These Terms of Use were last updated in January 2018. It is effective between You and Us as of the date of You accepting this Agreement and in accordance with its terms and conditions as such may be updated from time to time in Our sole discretion.
By accessing or using the Website, You sign that You have read, understood, and agree to be bound by this Agreement. If You are entering this Agreement on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its Affiliates (as defined below) to these Terms of Use, in which case the terms "You" or "User" shall refer to such entity and its Affiliates.
- DEFINITIONS
- "Account" means the account opened on the Website under Your subscribed name.
- "Affiliate" means any entity which directly or indirectly controls, is controlled by or is under common control with the subject entity. "Control" for purposes of this definition, means direct or indirect ownership or Control of more than 50% of the voting interests of the subject entity.
- "Content" means, without limitation, text, graphics, and images, including photographs, audio and video files and/or content.
- "Malicious Code" means viruses, worms, time bombs, trojan horses and any and all other harmful code, files, scripts, agents or programs.
- "Service" or "Website" means the Website, including its associated guidelines and tutorial components, and other related products and services, any and all accompanying personal support and services, if and as provided, and any changes and/or modifications of the above, which may be completed by Us from time to time, in Our sole discretion.
- "Service Errors" means any interruption in the availability of the Website caused by factors under Our direct control.
- "You" or "Users" includes, without limitation, individuals and/or entities authorized by Us to use the Service as well as Your employees, consultants, contractors and agents; or third parties with which You transact business with and who are authorized to use the Service.
- "Your Data" means all Content that You post, upload, publish, submit, or transmit to be made available through the Website, including inter alia materials You submit, post, display, or otherwise make available on the Service.
- THE SERVICE
- Provision of Services. We hereby grant to You a non-exclusive, non-transferable, fully-paid license to electronically access and use the Website in accordance with the terms and conditions of this Agreement, which, at Our sole discretion, may be subject to Your (i) opening an Account with Us; and/or (ii) purchasing a subscription; and/or (iii) adhering to the terms and conditions of this Agreement. We may at any time require that, for any use of the Service, You register as a User by providing a username, password, and valid email address.Some features of the Website may contain a specific identification number for the purpose of tracking the number of unique instances of such features being used by You. In such event, You must provide true, complete, and accurate registration information to Us and notify Us if Your information changes. We encourage You to use Your real name. If You are a business, government, or non-profit entity, You must use the actual name of Your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. You may utilize the Services as long as You abide by the terms and conditions of this Agreement and, if such feature exists, as long as Your Account is not terminated by either party hereto.
- User Subscriptions. We currently provide our Service and/or User subscriptions for free, however, We reserve the right to integrate components and/or services to the Website which might be subject to fees and purchase of user subscription. Unless We otherwise agree, User subscriptions shall be for designated Users and shall not be shared or used by more than one User. Each application for subscription made by You shall be deemed to be an offer by You to access Our subscription services. We have a right to ask You for further information, documents and any due diligence necessary to accept such offer or maintain a respective subscription.
- Description of Service. The Website is owned and maintained by Us, and is dedicated cryptocurrency, cryptoeceonomics, blockchain and data, information and news and the financial and technology world surrounding those technologies and use cases. (the "Information"). The Content of the Website is for informative purposes only. You may use the Content of the Website for acquiring the information solely. All writers' opinions are their own and do not constitute financial advice in any way whatsoever. Nothing published on the Website constitutes an investment recommendation, nor should any data or Content published on the Website be relied upon for any investment activities. We strongly recommend You to perform Your own independent research and/or speak with a qualified investment professional before making any financial decisions.
- USE OF THE SERVICE
- Your Responsibilities. You shall (i) be responsible for User's compliance with this Agreement, (ii) be and remain solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Website, and notify Us promptly of any such unauthorized access or use, (iv) be responsible for maintaining the security of the User names and passwords of Your Account using the Service and notify Us promptly of any other breach of security known or suspected by You as well as safeguarding all information provided as part of the Service and all usage of the Website in the same manner You would safeguard Your own information of a confidential nature, (v) use the Website only in accordance with applicable laws and government regulations, and (vi) be responsible for all activity under Your Account, without limitations the activity of other Users who have been added to Your Account by You or by another User of the Account. If You are using a device that others have access to, You must log out of Your Account after using the Service. If You become aware of unauthorized access to Your Account, You must change Your password and notify Us immediately. Without derogating from anything in this Agreement or otherwise, You shall not (a) make the Service available to anyone other than those entities and/or individuals that have agreed to adhere to the terms and conditions herein, (b) sell, resell, rent or lease the Service, (c) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or post, transmit, redistribute, upload, or promote any materials that violate or infringe in any way upon any rights of others, including without limitation, intellectual property rights such as, for example only, copyrights and trademarks (including any materials which are illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others, harms or threatens the safety of Users or others or may otherwise constitute a breach of any applicable law), (d) use the Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (f) attempt to gain unauthorized access to the Service or their related systems or networks, (g) data mine, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any part of the Service, or in any way ascertain, decipher, or obtain the communications protocols for accessing any part of the of Service, or the underlying ideas or algorithms of any part of the Service, in an effort, for example, but without limitation to develop other applications or services that provide similar or substitute or complimentary functionality to such part of the Service; (h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained on the Website; (i) create derivative works based on the Website, copy, frame or mirror any part or content of the Website, other than copying or framing for Your own internal business purposes during the subscription term and for Your exclusive use; (j) access the Website in order to (1) build a competitive product or service, or (2) copy any features, functions or graphics of the Website (3) distribute, modify, transmit, reuse, download, in whole and/or in part, Website' Content for commercial purposes or for personal gain; (k) violate any applicable law; (l) run any form of auto-responder or "spam" on the Service, or any processes that run or are activated while You are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service' infrastructure.
- KYC Documentation. You warrant that You will fully comply with any due diligence request made by Us for KYC purposes and that the documentation You will provide to Us is genuine. Moreover, You undertake to ensure to the best of Your knowledge and belief and after due diligence; that no money laundering or other unlawful act is committed in connection with using the Website and further that no proceeds of any money laundering activities are used to invest in users data or ICOs published on the Website. If You transact through the Website further ensure that You – and shall always be – compliant with all applicable anti-money laundering regulations at all time.
- Protection of Your Data. We respect the privacy of all Our Website Users and shall not use Your Data except in accordance with the terms and conditions of our Privacy Policy which constitutes an integral part of these Terms of Use. The Privacy Policy may change from time to time and We recommend You to read it periodically.
- Deletion of Your Data. If You become aware that any portion of Your Data or User activity violates this Agreement, You shall take all necessary action to prevent such activity and remove such data from the Website and cease such activity entirely. To the extent We become aware that Your Data, in Our reasonable discretion, is in violation of this Agreement or any applicable law, We may immediately block access to the Website, suspend or terminate Your use of the Service, delete or remove such data from the Services, or take any other action We deem appropriate. We have the right, but not the obligation, to monitor User postings to public areas to determine compliance with this Agreement and any other operating rules that may be established by Us from time to time. If You believe that Your Data has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact Us by email at the following address: [email protected]
- Modifications and Additional Terms. Without limiting any other terms herein contained, We reserve the right in Our sole discretion to add, change, discontinue or otherwise modify elements and features of the Service at any time. We will post notifications regarding such changes on Our Website. It is, therefore, important that You review this Agreement regularly to ensure You are updated regarding any changes. In addition, in order to use certain parts of the Website, You may be required to agree to additional terms and conditions. Those additional terms are hereby incorporated into this Agreement as an integral part hereof.
- PROPRIETARY RIGHTS
- Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Service and Website and all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. You acknowledge and agree that the Service is fully owned by Us and/or duly licensed to Us and may be protected under international patent, copyright, trademark or trade secret laws as well as international treaties. You further agree that all right, title, source code, documentation, drawings, data, designs, tooling, equipment, procedures, engineering changes, inventions, trade secrets, copyrights, mask works, all related know-how and all intellectual property related to the foregoing, including any changes, modifications, revisions, enhancements, improvements and derivative versions and/or editions thereof, and all rights therein, including all intellectual property rights applicable thereto, shall remain vested in Us and/or such third parties that duly licensed such intellectual property to Us and You shall have no rights in or claims with respect thereto.
- Age Restrictions. Use of the Service is restricted to those individuals 14 years of age or older that are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By using the Service, You hereby represent that You are 14 years of age and have the authority to enter into the Agreement.
- Ownership of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data.
- Interaction with Other Users. You are solely responsible for Your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between You and other users. We shall have no liability for Your interactions with other Users, or for any User’s action or inaction. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of Users or other third parties. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between You and other Users or other third parties You agree that We are under no obligation to become involved.
- The Service allows Users to post content (Your Data) such as informational materials, photographs, images, comments, questions, and other content or other information. We claim no ownership rights over Your Data. Your Data remains Yours; however, by sharing Your Data through the Service, You agree to allow others to view, edit, and/or share Your Data in accordance with this Agreement. Without derogating from anything herein, We have the right (but not the obligation) in Our sole discretion to remove Your Data (in part and/or in whole).
- In connection with Your Data, you affirm, represent and warrant the following:
- Your Data and Our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights.
- We take no responsibility and assume no liability for Your Data (in part and/or in whole) or any other Content that users or third party post or publish on the Website. You shall be solely responsible for Your Data and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for the presentation of Your Data. You understand and agree that You may be exposed to User data that is inaccurate, objectionable or otherwise unsuited to Your purpose, and You agree that We shall not be liable for any damages You allege to incur as a result of such User data.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
- Third Party Data. All title and intellectual property rights in and to any data of any third party which may be linked to or viewed in connection with the Service is the property of the respective data owner and may be subject to terms and conditions of third parties that duly licensed such content to Us ("Third Party Agreements"). You acknowledge that the terms of such Third Party Agreements shall be binding upon You with regard to any use You make under the Service, including any subsequent changes to the Third Party Agreements. The look and feel of the Service and the Website, including its color combinations, logos, button shapes, and other graphical elements, also are the trademarks and intellectual property of Ours. Other trademarks used on the Website are the property of their respective owners. The license granted under this Agreement shall not constitute a sale of the content on the Website or any portion or copy thereof and You shall not acquire any rights therein, express or implied through this Agreement other than those expressly specified herein.
- Your Licenses to Us. For all Your Data, You hereby grant Us a royalty-free, perpetual, sub-licensable, irrevocable and worldwide license to translate, modify (including without limitation, for technical purposes), reproduce and otherwise act with respect to Your Data, in each case to enable Us to operate the Service as described therein. If You share Your Data publicly on the Service and/or in a manner that more than just You can view, than You grant Us the license above, as well as royalty-free, perpetual, sub-licensable, irrevocable and worldwide license to display, perform and distribute such Your Data for the purpose of making it accessible to all Our users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in such Your Data in connection with the Service and/or otherwise in connection with Our business.
- Suggestions. You hereby grant Us, and We hereby accept a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Service.
- Links. The Website may provide links to other external websites and online resources. Since We have no control over such sites and resources, You agree and acknowledge that We are not responsible for the availability of such external sites or resources, and We neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Website with or without Our authorization. You acknowledge and agree that We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
You agree that Your use of third parties websites and resources, including without limitation, Your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at Your own risk and is subject to the terms and conditions of use applicable to such sites and resources. We shall have the right, but not the obligation, at any time and in Our sole discretion, to block links from and to the Website through technological or other means without prior notice.
- WARRANTIES AND DISCLAIMERS
- Mutual Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement.
- Disclaimers.
- YOU HEREBY DECLARE AND ACKNOWLEDGE THAT THE WEBSITE AND THE INFORMATION CONTAINED THEREIN ARE BEING PROVIDED ON “AS IS”, "AS AVAILABLE" AND WHERE AVAILABLE BASIS AND THEREFORE TO USE IT AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
- WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR BE FREE FROM SERVICE ERRORS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY RANKING OF LOCATIONS, CATEGORIES, STARTUPS, WEBSITES OR OTHER MATERIALS ON THE WEBSITE AS MAY BE UPDATED FROM TIME TO TIME, OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, UPDATED, UPGRADED, FIXED, OR ENHANCED. NO ACTION SHOULD BE TAKEN, DELAYED, OR DEFERRED BASED ON THE ANYTHING FOUND ON THE SERVICE. CONTENT APPEARING ON THE WEBSITE AT ANY GIVEN TIME WILL CONTINUE TO APPEAR OR REMAIN ON THE WEBSITE FOR ANY PERIOD OF TIME WHATSOEVER.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY ERROR CORRECTIONS, UPDATES, UPGRADES, BUG FIXES AND/OR ENHANCEMENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA CREATED UNDER THE SERVICE MAY BE LOST.
- WE ARE NEITHER AN INVESTMENT ADVISOR NOR AN INVESTMENT BROKER. NO CONTENT OR INFORMATION ON THE WEBSITE CONSTITUTES – OR SHOULD BE UNDERSTOOD AS CONSULTING – A RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTIONS OR INVESTMENT, NOR AN ENDORSEMENT, RECOMMENDATION OR RATING OF ANY PROJECT OR INVESTMENTS. WE DON'T PROVIDE PERSONALIZED RECOMMENDATIONS OR VIEWS AS TO WHETHER A PROJECT OR INVESTMENT APPROACH IS SUITED TO THE FINANCIAL NEEDS OF A SPECIFIC INDIVIDUAL.
- WE DON'T OFFER FINANCIAL SERVICES OR ADVICE. WE ARE NEITHER AN ACCOUNTING FIRM, NOR A LEGAL FIRM. NO CONTENT ON THE SITE CONSTITUTES OR SHOULD BE UNDERSTOOD AS CONSULTING – LEGAL OR FINANCIAL ADVICE. WE DO, THEREFORE, RECOMMEND THAT YOU SHOULD SEEK INDEPENDENT ADVICE BY ENGAGING A LICENSED PROFESSIONALS.
- WE DON'T PROVIDE WALLET OR EXCHANGE SERVICES OR ASSIST IN PROCESSING TRANSACTIONS IN ANY WAY. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF INDEPENDENT WALLET OR EXCHANGE SERVICES LISTED ON THE WEBSITE. WE ENCOURAGE USERS TO FAMILIARIZE THEMSELVES TO THE TERMS AND CONDITIONS OF ANY THIRD-PARTY WALLET SERVICE, OR ANY OTHER SERVICE PRIOR TO USE.
- Content. The Website may contain certain Content provided by Us or by third parties, such as news and Information. We provide any such Content solely for Your convenience, and such Content (i) is not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We shall not be held responsible for the accuracy or reliability of any such content. The content on the Website is not exhaustive and should not be considered complete or up-to-date. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any Content available through the Website. The relationship between You and Us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that You may have, and never disregard professional advice or delay in seeking it because of something that You have read on the Website. We neither recommend nor endorse any specific products, opinions, or other content that may be made available through or mentioned on the Website.
- INDEMNIFICATION
- You shall indemnify and hold Us and our predecessors, successors, parents, subsidiaries, Affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; (ii) Your use of the Service; (iii) Your Data; or (iv) Your breach of this Agreement; or (v) the use by You of any third party's intellectually property, or any action or inaction by You that infringes or misappropriates the intellectual property rights of a third party or violates any and all applicable law.
- LIABILITY
- Limitation of Liability. YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, IN RESPECT ANY CONTENT OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER TO THE USE OF THE WEBSITE. WE SHALL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT OR ADVICE, AND RELIANCE ON SUCH CONTENT AND ADVICE IS AT YOUR SOLE AND ENTIRE RISK.
- IN ANY EVENT, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON ENTITY ACTING ON OUR BEHALF, SHALL NOT BE LIABLE FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, EXPENSE OR PAYMENT CAUSED TO YOU DUE THE USE OF THE WEBSITE OR THE INABILITY TO USE IT.
- IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL OF THE LOWER (1) USD 50 OR (2) THE AMOUNT OF FEES PAID TO US BY YOU FOR USE OF THE SERVICE DURING THE PRECEDING THREE MONTH PERIOD, IF ANY.
- Exclusion of Consequential and Related Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- TERM AND TERMINATION
- Term of Agreement. This Agreement commences on the day you start using the Service and continues until it's terminated for any reason.
We may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); or (ii) We are required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful); or (iii) We are transitioning to no longer providing the Service to Users in the country in which You are resident or from which You use the Service; or the provision of the Service to You by Us is, in Our opinion, no longer commercially viable. In the case of each of (i) and (ii) of this paragraph We shall, where possible, give reasonable notice of such termination.
- Term of User Subscriptions. User subscription made by You commence on the start date specified in the applicable subscription confirmation and continue for the subscription term specified therein or until the subscription is terminated in accordance with the terms of this Agreement.
- Surviving Provisions. 4 (Proprietary Rights), 5 (Warranties and Disclaimer), 6 (Indemnification), 7 (Limitation of Liability), 8 (Effect of Termination and Surviving Provisions), and 9 (General Provisions) shall survive any termination or expiration of this Agreement.
- Notwithstanding anything to the contrary, We may discontinue the Service at any time in Our sole discretion with no notice.
- GENERAL PROVISIONS
- Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the third business day after mailing, (iii) the third business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to You shall be addressed to the system administrator designated by You for Your Account (if any) or any other address provided to Us by You. Notices to Us shall be to one of the addresses detailed in the "About" section on the Website.
- Relationship of the Parties. This Agreement, including any of its provisions, does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
- Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
- Changes to This Agreement. We shall occasionally update this Agreement to reflect changes in Our practices and services. When we post changes to this Agreement, we will revise the "Last Updated" date at the top of this Agreement. We recommend that You check the Website from time to time to inform Yourself of any changes in this Privacy Policy or any of Our other policies.
- Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Us. Notwithstanding the foregoing, We may assign this Agreement in its entirety, to any third party, including to Affiliates. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the court of Tel-Aviv, Israel, for any litigation arising out of this Agreement.
- Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our team at [email protected]
- Force Majeure. We will not be liable for any Website downtime or for failure to perform Our obligation under this Agreement due to causes beyond Our reasonable control including, but not limited to unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Such Website downtime or delay in performance of obligations by Us will be extended by the period of such force majeure related delay or We may at our own discretion cancel any subscription Services or remaining part thereof, without liability, by giving notice to You.
- Taxes and Duties. You will be responsible for paying, withholding, filing, and reporting all taxes, duties and other governmental assessments associated with Your activity in connection with the Service, provided that We may, in Our sole discretion, do any of the foregoing on Your behalf as it sees fit.
- This Agreement, including all Appendices attached hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.