The Company reserves the right at any time to change any or all parts of these Terms, and modify the Website and/or any products or services offered on the Website, including by eliminating, modifying, limiting or discontinuing any features. Any modification the Company makes to any of the forgoing will be effective immediately upon notice, which may be provided by any means selected by the Company including, without limitation, posting the amended Terms through the Service or by sending an electronic mail to you. Your continued use of the Website after such notice will be deemed acceptance of such new Terms or changes to the Website. If you are acting on behalf of an organization and/or a company and/or any registered or unregistered entity (together, “Organization”), you represent that you are authorized to act on behalf of such Organization and that your acceptance of these Terms creates a legally enforceable obligation of the Organization. As used herein, reference to “you” and “your” refer to you and any Organization on behalf of which you are acting.
Certain components of the Website, including but not limited to, the purchase of Vuze products and/or the use of any other potential related services offered, or that may be offered in the future (collectively, including the Website; the “Services”) may have different or additional terms and conditions you may be required to agree to. In case of any inconsistency between the additional terms and conditions and the Terms and conditions of these Terms, the additional terms and conditions shall prevail.
The Website and any images, writings or content therein are for your non-commercial, personal use only and/or to learn about the Vuze products. The Company reserves the complete title and full intellectual property rights on all components of the Website.
- Rules of User Conduct
You agree to use the Website for lawful purposes only. You agree not to take any actions that might compromise the security of and/or cause or may cause any damage to the Website, or take any actions that may prevent others from accessing the Website.
You agree not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You agree not to add to, subtract from, or otherwise attempt to modify the Website.
- Registration, User Account, Password and Security
In order to access and/or use certain parts of the Website and/or make a purchase you may be asked to register, provide certain information and choose a user name and password (the “Registration“). As part of the Registration, you agree to (a) provide truthful, accurate, and current information about yourself and/or about entity or organization utilizing the Website as prompted by our registration form (including your email address) (the “Registration Data“), and (b) maintain and update your Registration Data so that it remains at all times accurate, current and complete.
You hereby agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section
- The Company’s Intellectual Property Rights
The Products, Service and any software used in connection with the Service contain proprietary information that is protected by copyrights and other applicable Intellectual Property national and international laws and regulations. The Company owns and retains all such Intellectual Property Rights.
You agree and confirm that title and all applicable rights to patents, copyrights, trademarks, trade secrets, moral rights and any other intellectual property right in any and all improvements, modifications and enhancements to the Service, whether or not such improvements, modifications and enhancements were made by you or according to your request, feedback, suggestion or recommendations, shall vest solely with the Company.
You agree not to copy, modify, adapt, reverse engineer, decompile, duplicate, distribute, translate or create derivative works based on the Service or the Company Software in whole or in part, or exploit for any commercial purposes, any portion of the Service; Except as provided herein, and as specifically allowed and encouraged by the functionalities of the Service, you may not “frame” or “mirror” any portion of the Service without the Company’s prior written authorization; You further agree not to remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service.
By accepting this Agreement you acknowledge and agree that any of the Company content contained or distributed on or through the Service by the Company or any third party, is protected by Intellectual Property Rights. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Service including, without limitation, fonts, icons, buttons and wallpapers. You may not use or distribute any content received through the Service without the Company’s authorization; however the features enabling sharing over social networks shall be deemed a permission to do so. You agree not to Transmit or otherwise publish, reproduce, copy, in whole or in part, any content available through the Service in violation of applicable copyright and other intellectual property laws.
Except as expressly authorized by these Terms, and as specifically allowed and encouraged by the functionalities of the Service, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Service without the written consent of the Company.
“Vuze”, the Company’s logo and other graphics, logos, and service names are common law trademarks, registered trademarks or trade dress of the Company. Such trademarks may not be used in connection with any product or service that is not the Company’s product in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. You may not use any “meta tags” or any other “hidden text” utilizing the forgoing trademarks, nor may you purchase keywords or targeted search engine advertising using any of the forgoing trademark terms.
Any software that may be available for download from the Website is the copyrighted work of the Company. Use of such software is governed by the terms of the end user license agreement that accompanies the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
You agree to buy the Company’s Products from an authorized distributor, retailer or reseller only.
- User Ideas and Feedback
The Company appreciates your interest in improving the Website; and may, from time to time, ask or allow you to provide information regarding your experience while using the Service, for the purpose of measuring and improving the quality of the Service and the experience of its users. Please note however, that any such ideas, recommendations, error and bug reports, comments, concepts, additional feature and other requests or suggestions (“Ideas“) that you submit will be owned by the Company, and you hereby irrevocably assign and transfer any Intellectual Property Rights in such Ideas to the Company, free of charge, upon their Transmission, and you agree that the same will automatically become the Company’s property and that it shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. By sending any Feedback or unsolicited submission you waive the right to make any claim against the Company or affiliates relating to such submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. If you intend to retain any Intellectual Property Rights in your Ideas please do not submit them to the Company without its prior written approval.
- Copyright Infringement Policy
If any person or entity (the “Complaining Party”) believes in good faith that material used or displayed on or through the Services (by the Company or by any of its affiliates or users) has been used in a way that constitutes an infringement of any of the Complaining Party’s Intellectual Property Rights (including any third party that the Complaining Party is entitled to represent) it is requested to send a notice to the IP Designated Agent (pursuant to the information provided below) requesting that the material be removed, or access to it blocked (“IP Notice“).
The IP Notice must be in writing and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed.
- Identification of the IP protected work and/or mark claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works);
- 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 allow the Company to locate the material on the Website (or in the case of links to sites that are claimed to have infringing material, identification of the link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate that reference or link);
- A duly notarized affidavit made under penalty of perjury stating that (a) the Complaining Party is authorized to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed; and (b) that the information in the IP Notice is accurate;
- A statement that the Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the Intellectual Property Right owner, its agent or by applicable law; and
- Information reasonably sufficient to permit the Company to contact the Complaining Party, including information such as your name, address, telephone number, email address, and other contact information.
It is expected that all users of any part of the Company’s Services will comply with applicable copyright laws. However, if the Company receives an IP Notice it will process notices of alleged infringement and respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
In the event that the Company removes or disables access to any material it believes to be infringing, the Company shall promptly notify the user whose User Content (to be defined herein) was removed or disabled regarding the action that has been taken. Such notification may be sent to the email address provided to the Company by the user and/or by posting a takedown notice at the URL where such User Content was located. The Company will not be liable for non-notification in the event that the user did not provide it with an updated email address.
If the user believes in good faith that a notice of copyright infringement has been wrongly filed against him, or that his User Content was wrongly removed or blocked, he may send the IP Designated Agent a counter-notice (a “Counter Notice”). The Counter Notice must be in writing and include the following information:
- A physical or electronic signature of the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Information reasonably sufficient to permit the Company to contact the user, including information such as the user’s name, address, and telephone number;
- A statement that the user consents to the jurisdiction of the courts located in the central district courts (machoz merkaz) in the State of Israel and that the user will accept service of process from the Complaining Party or an agent of such person.
Upon receipt of a Counter Notice the Company shall promptly provide the Complaining Party with a copy of the Counter Notice, and inform it that the Company will replace the removed material or cease disabling access to within such reasonable time-frame as the Company shall set forth in its notice, at the Company’s sole discretion.
Upon lapse of the time set forth in the notice, the Company will replace the removed material and cease disabling access to it unless the IP Designated Agent first receives notice from the Complaining Party that the Complaining Party has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Service.
The IP Designated Agent can be reached at:
- IP@humaneyes.com; or
- by telephone at: +972-2-6518999 Fax: ++972-2-6515188; or
- by sending a letter to HumanEyes Technologies Ltd., 1-4 High Tech Village Edmund Safra Campus HUJI Givat Ram, Jerusalem, Israel, to the attention of Mr. Anton Bar, IP Designated Agent.
It is hereby clarified that the Company does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that (a) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (b) are available to any person on reasonable and nondiscriminatory terms; and (c) do not impose substantial costs or substantial burdens on the Company’s systems or networks.
In the event that a user is found to be a repeat infringer of Intellectual Property Rights, the Company reserves the right, at its sole discretion, to immediately terminate his access to the Services..
If the Company receives an IP Notice or a Counter Notice that are not compliant with the above procedures, the Company shall handle them in whatever manner appears to be reasonable, at its sole discretion, given the circumstances presented.
The above detailed Copyright Infringement Policy is without prejudice to any other right provided to the Company under these Terms, including any right to remove content at its sole discretion.
- Status as a Beta Site
Without derogating from the provisions of Section 14 (Disclaimer of Warranties), you acknowledge and confirm that you are aware that THE SERVICE IS IN BETA TESTING PHASE, AND STILL UNDERGOING DEVELOPMENT AND DE-BUGGING AND IS A NON-STABLE NON-COMMERCIAL RELEASE.
You hereby irrevocably waive any claim for damages due to any defect or malfunction related to (a) Limited functionality of the Services, including without limitation: Service Deficiencies (as defined below), limited features, downtime, and other usability problems; (b) Fitness to any of your needs, operational requirements or particular use; (c) Documentation and tutorials provided by us.
You agree to serve as a “Beta Test Site” for the Services and to notify the Company of all problems and ideas for enhancements which come to your attention during the period of these Terms. In addition to the provisions provided herein, you further hereby assign to the Company all right, title and interest to such enhancements, including all Intellectual Property Rights thereto.
During the Beta Testing period you are requested to report to the Company any malfunctions, bugs, errors, or other operational problems in the Company’s Services (“Service Deficiency”). Each Service Deficiency report shall describe the operating environment, the commands executed that resulted in such Service Deficiency in sufficient detail to allow the Company to recreate the Service Deficiency itself, and any actions that were subsequently taken by you following the occurrence of such Service Deficiency.
- Links to Other Resources
The Company takes no responsibility for third party advertisements which are presented through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- Vuze Community Additional Terms
In the event that a Community platform is created on the Website for the purpose of uploading sharing, editing photos, etc. (the “Community“) then the following additional terms and conditions shall apply (the “Additional Terms“).
- Access to the Community may require Registration and the creation of an account as described above.
- Rules of Conduct
While the Company acknowledges and respects your personal freedom in creating and sharing your creative processes, opinions and information, you undertake to comply with all applicable laws and regulations in your use of the Community, and agree to use the Community with reasonable sensitivity and consideration for other users. Without derogating from the generality of the forgoing, the following is a non-exhaustive list of examples of activities that are prohibited according to the Company’s rules of conduct.
You agree not to: (a) Upload, post, embed, link, process, reproduce, distribute, send or otherwise transfer or make available (collectively “Transmit”) any content, photos, comments, corrections or any other editing or input, (“User Content”) that is, in any jurisdiction where so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or (as determined by the Company at its sole and absolute discretion) otherwise objectionable (including links to websites or other sources showing any of the forgoing); (b) Transmit any User Content that may infringe, or promote infringement of, or lead when used by other users in the normal fashion (without sufficiently posted warnings) to infringement of, any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing (“Intellectual Property Right”); (c) Transmit any material that contains software viruses, worms, Trojan horses, defects, date bombs, time bombs or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any open-source or protected materials which may place restrictions on, or grant third parties rights in or to, the System or any other user’s User Content; (d) Disrupt or interfere with the security of, or otherwise abuse, the Service, its system resources, accounts, servers, or networks connected to or accessible through the Service or affiliated or linked websites or access, hack or deface any portion of the Service, tamper with or use non-public areas of the Service; (e) Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another client; (f) Disrupt or interfere with any other user’s use or enjoyment of the Service or use the account or password of others; (g) Use any information obtained from the Service in order to harass, abuse, or harm another person; or (h) Express or imply that any statements you make are endorsed by the Company, without the Company’s prior written consent; (i) Sublicense, sell, lease, or rent the Service, whether or not for consideration; (j) Decompile, disassemble, or reverse engineer the Service; (k) Share your password and username and/or provide any other person access to the Service via your password and username.
You hereby acknowledge that you may only upload User Content that is in formats, and that complies with certain parameters that are, supported by the Service, as provided in the instructional materials regarding User Content creation and upload (and as may be amended from time-to-time). User Content in non-supported formats may not display or work properly, and therefore you are required to convert any User Content into a supported format and/or ensure that it complies with all required parameters, prior to uploading it. The Company reserves the right, at its sole discretion, to remove any User Content that is in a non-supported format.
The Service is not a photo backup solution, and does not guarantee preserving the User Content for any period of time.
- Right to Remove Content and Terminate Accounts
By accepting these Terms you acknowledge that the Company does not pre-screen User Content Transmitted by users, but that the Company and its designees shall have the right (but in any event not the obligation) at the Company’s sole discretion to (a) monitor and/or filter any User Content (including by means of blocking or replacing language that may be deemed harmful or offensive); (b) reject, refuse to post or remove any User Content, (c) alter or remove such User Content (whether or not according to the Copyright Infringement Policy detailed below) and/or (d) restrict, suspend, or terminate your access to all or any part of the Community at any time, for any or no reason, with or without prior notice, and without liability. You acknowledge that the Company may (but are not obligated to) review your User Content for adherence and compliance with these Terms.
By accepting these Terms you agree that you must evaluate and bear all risks associated with the use of any User Content and acknowledge that you are solely responsible for the creation and compilation of your User Content, and that neither the Company nor any other party involved with the Service assumes that responsibility. It is clarified that processing and displaying any User Content, does not indicate that the Company or any of its affiliates, contractors or providers approves of the User Content or that such User Content adheres with these Terms or that you are released from any liability or harm arising from the use of such User Content (even if the Company monitors or pre-screens such User Content). You hereby agree to waive any claims against the Company and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to content or products made available on the Service and for any removal of any content, including User Content, by the Company or by any of its affiliates and contractors.
By accepting these Terms you agree that you are solely responsible for actions undertaken or information Transmitted through your account. The Company takes no responsibility and assumes no liability for any User Content Transmitted by you or by any other user of your account.
The Company may terminate your access to and use of the Community immediately if you fail to comply with the above rules. In addition the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms, including without limitation, reporting you to law enforcement authorities.
Unfortunately, despite the prohibitions in these Terms, content provided by other users may contain inaccurate, inappropriate, offensive or materials that breach these Terms, and the Company assumes no responsibility or liability for such content. Further, as the Community is highly configurable and allows interaction with plugins designed by other Users without review by the Company, the Company assumes no responsibility to any viruses or other malicious code embedded in such third-party plugins. If you become aware of any misuse of the Community or other breach of these Terms by any person, please send an e-mail to email@example.com and include the nature of the misuse and the URL of the related page in your e-mail. Such notification shall in no way obligate the Company to remove such content.
- Intellectual Property Policy regarding your Content
The Company respects the Intellectual Property Rights of others. The Company asks you to do the same. The Company may terminate the accounts of users who appear to infringe the Intellectual Property Rights of others (the Company’s rights and those of its affiliates and contractors as well as rights of third parties).
BY MAKING EACH USER CONTENT TRANSMISSION YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE USER CONTENT WHICH YOU TRANSMIT (OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSES SET FORTH HEREIN); AND (II) THAT THE USER CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE USER CONTENT OR ANY PARTS OF THE USER CONTENT.
You will retain all ownership rights to your User Content, including specifically your photos. However, by Transmitting such User Content to the Community, you grant the Company certain rights with regard to such User Content.
It is clarified that certain parts of the User Content may be open for shared editing, and accordingly your User Content may be subject to editing and adaptation by the Company and by other users. You hereby grant an irrevocable, perpetual, worldwide, royalty-free, right and license to edit, adapt, modify and create derivative works of such User Content by the Company and by other users, without any need or requirement to credit you or inform you of such modification. Furthermore, the Company may edit, modify, copy, transfer and merge your User Content with other content where the Company deems, in its sole discretion, that such action will improve user usage (for example by eliminating duplicate statements).
The Company may enable users to rate User Content and may display the results of such rating. You hereby grant the Company and the other users an irrevocable, perpetual, worldwide, right and license to rate your User Content and to publish such rating without any need to inform you of such action. You hereby waive any claim relating to such rating, whether based on defamation or other form of dissatisfaction from the results of such rating.
Except for the foregoing licenses, the Company will not claim ownership of any copyright in your User Content. You continue to retain all ownership rights in such User Content, and you continue to retain all rights in and to your User Content including all responsibilities attached thereto (including the limitations and liabilities therefore and responsibility of subject to the limitations set forth herein).
The User Content will not be subject to any obligation, whether of confidentiality, attribution nor otherwise, on the Company’s part and it will not be liable for any use or disclosure of any User Content. Without derogating from the generality of the forgoing, the Company may preserve content, including any User Content, and may also, in its sole discretion, disclose any User Content, and the circumstances surrounding the Transmission or use thereof, in order to (a) access the Community; (b) protect the rights, property, or personal safety of the Company, its affiliates, contractors, employees partners, licensors, and users or the public; (c) comply with legal obligations, governmental requests or other legal process; (d) enforce these Terms; (e) respond to claims that any content violates the rights of third-parties, or (f) for any other reason or purpose. The Company retains the right to immediately remove any Content that a third party claims infringes its Intellectual Property Rights or privacy rights, until receiving instructions from a competent court or governmental authority permitting the post. The Company shall not be required to determine the validity and merits of such third part claim prior to removing the Content. You will have no claim against the Company for any such content removal.
Closure of your account, whether with the Company, or the social media account underlying your login to the account may trigger deletion of your User Content, although the Company does not undertake to delete any User Content in such event, whether for the continued development of other users, or for any other permitted use, and may retain it indefinitely subject to these Terms, until and unless you request that the Company removes such User Content through any procedure the Company may set forth to enable it to properly identify the User Data to be removed, and properly establish your right to have such User Data removed.
The Community is not a photo backup solution, and the Company does not guarantee the preservation of your User Content for any period of time.
- Term and Termination
These Terms shall remain effective until terminated, revised, restated or otherwise modified by the Company as set forth herein.
The Company may, at its sole discretion and at any time discontinue providing the Services, or any part or feature thereof, with or without notice.
- S. Government Restricted Rights
If you are an agency or instrumentality of the United States Government, any Company Software and documentation included in the Service are “commercial computer software” and “commercial computer software documentation”, and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such Company Software and documentation are governed by these Terms.
You hereby agree to indemnify, defend and hold the Company, or its affiliates, service providers, partners, licensors, and the Company’s their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of these Terms; (b) any use of your User Content or other content Transmitted by you or under your account; (c) any misuse of your account; (d) any breach of your representations and warranties set forth herein; or (d) your activities in connection with the Service.
- Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCTS, THE SERVICES, INCLUDING ALL COMPONENTS AND FEATURES, INFORMATION AND MATERIALS INCORPORATED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY AND RELIABILITY OF EITHER THE COMPANY CONTENT, USER CONTENT OR ANY MATERIAL AVAILABLE ON THE SERVICES, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS OR CALCULATIONS THAT MAY BE OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, LICENSORS, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you, to the limited extent prohibited or prevented by law. In such jurisdictions, the above implied warranties are excluded to the fullest extent permitted by law.
THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, LICENSORS, AND AGENTS DO NOT WARRANT THAT: (A) THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, OR THAT THE SERVICES OR ANY COMPANY SOFTWARE INCORPORATED INTO THE SERVICES OR ANY DOWNLOADABLE CONTENT, AND SPECIFICALLY ANY USER CODE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D), THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU AGREE THAT THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SERVICES OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR SERVICES INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER THE COMPANY OR ITS AFFILIATES AND SERVICE PROVIDERS, OR A USER’S OWN ERRORS AND/OR OMISSIONS ANR/OR DAMAGES ATTRIBUTED TO, MALICIOUS CODE, ALL IN IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES OR FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR YOUR USE OF THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, SERVICE PROVIDERS, OFFICERS AND EMPLOYEES, LICENSORS, OR AGENTS, WHETHER ORAL OR WRITTEN, AND WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SERVICES WILL BE MAINTAINED. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT OR COMMUNICATION.
- Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, NOR THE COMPANY’S OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SERVICES, SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you to the limited extent prohibited or prevented by law. In such jurisdictions, liability is limited to the fullest extent permitted by law.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE COMPANY AND/OR ITS RELATED PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT FOR THE FORGIONG AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
- Governing Law and Dispute Resolution
These Terms shall be construed in accordance with and governed for all purposes by the substantive laws of the State of Israel without regard to conflicts of law provisions. You agree that any claim or dispute you may have against the Company and its directors, officers, employees and consultants must be resolved by a court located in the central district courts (machoz merkaz) in the State of Israel, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise illegal or unenforceable under any applicable statute or rule of law, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect and Agreement shall in no way be affected or impaired.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
This is the entire agreement between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and the Company (including any information made available on the Website) with respect to such subject matter.
The Company may assign its rights and responsibilities hereunder without notice to you. These Terms are not assignable, transferable or sublicenseable by you except with the Company’s prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact firstname.lastname@example.org
BY CLICKING “I ACCEPT” , ACCESSING THE WEBSITE, OR OTHERWISE SIGNING UP FOR THE SERVICES, USING THE SERVICES, OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS A BINDING AND ENFORCEABLE OBLIGATION.