Terms And Comditions Of Use

Terms And Comditions Of Use

Last Updated:  July 15, 14

 

Seraphim Optronics Ltd. ("Seraphim", "we" or "us") is the owner of the content on and operator of www.seraphim.co.il (the "Site").

1. Acceptance of Terms of Use

Your access to and use of the Site are subject to the following terms of use (the "Terms of Use"). In addition, the Terms of Use govern and apply to all materials, software, content, online communications and other information that is or becomes available on or through our Site. By accessing or using the Site, you agree to be bound by the Terms of Use (which includes those terms and conditions expressly set out below and those incorporated by reference, including, without limitation, the Privacy Policy) and to comply with all applicable laws. If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site. Seraphim may revise these Terms of Use, at its sole discretion, at any time without any notice to you and such revised Terms of Use shall become effective immediately upon the posting thereof on the Site. You are bound by any such revisions and should therefore periodically visit this Site to review the then current Terms of Use to which you are bound. 

2. Eligibility

If any limitation under any applicable law prevents or limits your ability to be bound by the Terms of Use or any part thereof, you may not use the Site (or any part thereof). By using the Site, you explicitly state that you are in full compliance of any applicable law, regarding using or visiting the Site (or any part thereof).

3. Modifications and Updates

Seraphim has the right at any time and for any reason, to the extent permitted under applicable law, to modify, suspend, restrict access to or discontinue any aspect or feature of the Site, including but not limited to its content, functionality and availability, without any notice to you.

Without derogating form the above said, Seraphim, at its sole discretion, reserves the right to add additional features or functions, or subtract or change such or to provide programming fixes, updates and upgrades, to the Site. You acknowledge and agree that Seraphim has no obligation to make available to you any subsequent or previous versions of the Site.

To the extent permitted under applicable law, Seraphim may suspend the Site or any parts thereof, for maintenance work, updates or for any other reason, or terminate the Site, all at its sole discretion, without any prior notice. Seraphim shall not be liable or responsible with respect to or in connection with, such suspension or termination.

4. Content and Intellectual Property Ownership; Conditional Use of Content.

The Site and any part thereof, including without limitation logos, text graphics, texts, buttons, icons, images, videos, sounds, names, 'look and feel', source code and any and all Intellectual Property, embodied in the same, including, copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods or processes contained in such, in whole or in part, in any form, including without limitation, any component, modification, extraction or development thereof made by any third party (collectively the "Content"), constitute trade secrets and proprietary information and Intellectual Property of Seraphim and/or (as the case may be) third parties, and are protected as such by this Terms of Use or by any applicable law.

You are hereby granted a limited, non-transferable license to access and make personal use of the Content in accordance with these Terms of Use.

You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site and/or the Content and/or any part thereof.

You may access and use the Site and the Content thereon solely for personal and non-commercial purposes only. You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Seraphim or (as the case may be) the owner of such Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site and/or the Content and/or any part thereof. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content available on the Site. You may not resell the use of, or access to, the Site to any third party. You will not directly or indirectly, take any action to contest Seraphim's intellectual property rights or infringe them in any way. All rights not granted under these Terms of Use are expressly reserved by Seraphim.

Seraphim and/or its affiliates and/or its business partners expressly reserve all intellectual property rights in all Content on the Site. Except as expressly set under these Terms of Use, nothing contained herein shall be construed as conferring any license or right in the Site and/or the Content. In its sole discretion, Seraphim and/or its affiliates and/or its business partners may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. Links to Other Websites.

The Site may contain links to other websites that are not owned, operated, or maintained by us. You should note when you leave the Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently asses the authenticity of any website which appears or claims that it is a part of our Site. Despite any links that might exist on the Site, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.

 

6. Privacy.

You agree you have read the Privacy Policy [create hyper link] and agree that its terms are reasonable.

Without derogating from the above, you expressly consent to the use of your information by Seraphim in accordance with these Terms of Use and for the purposes set forth in the Privacy Policy.  

Subject to the terms and conditions of the Privacy Policy, any communication or material you transmit by or on the Site, including, without limitation, information transmitted by you to Seraphim through the "Contact Us" section in the Site, shall be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit on the Site.

7. Disclaimer of Warranties/Exclusion of Liability.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, ANY SOFTWARE, MATERIALS AND CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT THE SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH THE SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY STATEMENTS, ERRORS, OR OMISSIONS CONTAINED THEREIN, LINKS TO ANY OTHER WEBSITE OR ITS NATURE OR CONTENTS, OR ANY OTHER MATTER REGARDING THE SITE AND YOUR USE OF IT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND PERSONAL INJURY/ WRONGFUL DEATH), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

Seraphim is not liable for and explicitly disclaims any liability for any loss or damages arising from any act of force majeure, including without limitation, natural catastrophes, war, terrorism, riots, strikes, vandalism, acts or omissions of public institutions or any other acts outside the influence Seraphim.

To the extent permitted under applicable law, Seraphim shall not be responsible or held liable for any disturbances or malfunctions that the Site may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.

Site may include a pre-release “beta” version of the Site which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.

8. Compliance with Export Control Laws and Regulations.

By using this Site you acknowledge that you are aware that Content available through the Site may be subject to local or foreign export control laws and regulations, which may include, without limitation, prohibitions against accessing this Site and prohibitions against providing Site Content to third parties or to entities in foreign jurisdictions. You hereby represent, warrant and undertake that any use of Site Content is permitted to you and that at all times you shall comply with any and all applicable export control laws and regulations.

9. Indemnity.

By using the Site, you agree to defend, indemnify, and hold harmless Seraphim, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney's fees and costs) arising from: (i) any breach by you of these Terms of Use, (ii) your use of any Content or features available on or through the Site, (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (iv) any other matter regarding the Site and your access and use of it.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10. Severability.

If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

11. Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Israel without giving effect to the principles thereof relating to conflict of law. You agree to the personal jurisdiction by and venue in Israel and waive any objection to such jurisdiction or venue. Any claim under the Terms of Use or Privacy Policy must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Nothing herein will be construed as prohibiting Seraphim from applying to a court for an injunctive relief with or without prior written notice in any jurisdiction.

12. Contact Information

Should you have any questions or comments regarding the Site or these Terms of Use, you may contact us at the following:

 office@seraphim.co.il