GOSUB AGREEMENT – Terms and Conditions

This GOSUB Agreement is a legal agreement between you (an individual seeking to gain hands-on experience in a professional ecosystem and acquire audiovisual localization skills) and Oona. Net Ltd. and Ooona Tools Ltd. (collectively “Ooona”) regarding the terms and conditions regarding your use of Ooona’s proprietary GOSUB cloud-based platform specifically designed for subtitling and captioning training.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS GOSUB AGREEMENT BY PURCHASING THE RIGHT TO TAKE ANY ONE OF THE GOSUB COURSES OFFERED ON THE GOSUB PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE THE RIGHT TO PARTICIPATE IN A COURSE.

  1. The platform tuition courses are conducted in an on-line format. Once you have made payment for the applicable course via the GOSUB site, you, will be provided with a link that will enable you to log-on to the course, access course materials and gain experience with using the various Ooona Tools offered in the framework of the course.
  2. In general, once payment is made for a course, the payment is not refundable. Do not pay if you do not wish to take the course. Once you first log-in to the course, no refunding of payment will be provided.
  3. Payment for the course gives you the limited right to use the various Ooona tools covered by the course for education purposes and not for any commercial purpose. The Ooona tools will be available for the duration of the course, but in any event no longer than ____ months. The use of Ooona Tools is subject to the terms of this Agreement and to any applicable EULA posted on the Ooona Shop for the purchase of such Ooona Tool.
  4. You may not copy, record, or download the course. Your sole right is to log-on to the course in accordance with the course procedures.
  5. RESERVATION OF RIGHTS AND OWNERSHIP. Ooona reserves all rights in and to its tuition courses, the course materials and the Ooona Tools themselves. The courses are protected by copyright and other intellectual property laws and treaties. Ooona, or its affiliates, or its suppliers own the title, copyright, and other intellectual property rights in the courses. Payment gives you the limited right to take the course, but the course itself is not sold, nor are the Ooona Tools.
  6. CONSENT TO USE OF DATA. Ooona shall not make any use of information that identifies you personally without your prior permission. You agree that Ooona and its affiliates or suppliers may collect and use technical information gathered as part of the course services provided to you. Ooona may use this information solely to improve our education services, or to provide and offer services to you. We will not disclose this technical information in a form that personally identifies you to others without your prior permission.
  7. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. You have paid to take a tuition course. If for any reason Ooona is unable to administer the course and despite your service request fails to rectify this within thirty (30) days of your payment, your exclusive remedy for this shall be a full refund. Except for such refund, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if you are unable to take the course, even if your inability to take the course is due to any act, or omission, of Ooona.
  8. YOUR EXCLUSIVE REMEDY. Ooona’s entire liability and your exclusive remedy for any breach of this tuition Agreement by Ooona, shall be the return of the amount paid (if any) for the right to take the course. You will receive such remedy without charge, except that you are responsible for any expenses you may incur.
  9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OOONA, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PROVISION OF, OR FAILURE TO PROVIDE, THE APPLICABLE TUITION COURSE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OOONA OR ANY SUPPLIER, AND EVEN IF OOONA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF OOONA, ITS AFFILIATES AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS CERTIFICATION AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE RETURN OF THE AMOUNT PAID (IF ANY) FOR THE RIGHT TO TAKE THE COURSE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  11. APPLICABLE LAW. Subject to any cognitive provision of applicable law that is not subject to election, this AGREEMENT is governed by the laws of the State of Israel without reference to its conflicts of law provisions.
  12. ENTIRE AGREEMENT; SEVERABILITY. This AGREEMENT is the entire agreement between you and Ooona relating to the subject matter hereof and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this AGREEMENT.
  13. EXCLUSION OF ALL OTHER TERMS – To the maximum extent permitted by applicable law, Ooona disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the tuition course and/or any information contained on the Ooona Site. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by applicable law, whichever is greater.
  14. Should you have any questions concerning this AGREEMENT, or if you desire to contact Ooona for any reason, please contact Ooona on the World Wide Web at http://www.Ooona.net.