GO-OUT. (“Nights”, “us”, “our”, or “we”), a company incorporated in the State of Israel, has developed and operates a platform on which you (“Users”) can search and purchase tickets to various events (“Platform”). These Terms of Service (“Terms”) govern the User’s use of the Platform and the services available thereon ("Services"). Our Privacy Policy https://www.go-out.co/TermsOfUse ("Privacy Policy") governs our collection, processing and transfer of any personal information. “You” or “User” means an individual using the Services on behalf of an Operator. If you do not agree to these Terms or the Privacy Notice, do not access or use the Services. We reserve the right, in our sole discretion, to revise, modify or update these Terms at any time (including in order to remove functionality), and you agree to be bound by any revisions or modifications that we make. Therefore, please review these Terms periodically. Your continued use of the Services after any change or modification of these Terms has been made will constitute your acceptance of the revised Terms. Services Your use of the Services is subject to the conditions of these Terms. You must be 18 years of age or older, or have the permission of your parent or guardian in order to use the Services. You may not use the Services if you are not allowed to do so by law or regulation. You may not provide access to or use the Services for the benefit of third parties or make commercial use of the Services or content that we provide. You also may not use any or all of the content we provide in order to create a database, whether in print or electronically. You may, however, use the Services in connection with your own activities. Currently, we make the Services available free-of-charge to you, but may start charging for them or any part of them at our discretion. The Services use Google Maps. By using the Services you agree to be bound by Google’s Terms of Use, which you can read at https://developers.google.com/maps/terms. Accounts You may register to use the Services by logging in through Facebook or Google account. We may change the method of registration at our discretion. By registering through Facebook you represent and warrant that the Facebook or Google account, as applicable, is yours and you have full rights to provide us with the information in this account. We may refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Services, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date. Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via email at [email protected] Termination of Account We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at [email protected] In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an email to [email protected]. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account. Information on the Services Please note that the Platform will present information obtained from and supplied by various sources including, but not limited to, by operators and organizers of the events. The information shall include details of various events including, but not limited to, the date, time, schedule, venue and participants of the events. Links. Our Platform may link to third party websites. We provide links for ease of reference only. IOptima has no control over the content or information posted on such third party websites and we do not assume any responsibility or liability therefore. Third party websites may have policies about the use of your information that are different than ours. You should refer to these third party websites’ respective privacy notices and terms of use. Intellectual Property Nights, its affiliates and its licensors own the Services, including any material, photos or content made available through the Services, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. You may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available through the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. No Warranties; Disclaimer Your use of the Services and the content provided therein is at your sole discretion and risk. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICES. INFORMATION REGARDING EVENTS, INCLUDING, BUT NOT LIMITED TO, THE DATE, TIME, SCHEDULE, VENUE AND PARTICIPANTS OF THE EVENTS OTHERWISE SHALL BE PROVIDED BY THIRD PARTIES, INCLUDING OPERATORS AND ORGANIZERS OF THE EVENTS. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT OR SUBMISSIONS WHICH ARE PROVIDED BY THIRD PARTIES. ANY ACTIONS YOU TAKE BASED ON THE INFORMATION PROVIDED WITH REGARDS TO EVENTS PROVIDED BY THE SERVICES ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICES TO ENSURE ITS ACCURACY. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or content at any time without prior notice (including after you have submitted an order). The Services and content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Nights. NIGHTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM, SUBMISSIONS, CONTENT, GOODS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NIGHTS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES. The events are organized by third parties and not employees or agents of Nights. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS, OF SUCH ENTITIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NIGHTS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. Although operators must agree to these Terms, it is possible that such operators may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Nights with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS OR OPERATORS , WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIGHTS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Payment. In consideration for the Services, Customers shall make payments of amounts in accordance with the prices applicable to the specific Services. Amounts due hereunder are inclusive of VAT. Cancellation of Purchase. You may cancel the purchase of the Services 7 days prior to the specific event for which you purchased the ticket, at the latest. All cancelations within 7 days prior to the applicable event does not grant you any refund and the full price would be charged. In the event that your cancellation is due to the following reasons: (a) the Services did not match the description of such (b) the Service was not provided on time subject to the terms of the purchase or (c) a breach by Nights of the Terms of Service, you shall receive full refund within 14 days of your cancellation. In the event the you wish to cancel the Services for any other reason, you shall receive a refund in the amount of the full purchase price minus (a) 100 NIS or (b) 5% of the purchase price, the lower of these, within 14 days of cancellation. You can notify us of your will to cancel the Services by contacting us by (i) telephone +0795805595, (ii) email [email protected] , (iii) registered mail to Israel, Tel-Aviv, HaHashmonaim 9, (iv) through our website www.go-out.co Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE PLATFORM SERVICES, SUBMISSIONS OR CONTENT. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or use of the Services. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH EVENTS SUGGESTED ON THE APP. Indemnification You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, account or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines. Miscellaneous These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Platform and/or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to its jurisdiction. Any cause of action against us must be brought within one year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us. Last updated: August 2020

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