Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
  10. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
  11. By "PeneBerry ” we mean the features and services we make available, including through (A) our website at www.PeneBerry.com and any branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (B) our Platform; (C) social plugins such as the rezome button, the Share button and other similar offerings; and (D) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed.
  12. PeneBerry.com reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
  13. By "Platform" we mean enable others, including application developers and website operators, to retrieve data from PeneBerry.com or provide data to us.
  14. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with PeneBerry .com.
  15. By content we mean anything you or other users post, provide or share using PeneBerry.com Services.
  16. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from PeneBerry or provide to PeneBerry.com through Platform.
  17. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  18. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  19. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
  20. Your continued use of the PeneBerry.com Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies.
  21. You agree to receive various advertisements and messages from us by email on your mobile phone, by fax we want to interest you in different products.
  22. We will remove fictitious users or one or more of their details are incorrect, we will disable users who uploaded phonographic images to the card.
  23. The responsibility for uploading pictures of any type to the card is the sole responsibility of the cardholder, including legal liability for copyrights.
  24. "peneberry", Our company logo and other commercial identifiers We use in connection with the Application are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
  25. You agree to defend, indemnify and hold Us, Our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of thisAgreement; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application. This defense and indemnification obligation will survive this Agreement.
  26. If You feel that any of Your personal rights has been compromised by the Service, or the Application please contact Us at Email: peneberryltd@gmail.com and We will exert Our best efforts to address Your complaint
  27. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
  28. Any claim relating to the Application or its use thereof will be governed by and interpreted in accordance with the laws of State of Israel without reference to its conflict-of-laws principles.
  29. Any dispute arising out of or related to your use of the Application and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of Israel, You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
  30. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
  31. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  32. This Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and the Company.
  33. The Website and Application, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Haystack Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
  34. Any Contact Details, including, inter alia, the companies' logos and trademarks and the Online Card Owners' photos, shall remain vested with their applicable owners, and the use of the Website and Application as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display and make available to other Online Card Owners any of the Contact Details.
  35. THE USE OF THE WEBSITE AND APPLICATION IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE APPLICATION AND/OR INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE APPLICATION ON YOUR RESPECTIVE MOBILE DEVICE, THE USE OF THE WEBSITE AND APPLICATION, YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE WEBSITE AND APPLICATION, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.