Last updated: April 26, 2015
Please note: The Website and/or Application is intended exclusively for users over eighteen (18) years old. If You are not over eighteen (18) – You may not use the Website, Application and services.
The Terms are worded in the masculine form for convenience only, and pertain, naturally, to women as well.
2) The Website, the Application and the Services
The Website is intended to serve the general public, but some of the services and content on the Website, and services provided through the Application – for instance, without derogating from the generality of the aforesaid, the e-commerce platform – are for subscribers only. Members of the Diamond Exchange (“the Exchange”) and the Diamond Manufacturers Association (“the Association”) who hold valid licenses for dealing with diamonds from the Diamond Administration (the supervision) of the Ministry of Economy (“License Holders”), jewelers, members of the Gemstone Exchange, as well as diamond and jewelry dealers from abroad, may register as Website subscribers and benefit from the exclusive services. The subscription type is dependent on the classification of the registrant for service in accordance with the classifications determined by the Company from time to time.
The Application may be available to particular operation systems only (for example, Ios). The User may download and use the Application only in a device that has installed the original operation system on which the Application was designed to operate. To open or use the Application or any part thereof, the User must obtain all the necessary software, means and equipment, at his own exclusive expense and liability.
Please note: Subscription is contingent on the completion of the registration process as specified in this Agreement. The Company is entitled to refrain from approving a potential user’s subscription to the services provided by the Company, for any reason, at its own exclusive discretion.
Moreover, You agree and affirm that You may be charged by third parties for internet use, connecting to the web, and using a data package.
The Website and/or Application offer/s various content such as contact details, video clips, texts, files, logos, icons, pictures, data, links, other special content, technical data, documentation, information, materials, specifications, designs, the look and feel of the Website and/or Application, algorithms, source code, machine code, interfaces, graphics, illustrations, drawings, animations, and other content displayed on or by way of the Website and/or Application (hereinafter: “the Content”).
(hereinafter jointly – “the Services”)
Please note: the Israeli Diamond Institute operates a Website and/or Application whose goal/s is/are to supply industry members with information about the diamond industry as well as other useful information, and to enable users to exchange information, including on the e-commerce platform. The e-commerce platform is designed to enable users to publish diamond and gemstone supply and demand. No transactions are made on the e-commerce platform, and the Company bears no liability for the Users’ content, including the content of the advertisements posted on the e-commerce platform. The User agrees and affirms that his use of the Website, Application and/or Services, including the e-commerce platform, is at his own exclusive liability.
The User agrees and confirms that although the Company intends to offer him various Services on the Website and/or Application, the Company cannot absolutely and unequivocally ensure that these Services will be provided in whole or in part to the User and/or will meet his expectations.
The Company encourages You to regard the information published online cautiously and critically. This includes the information published by third parties (including content providers), Users, and others in the various sections and Services on the Website and Application, including the e-commerce platform. Please regard this information with care and caution. The information is not published by the Company, and the Company is therefore not responsible for its credibility, reliability, accuracy or completeness. Bear in mind that this information is no replacement for consultation with suitable professionals, where such consultation is necessary. Information from content providers which is published on the Website or Application is provided only as a Service to the public.
The Website, Application and Services are provided as is. The User agrees and affirms that he uses the Website, Application and/or Services is at his own risk, and that the Company bears no liability with regard to the potential results of use of the Services, including the e-commerce platform, or with regard to the functioning of the Website, Application and/or Services. The Company shall not be liable for damage of any kind, including, but not limited to, any damage resulting from Your use of the Website, Application and/or Services.
The User is aware and agrees that he bears exclusive liability for any decision or action he makes or takes as a result of and/or in connection with use of any sort of the Website, Application and/or Services (including in connection with any interaction between the Users in the context of the Website and/or Application, including interaction between Users and various service providers), actions that pertain to making payment, diamond trade etc.)
The User agrees and affirms that the Services may include promotional content from time to time, advertised by Users or third parties including subscribers, of subscribers’ inventory of diamonds and gemstones. Liability for this content is borne solely by the advertiser, and the Company shall not bear any liability or culpability in this regard. Moreover, the User agrees and affirms that the Company has neither the duty nor the ability to verify the data presented in this content.
4) Registration and accounts
Upon registration, You will be asked to provide personal information such as: name, Diamond Exchange or Association membership number, address, means of contacting You, and the full details of Your authorized agents. You are asked to ensure that the details are correct, accurate and complete, and to confirm the veracity thereof, and You hereby agree not to incorrectly present Your identity or any other detail in connection with the creation of the subscription.
Erroneous details may preclude You from registering as a subscriber, and thwart the Company’s ability to contact You, so take care to provide accurate, correct and current details when registering. In the event of any change in Your details, You may update them on Your personal detail page by calling our phone center at 054-3452913 or by emailing Us at: email@example.com. You alone shall bear the exclusive liability for any ramifications of Your providing erroneous or misleading information. You can recover Your username and password as well by phone or email as specified above.
To enter the Website and/or Application as a subscriber, You will need to use Your personal username and password with which the Company representative provided You, or which You selected by following the instructions of the Portal Operator as these shall be from time to time. The Portal Operator may determine, from time to time, additional or other means of identification.
Under no circumstances may You transfer Your username or password to any third party. Keep Your usernames and passwords confidential to avoid misuse thereof. Make sure to change Your passwords as frequently as possible, and at any rate, at least once in six months. Remember: the more frequently You change Your passwords, the better protected Your information will be.
You shall bear exclusive liability for any use made of Your account (including the accounts of Your workers or anyone on Your behalf, opened on Your request) – as a result of Your transferring Your details to a third party or otherwise – and the Portal Operator shall not bear any liability or culpability for said use. In the event that we believe, in good faith, that you have created an account with another person’s identification details, you will have exposed yourself to criminal and/or civil liability.
Each User may create one account only, and the creation of additional accounts is strictly prohibited.
You may not transfer or assign Your rights or delegate Your duties under the account, without the Company’s advance written consent. You must report to us immediately any unauthorized use of Your passwords or account, including any security breach. The Company shall not bear liability for any loss or damage caused as a result of Your inability to satisfy these Terms, or the unauthorized use of Your password or account, or as a result of a security breach. In such an event, You may be charged for the damages caused to the Company or others.
5) Termination of subscription
You are entitled to cancel Your subscription to the services at any time. You can cancel by sending written notice to Our customer service via email, or to fax number 03-6123793. Should You be asked to confirm the cancellation notice by sending a reply email, this will be a prerequisite for the cancellation of the subscription. The subscription’s termination will go into effect on the first business day of the calendar month subsequent to the date of the notice.
The Company is entitled to cancel Your subscription to the Services at any time. Subscriptions may be cancelled for any reason, and the Company will not be asked to explain its decision. Notice of the termination of Your subscription will be sent to You by email, and will enter effect on the date stipulated therein. Such notice may go into effect immediately.
Please note: cancellation of the subscription may lead to the loss of content and data (including the user content You created and other features You designed in the context of Your subscription), and the Company shall not bear liability for this loss.
6) Messages and notices
The Services may include the receipt of push messages, text messages, email messages, other social network messages, or other messages from the Company, and You hereby agree to receive all these (Push messages will be sent to the user once the user has actively consented to receive these notices). The user may disable the option to receive push notices from the Company by changing the definitions on his mobile device.
7) User undertaking
As a prerequisite for Your use of the Website, Application and/or Services, You present and undertake vis ? vis the Company that:
· You will not violate the terms of this Agreement; and –
· You are legally competent to enter this Agreement and satisfy Your undertakings thereunder to the best of Your ability; and –
· The details You provided upon registering as a subscriber to the Services, in the event that You registered as a subscriber, are correct, accurate and complete; and –
· The details You include in the user content, including the e-commerce platform, are correct, accurate and complete; and –
· In entering this Agreement You are not violating an agreement by which You are bound by law or vis ? vis a third party.
8) Prohibited uses
There are specific behaviors which are completely prohibited in the context of the use of the Website, Application and/or Services. Please read the prohibitions set forth below with great care. Your failure to satisfy the provisions below may (at the Company’s exclusive discretion) lead to the suspension of Your access to the Website, Application and/or Services and may also expose You to civil and/or criminal liability.
9) Intellectual property rights and licensing
The Website, Application, Services and all the accompanying and associated intellectual property rights (apart from User content, as defined hereinafter), including inventions, patents, and patent applications, trademarks and applications for trademarks, commercial names, logos, reputations, materials protected by copyright, graphics, texts, pictures, designs (including the look and feel of the Website, Application and/or services), specifications, methods, processes, algorithms, data, technical information, technology, interactive features, source code, machine code, files, interfaces, graphic interfaces, and commercial secrets – regardless whether these are registered or able to be registered or otherwise – (hereinafter jointly, “the Intellectual Property”) are owned by and/or licensed to the Company and are protected by copyright and other intellectual property rights under the law of the State of Israel and other laws. Unless explicitly permitted under these Terms, You may not copy, disseminate, present, execute publicly, make available to the public, disassemble, separate, adjust, provide a sub-license, make commercial use, sell, rent, lend, process, connect, reverse-engineer, combine with other programs, translate, change or create derivative works of the intellectual property, either by yourself or by a third party on Your behalf, in any manner.
The Company hereby confers to You, and You receive, a personal, non-exclusive, non-commercial, fully-cancelable, limited license, which may not be assigned, and on the basis of which no sub-licenses may be conferred, to use the Website and/or Application on a computer and/or mobile device in Your possession or control, all in accordance with the provisions and instructions included in this Agreement. These Terms in no way confer You any right in the Website, the Application, or in connection therewith, except a limited right to use them in accordance with these Terms.
Should You provide the Company feedback, comments or suggestions of any sort regarding the Website and/or Application (“Feedback”), the Company shall be entitled to receive an exclusive, irrevocable, permanent, universal license, without royalties, to integrate Feedback in all the Company’s current or future products and services, and the Company shall be entitled to use the Feedback for any purpose without receiving Your approval and without providing You with any sort of consideration. You confirm that said Feedback will be deemed non-confidential. You likewise declare that the Feedback is not subject to license provisions of any kind which may require the Company to satisfy additional requirements with respect to its products and/or services which include the integrated Feedback.
The Company is not required to provide updates, upgrades or new versions of the Application under these Terms.
10) Commercial trademarks and business names
The name “The Israel Diamond Industry Portal”, the Company name, the commercial symbols, and the rest of the proprietary identifiers the Company uses in connection with the Website, Application and/or Services, as well as the Website’s domain name (“The Company’s Trademarks”) are all trademarks and/or company trademarks, regardless of whether or not they are registered. The rest of the trademarks, business names, other identifying signs, and other commercial symbols (including various different types of logos) which may appear on the Website, Application and/or Services, belong to their owners (“Third Party Trademarks”). All third party trademarks appear on the Website and/or Application solely for purposes of presentation, description and identification, and they belong to their owners. No right, license, or ownership in the Company’s or third parties’ trademarks is conferred hereby; therefore, You must avoid making use of any kind of these trademarks unless such use was explicitly permitted under the Terms.
11) Links to third party websites
13) The availability of the Website, Application and/or Services
The availability and functionality of the Website, Application and/or Services rendered in the context thereof, are dependent on multiple factors including software, hardware, communication networks, service providers or contractors of the Company or other third parties (including those providing cloud storage, website registration services etc.) We will take reasonable measures to ensure that the Website, Application and/or Services are available on a continuous basis. Notwithstanding the aforesaid, the Company shall not be responsible, and does not guarantee or undertake that the Website, Application and/or Services will operate and/or be available at all times without disruptions or failures, and that they will be fail-proof. You hereby agree that the Company will not be liable for the Website’s and/or Application’s inability to operate or inaccessibility resulting from any cause, including suspensions of the operation of the internet or networks, suspensions of the operation of the hardware or software due to technical or other issues beyond the Company’s control (for example failure, force majeure, third party neglectfulness etc.) Should the Website and/or Application require maintenance in such a manner as to influence the availability thereof, the Company may (but is not required to) notify the users of this in advance.
14) User content
The Website and/or Application enables users to upload, publish and share works which may be protected by copyright, such as designs, animations, literary works, texts, illustrations, pictures, brand names, presentations and any other proprietary information, including a detailed description of the inventory of diamonds and/or gemstones possessed by the subscriber (“User Content”). Moreover, the Application also enables users to publish the content the User uploads to Facebook groups intended for Israeli diamond dealers. Please ensure that Your use of the Website and/or Application honors the proprietary rights (including intellectual property rights and the right to privacy) of the owners of the user content You upload to the Website and/or Application or share on the Facebook group intended for Israeli diamond dealers. The Company shall not bear liability for any damage, loss, cost or expense which You may be caused as a result of uploading User Content or in connection with said uploading.
You agree and affirm that You bear exclusive liability for the User Content You upload through use of the Website and/or Application and for the ramifications of this content’s being used by the Company and third parties.
When You transfer to the Company User Content to be displayed through use of the Website and/or Application, You must ensure that this User Content is legal. Inter alia, for illustration purposes only, the User Content specified hereinafter may not be displayed through use of the Website and/or Application:
· Any content that infringes on or violates the proprietary rights of others – including copying and/or distributing diamond and/or gemstone inventory which is not in Your possession;
· Any content that infringes on or violates the proprietary rights of others – including copyrights and trademarks; any content that creates a risk to the safety, security or health of any person;
· Any content that personally identifies other people, without their having consented to have their identity publicized, or any content that pertains to minors and identifies them, their personal details or their address and contact details (unless this information was provided, or the publicizing thereof was approved by an entity authorized by law to upload such content);
· Any illegal content, including content which constitutes slander or which infringes on a person’s privacy or good name;
· Any content that presents minors sexually;
· Any content of pornographic or obscene sexual nature, or any content that is harassing, offensive, hostile, threatening, vulgar or offensive to the public’s sentiment;
· Any content that contains or encourages racism or inappropriate discrimination on the basis of race, origin, skin color, ethnicity, nationality, religion, sex, occupation, sexual leanings, illness, physical or emotional handicap, faith, political outlook or socio-economical status;
· Any content that encourages criminal offense or which may constitute the basis for a civil claim or for civil liability;
· Any content the publishes passwords, usernames and other details that enable the use of computer software, digital files, websites or services requiring registration or payment without said registration or payment;
· Any information to which access is blocked by password etc. and is not freely available to all internet users.
· Any information that may mislead a consumer or gemstone and diamond dealer;
· Any content that expresses or falsely intimates that said content is sponsored or promoted by the Company, or which contains malice or deceit in any other aspect.
In addition to the aforesaid, and to remove doubt, the “prohibited uses” specified above in Article 7 shall apply, mutatis mutandis, also to the User Content.
You agree and affirm that the User Content You upload to the Website and/or Application will be deemed non-classified information and will be exposed to all web users. Be prudent and cautious in providing personal details (such as an address or phone number) and in handling responses and queries You receive as a result of Your use of the Website and/or Application or the publication of any of Your details. Remember: When You transfer information and respond to inquiries sent to You, including requests for diamond and/or gemstone trade, and when You investigate the identity of the party that seeks to contract with You, You must proceed with at least the same degree of caution You would exercise with regard to inquiries made by means other than the internet.
The Company has no obligation to examine, alter or monitor User Content. Notwithstanding the aforesaid, the Company may (but is not required to) examine the User Content before and after it is published on the Website and/or Application; refuse to present User Content on the Website and/or Application; immediately change, or delete at any time, any User Content that You transfer to the Company, including User Content on the subscriber’s personal website, should you violate the Terms or perform an act or omission that infringes on, or which is liable to infringe on, the Services, the Users of the Website, Application and Services, the Company or anyone on its behalf, or for any other reason, at the Company’s absolute discretion. In this event, the Company shall also be entitled to prevent You from uploading and displaying additional content on the Website and/or Application.
The Company may form restrictions regarding the use of the Website and/or Application, including restrictions regarding the size and volume of the storage available for the User Content, including on the subscriber’s personal website.
You bear exclusive liability to backup, at Your expense, the User Content that You upload to the Website and/or Application. The Company will not bear any liability for damage You may be caused as a result of the loss of User Content.
The Company is conferred the exclusive discretion to decide which User Content will be displayed, the duration for which it will be display, its placement and design, and any other matter that pertains to its publication in the context of the Website and/or Application, and it does not undertake that any specific User Content will be published at all or for any specific duration of time.
User Content that the users publish does not represent the Company’s opinion or stance, and the fact that it is published does not constitute a guarantee of its validity, credibility, accuracy or legality. Without derogating from the generality of the aforesaid, any publication as said does not constitute an opinion regarding transactions and financial proceedings, including the purchase or sale of diamonds and gemstones.
You agree that You bear exclusive liability for the User Content You upload to the Website and/or Application and for the ramifications of uploading it. The Company will not bear any liability for third parties’ (including users’) use of the User Content You upload to the Website and/or Application.
It is the User’s responsibility to obtain every consent necessary under any law for the personal information of third parties, including the Users, which the User desires to share with the Company and/or in the context of the Services, and to satisfy all the legal requirements that apply with regard to said content. The Company is not responsible for any said use, and shall not bear any liability in this context.
The Company shall not bear liability for any damage or expense the Users are caused as a result of uploading User Content to the Website and/or Application and/or in connection with the upload of said content.
The Company does not undertake that the messages it publishes will elicit a response. The Company has no way of knowing what kind of responses (if any) will be elicited by the publication, and who will respond to the information published. The Company therefore does not bear, vis ? vis You (or vis ? vis anyone on Your behalf) liability of any kind for these responses, for the identity of the entities that contact You, or for any ramification of the publication, including, but without derogating from the generality of the aforesaid, transactions made between You and other subscribers. The Company shall not be liable for any third party’s misuse of the details You publish.
Should You believe that the User Content is offensive, misleading, inaccurate, illegal, or does not comply with the provisions of these Terms, please follow the instructions that appear under the heading “Procedure for Messages and Removal” hereinafter.
15) Rights in User Content
In transferring to the Company User Content which will be displayed through the use of the Website and/or Application, You are declaring and confirming that You own all the intellectual property rights therein or that You received (and will continue to hold) all the licenses, rights, and consents necessary from the owners of the User Content. Moreover, You declare that the User Content does not violate any rights of any third party, including, but not limited to, intellectual property rights and the right to privacy. You hereby explicitly waive the ethical right You may have in the User Content.
The Company does not receive ownership in the intellectual property rights in the User Content which the users upload onto the Website and/or Application. Notwithstanding the aforesaid, You confer the Company a free, universal, non-exclusive, irrevocable and non-transferable license to copy, distribute, prepare distributive works, and to execute in public the User Content. The Company’s right to use this content is not limited to private use, and it includes as well commercial use of any kind, at its own absolute discretion.
The fact that User Content is provided for publication on the Website and/or Application does not obligate the Company to publish or continue publishing this User Content on the Website and/or Application. Thus, the Company does not undertake that information You found or published on the Website and/or Application at a particular time will remain published at a later stage. When You send the Company User Content which will be displayed on the Website and/or Application, You agree and affirm that the Company may make any reasonable use of the personal and identifying information included in the User Content in the context of the Company’s activity and for the advancement of its objectives.
16) Notification and removal procedure
You may contact the Company by email and request the deletion of any material You provided for publication. The Company will try to satisfy Your request, but does not undertake to comply at all or within a specific period of time. You are aware that there are circumstances that can preclude the deletion of material in accordance with Your request, for example: if You published in a discussion group a message which elicited published responses from others.
In the event that there is/are displayed on the Website and/or Application content and/or works which You own, and which You believe violate Your intellectual property rights, including copyright, and/or infringe on Your privacy and/or are offensive and/or inappropriate, and/or constitute slander and/or contain pornography, You may contact the Company and request that it/they be removed (at firstname.lastname@example.org). Make sure to include a precise reference to the violating content, Your detailed complaints, to append proof of its being such, and to include contact details including an email address and name, as well as identifying details. Should the content be found violating, it will be removed at the earliest opportunity and You will be sent notice of this by email. As noted above, since the Company does not undertake to monitor the content uploaded to the Website and/or Application by the users, the Company will have no way of knowing that violating content is published thereon unless You contact us. The Company shall not be liable for violating content, as stated in this Article.
17) Commercial ads
The Company, or anyone that receives permission therefrom – and it/he alone, is entitled to publish on the Website and/or Application and via the accompanying services commercial information and messages, of its own or on behalf of a third party, including advertisements, commercial symbols, links to other websites or other pages on the Website and/or Application, popup windows, banners, or any publication in any other manner – all subject to the terms and restrictions set by the Company.
You may not delete, infringe on, upset, interfere with, or oppose any message, addition or notice in any manner or by any means. The Company shall be entitled, at any time and without any advance notice, to delete any commercial information, message, information, addition or ad published on the Website and/or Application in disregard of the provisions of this agreement.
Liability for the information content and commercial messages which are not from the Company shall be borne by the publishing entities only. The fact that the information and commercial messages are on the Website and/or Application does not constitute the Company’s recommendation or encouragement to purchase the services or products offered for sale.
18) Error correction
Although in the process of publishing the reports and content on the Website and/or Application, effort was made to ensure the credibility of the facts and data, there may, naturally, be errors in the publication, inter alia, due to the fact that some of the content originates in third parties. If You believe that anything published on the Website and/or Application is erroneous, please write us at email@example.com.
19) Subscriber services
The interactive Services specified hereinafter are offered to subscribers to the Website and/or Application. The Company may add to or detract from or change these Services and others added in the future from time to time; the Company may stop supplying them; or offer them to some of the subscribers, or to all the users of the Website and/or Application, at its own absolute discretion.
a) Personal area
The Company may enable You to establish and maintain on the Website and/or Application a personal area of Your own. Your right to establish, manage, and maintain the personal area is subject to Your continuous compliance with the terms and restrictions specified in this agreement. Should You fail to uphold any of the Terms or restrictions, the Company may rescind this agreement, delete Your personal area in whole or in part, or deny access thereto. In any such event, the Company is not required to save a backup of Your personal area on the Website.
b) Message boards and financial information
On the Website and/or Application there may be published economic and financial information originating from third parties including other subscribers. This information is published, inter alia, on electronic message boards, forums, notices, etc. which offer a venue for subscribers to meet potential clients (subscribers and non-subscribers) who wish to enter transactions involving gemstones, and diamonds – both polished and rough, professional equipment, offices etc. The Company does not sell or supply any merchandise, assets or goods. The Company provides the message boards only as a service to encourage trade between the parties. Any transaction resulting from information published on the Website and/or Application will be conducted directly between the parties – not by way of the Website and/or Application or the Company, and without interference of any kind on the Company’s part.
Liability for the credibility, relevance, and accuracy of any said information is borne solely by the entity that provided it for publication, and not by the Company. The Company cannot and shall not investigate the entities offering merchandise on the Website and/or Application, their financial competence, their actual occupation, their experience, reliability, the quality and price of the merchandise offered thereby, or any other detail related thereto.
As a subscriber to the Company’s services, You may offer, at any time, merchandise, assets, and goods on the Portal and on the message boards on the Website and/or Application. The publication of Your offer is contingent on Your providing vital details regarding the goods offered (required fields). You are entitled, of course, to add additional details in the appropriate field. All the additional fields You provide will be published automatically. Therefore, if there are additional details of any kind that You do not wish to have published on the website, make sure not to feed them into the system. You may not append attachments to publications You upload to the system. You are requested to ensure that the details You provide are complete, correct and accurate. In the event that You provide such information for publication, it is Your duty to update it and delete it when it becomes no longer relevant. The Company may, at any time and at its exclusive discretion, remove any publication, without You having any complaint, claim or demand against it.
The notice’s design, situation, publication, and frequency of publication will be determined by the Company at its own exclusive discretion.
c) Discussion groups – forums
In addition to any other provision in this Agreement –
· No information, queries or details which do not fit the discussion group’s defined topic may be published on the discussion groups.
· No information, message or details which constitute prohibited material, as defined in these Terms, may be published in the discussion groups.
Responses offered in discussion groups to specialized queries (such as law, professional equipment, value appraisal, financing, insurance etc.) do not constitute professional advice.
Please bear in mind that correct professional advice can be provided only on basis of the precise facts of each specific case. The discussion groups are no replacement for such advice.
As an entity providing interactive areas, as stated above, for the users’ convenience, the Company is not liable for any declaration, representation, or User Content uploaded thereon.
The Company does not undertake (a) that the Website, Application and/or Services are or will be safe for use, accurate, complete, failure-free and interruption-free, or free of viruses, defects, worms, other harmful components or other software limitations, (b) that it will fix any errors, failures or defects on the Website and/or Application and/or (3) that the results of the use of the Website, Application and/or services will meet Your expectations.
The Company shall not be liable for any ramifications of technical failure (including, but not limited to, with regard to internet links, line or server overload, and related impediments and disruptions) resulting from internet and telecommunication suppliers. The Company shall not be liable for the exposure of Your user details or those of any of Your workers, or any misuse of this information, provided that it took reasonable measures to protect this information on the Website, Application and/or Services.
The Company bears no liability for any Service provided by a person or body that is not the Company.
Please note: You are aware and agree that You bear exclusive liability for any decisions You make or actions You take as a result of, or in connection with, any use of the Website, Application and/or services, including, and without derogating from the aforesaid, the ecommerce platform. Use of the Website, Application and/or services and/or content and/or User Content is at Your own exclusive risk.
The Company is not responsible for the quality of the User Content offered on the Website and/or Application including, without derogating from the generality of the aforesaid, User Content that appears on the ecommerce platform; nor is the Company responsible for its being accurate and error-free.
The Company does not, explicitly or implicitly, encourage, support or bear any liability for the use of User Content, including, and without derogating from the generality of the aforesaid, User Content that appears on the ecommerce platform, available through use of the Website and/or Application, or for damage and expense resulting from the use of the Website and/or Application and/or Services and/or User Content.
The Company does not, explicitly or implicitly, recommend, support or bear liability of any kind for damage and expense resulting from the use of the Website and/or Application and/or Services and/or User Content including, and without derogating from the aforesaid, User Content that appears on the ecommerce platform. The Company shall not bear liability for damage of any kind, including indirect, special, incidental or temporary damage, regardless whether as a result of or in connection with the use of the Website and/or Application and/or Services and/or User Content, regardless whether the Company informed the user of the possibility of such damage.
The Company does not undertake that the use of the Website and/or Application will be secure, precise, complete, interruption-free, failure-free, or free of viruses or harmful components or other restrictions of function.
You bear exclusive liability to backup, at Your expense, the User Content that You upload to the Application. The Company shall not bear any liability for damage You may be caused as a result of the loss of User Content. If specific jurisdictions do not enable exclusions or limitations as stated above, the exclusions and limitations mentioned above shall not apply in full, but rather only to the maximum degree permitted under the governing law.
21) Limitation of liability
In the event that certain jurisdictions do not enable exclusions or limitations as stated above, the aforementioned exclusions and limitations shall not apply in full, but only to the maximum degree permitted under the governing law.
Without derogating from the aforesaid, we reserve the exclusive right to conduct the exclusive protection and control regarding any matter and proceeding that relates to indemnification from You, in such a manner that does not detract from Your duty to indemnify, and which obligates You to cooperate with us fully in conducting said proceedings.
The Company may change, from time to time, any of the subscription terms. In this event, You will be requested to accept the terms upon the renewal of your subscription, and they will be applicable to You from this time on. Without accepting the new terms, You will not be able to continue using the Services offered to subscribers on the Website and/or Application.
24) Changes to the Website, Application and/or Services
The Company reserves the right to make revisions, expansions, improvements, adjustments and any other change, with no advance notice and at any time it sees fit at its own exclusive discretion. Moreover, You hereby affirm that the content may be changed or deleted from the Website and/or Application at any time, with no prior notice. You agree that the Company is not liable vis ? vis You or any third party for any change, suspension or termination of activity on the Website, Application and/or services included in this Application.
25) Special provisions pertaining to rules of use of third party platform providers
26) Special provisions pertaining to third-party components
The Website and/or Application may use or include software, files and/or components which are subject to the terms of various licenses including third party open-source licenses (“Third Party Components”). You are entitled to use Third Party Components as part of, or in the context of, the Website and/or Application, only subject to Your satisfying the license terms applicable to and/or associated with the relevant Third Party Components. In the event of a contradiction between the license terms of the Third Party Component and these Terms, the license terms of the relevant Third Party Component shall override, only with regard to the Third Party Components. These Terms do not apply to any Third Party Components that are associated with and/or included on the Website and/or Application, and the Company has no liability in connection therewith. You recognize that the Company is not the creator, owner, or provider of the licenses for Third Party Components, and the Company does not confer any representation or undertaking of any kind, explicitly or implicitly, regarding the quality, abilities, operation, performance or compatibility of any Third Party Component. The Website and/or Application, or any part thereof (apart from Third Party Components included therein) may not be deemed open-source software.
27) Discontinuation of the activity on the Website, Application and/or services, and discontinuation of Terms
The Terms will remain in effect until discontinued as specified in this document.
The Company shall be entitled, at any time, to bar Your access to the Website, Application and/or Services, temporarily or permanently, to suspend or cancel the subscription, at the Company’s exclusive discretion, for any reason, including, but without derogating from the generality of the aforesaid, if the Company believes that one or more of the following circumstances apply: (a) there is a risk to the security or reliability of the Company’s network or servers; (b) the suspension or cancellation is necessary to protect the Company’s rights, property, users, or the public; (c) there is a basis for cancelling Your subscription; (d) you violated the Terms; (e) you owe money to the Company or to any corporation related thereto, and You have not paid Your debt although the usual due date therefore has passed and/or (f) we are required to do so by law. During the suspension, You will not be able to enter or use Your account. If it is determined, in the context of our absolute discretion, that the cause of the suspension has been reversed, we will restore Your access to Your account.
The Company will also be entitled to any other remedy available thereto by law should the Company find that Your activity or use of the Website, Application and/or Services in some way constitutes a violation of the Terms.
In the event that You do not agree to the Terms (as updated from time to time), or if You are not satisfied with the Website, Application and/or Services, You may revoke Your consent to the Terms at any time by terminating Your use of the Website and Application, deleting the Application, and discontinuing Your use of Services. Termination of the Terms is the only relief to which You will be entitled in the aforesaid circumstances.
Moreover, the Company may, at any time, and at its own exclusive discretion, discontinue the activity on the Website and/or Application and/or services, temporarily or permanently. Notice of the discontinuation of activity on the Website and/or Application will be provided, to the extent possible, a week in advance. You affirm and agree that the Company will not be responsible for the loss of information and/or any damage resulting from or related to its decision to discontinue or suspend the activity on the Website, Application and/or Services.
The services are subject to the export laws of the State of Israel and may be subject to other export laws applicable to the User or in the User’s territory. The User agrees and affirms that he shall not send, transfer, or export the Application to any country, or make it available in disregard of the governing laws and in accordance with the target audience to which the Website and/or Application is geared.
Moreover, You declare and undertake that: (a) You are not located in a country subject to the boycott imposed by the US government or which the US government determined is a terror-supporting country; and (b) You are not included in the US government’s list of prohibited or restricted parties.
a) These terms constitute the exhaustive compilation of terms and instructions agreed upon between You and the Company in connection with the topics that appear in these Terms, and they override any other, prior or valid agreements or understandings made in writing or orally between You and the Company;
b) Any claim relating to the Website and/or Application or the use thereof shall be subject to the laws of the State of Israel and shall be construed in accordance with these laws (without giving validity to the principles of d?pe?age set forth therein) and the UN convention regarding homogenous law for the international sale of goods;
Notwithstanding the aforesaid, should either of the parties to this agreement be sued by a third party, in any judicial proceeding, the defendant will be entitled, notwithstanding the aforesaid, to include the other party to this agreement as a party to those judicial proceedings. In this event, this arbitration agreement shall be inapplicable. The authorized court under the provisions of the Arbitration Law 5728 – 1968 shall be the court located in Tel Aviv. This Article constitutes an arbitration agreement between the parties for all matters and purposes.
Subject to, and without derogating from the aforesaid, regarding any matter that is not within the arbitrator’s jurisdiction, or any matter with respect to which this arbitration agreement is not applicable, for any reason, the authorized court of the Tel Aviv District in Israel shall have exclusive jurisdiction, and You hereby agree to the exclusive and local jurisdiction specified above. You agree to waive all the protections relating to the absence of personal jurisdiction and improper forum, and agree that the judicial documents will be served in a manner permissible under the applicable law and/or in accordance with the court decision. Notwithstanding the aforesaid, the Company may request the issuance of a preventive injunction in any authorized court;
e) No waiver of either of the parties of any breach or omission under this agreement or under these Terms shall be deemed a waiver of any previous or future breach or omission;
f) Any section heading or any other heading in these Terms is brought for the sake of convenience only, and does not define or explain any article or provision included in these Terms;
g) You affirm and agree that any cause of action You may have resulting from, or pertaining to, the Website and/or Application, will remain in effect for one (1) year of the day the incident occurs. Pursuant to this period, the parties hereby agree that this cause of action will become obsolete;
i) You are not entitled to assign, sub-license, or transfer in any other manner all or any of Your rights or undertakings under these Terms without our advance written permission. We are entitled to assign or transfer our undertakings under these Terms without limitation and without providing advance notice of this. In this event, all Your details will be transferred to an entity who will receive Your rights in the Website and/or Application, and You agree to this in advance;
k) The parties agree that any correspondence related to these Terms shall be done in writing (by email or regular mail) in Hebrew or in English;
l) You agree, without limiting, that a printed version of these Terms and of any notice sent electronically shall be admissible evidence in judicial or administrative proceedings which are based on these Terms or pertain thereto, to the same extent, subject to those Terms, as other business documents and records produced at source and saved in a printed version.
If You have additional questions or comments regarding the Terms, You may email us at firstname.lastname@example.org or call us on 054-3452913. We will do our best to get back to You within reasonable time