These Terms apply solely to the use of the Website and do not apply to use of any Speedb products and/or services.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AS MAY BE AMENDED FROM TIME TO TIME (AS SET FORTH BELOW).
Please read the Terms carefully before You continue to make any use of the Website. If You do not agree to the Terms, You should exit and cease any further use of the Website. For the purpose of these Terms, the term "use" means any entrance, access or attempt to access the Website or otherwise any action you may do or attempt to do in connection therewith.
WEBSITE AND USAGE THEREOF
The Website includes all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, business models, and any computer code ("Content").
Content includes (without limitation) the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content.
We only authorize you to view the Content, provided that your view of such Content is for your internal business purposes only and not for any activity which is competitive with the Website or otherwise with our products and services. No other right or license is provided in connection with the Website (and such rights and licenses are specifically reserved by us). No logo, graphic, sound, video or image from the Website may be copied or retransmitted unless expressly authorized by Us
in writing. The materials on the Website are proprietary and any unauthorized use of any materials on the Website may violate copyright, trademark, and other laws.
You further agree not to, or attempt to:
- sell, rent, lease, bundle, transfer, display, resell for profit or otherwise distribute the Website or any part thereof;
- modify the Website, decompile, disassemble, or otherwise attempt, directly or indirectly, or reduce the Website to a human-perceivable form or disrupt the Website, servers or networks connected to the Website, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website in any manner, or
- disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- scrape, crawl, mine or use any other form of automated system or software to extract data from the Website;
- change, adapt, translate, and/or create derivative works based upon the Website;
- remove or obscure any intellectual property (i.e. copyright and trademark) notices relating to the Website;
- create a database by systematically downloading and storing all and/or any Content from the Website;
- monitor the Website’s availability, performance or functionality, or for any other benchmarking or use the Website, or any part thereof, for competitive purposes;
- gain a competitive advantage against Us;
- use the Website for any illegal, immoral or unauthorized purpose, to encourage criminal behavior, non-ethic manner, or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit; or
- use the Website in a way that infringes or violates these Terms, or infringes or violates the rights of any user or other third party.
We reserve the right at any time and from time to time, without being obligated to provide prior notice and/or any other liability, to modify, suspend, or discontinue, temporarily or permanently, the Website or any part thereof, or Your access thereto, and to modify, suspend or terminate the Website or any part thereof, all at our sole discretion. You will have no claim, complaint or demand against Us or against our related parties or affiliates (“Related Parties”), for applying any of such
changes or for failures to apply such changes.
As between Us and You, We own all right, title and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property or other property rights in or to the Website and all aspects of the Website, including, without limitation, any and all Content and all functions therein, regarding any of the foregoing at any time and as of their first creation.
THIRD PARTY CONTENT
The Website may make available to You Content, services, products, advertisements, offers, and other content of third parties ("Third Parties" and "Third Party Content"). Third Party Content may also contain links to Third Parties, websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party website. By using the Website, You expressly consent to receive Third Party Content.
We do not monitor Third Party Content and its availability through the Website does not constitute any endorsement or recommendation on our behalf.
We are not responsible for any Third Party Content and/or actions of or information regarding any Third Party and make no representation or warranty of any kind, either express or implied, regarding the Third Party Content and/or actions of any Third Party, including with respect to non-infringement of rights, accuracy, usefulness, safety of use or legal compliance. You will have no claim, complaint or demand against Us or against our Related Parties in connection with any Third
Party and/or Third Party Content.
You agree that your use of the Website shall be at your sole risk. The Website, its operation and the information available thereon are provided on an "As Is" basis. We make no warranty of any kind, express or implied, including, without limitation, any implied warranty regarding the accuracy, merchantability, up-to-date, non-infringement, reliability, operability, error free, or fitness for a particular purpose, and/or availability of the Website. We further make no warranty of any kind,
express or implied with regard to success of the Website functionality. We do not provide you with any representations, warranties about the Website, the use of the Website and the results you may receive there through and/or in respect to any source from which we received information presented to you through the Website.
You further assume full, exclusive and sole responsibility for the use of and reliance on the Website and on any responses or information provided to You through the Website, and acknowledge that any use of or reliance on the Website is made entirely at Your own risk. It is Your responsibility to make sure that Your use of the Website is legal in Your jurisdiction. We make no representation regarding its legality in Your country or jurisdiction.
LIMITATION OF LIABILITY
Our entire liability and your exclusive remedy with respect to any dispute with us or any of our related parties is to discontinue your use of the Website. We and our related parties and our and their respective shareholders, directors, officers, employees, or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage (even if such damage could have been reasonably foreseen) arising from your use of the Website and/or in connection to any
content or any other information or data provided to you via the Website. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum amount permitted by law.
You agree to defend, indemnify, and hold harmless Speedb and its Related Parties, and Speedb's and Related Parties’ members, shareholders, officers, directors, employees, and agents, from and against any and all, direct or in direct, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), at Speedb's first demand, arising from:
(i) Your use of the Website, and any use of the Website made through your account; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property or privacy right included in the Website.
Entire Agreement. These Terms embody the entire agreement between You and Us and supersede any and all prior understandings and agreements, oral or written, relating to it.
Assignment. Your user account may not be assigned to others. We may assign these Terms and any right or obligation in respect to the Website, in whole or in part, to anyone else.
Severability. If any term of these Terms is held unenforceable, for any reason, legal or other, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect.
Waiver. Our failure to enforce any term and/or right granted in these Terms will not constitute a waiver of such or any other term.
Amendments and Modifications. We, at any time and from time to time, may modify these Terms in whole or in part, without being obligated to provide You with a notice to that effect. Modifications to these Terms will be posted and noticeable on the Website’s homepage.
Notice. We may provide notices and marketing materials to You through certain instruments such as a pop-up window or other form of communication which will be viewable to You via the Website or by email to the email address specified by You, and any such notice shall be deemed received when so provided. Any notices to Us or question regarding these Terms may be sent to:
No Class Action. You expressly waive any right to resolve any dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder. These Terms shall be interpreted exclusively in accordance with the laws of Israel.