THESE TERMS OF USE (“TERMS” OR “TERMS OF USE") SET FORTH HEREIN APPLY TO THE EGANU.COM AND EGANU.CO.IL WEBSITE (“SITE”) OWNED, OPERATED, LICENSED OR CONTROLLED BY EGANU LTD. ("EGANU"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
BY USING THIS SITE, ITS CONTENT, AND INFORMATION DERIVED FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY NEW FEATURES, ENHANCEMENTS OR UPDATES, YOU SIGNIFY YOUR CONSENT TO THE TERMS OF USE STATED BELOW
RESTRICTIONS ON USE OF MATERIALS
THE CONTENT AND MATERIALS OF THIS SITE (INCLUDING, BUT NOT LIMITED TO: SOFTWARE, TEXT, DISPLAYS, IMAGES, ILLUSTRATIONS, DESIGNS, ICONS, PHOTOGRAPHS, VIDEO CLIPS, AUDIO, FLASH AND MACROMEDIA MOVIES, WRITTEN AND OTHER MATERIALS) ARE PROPRIETARY TO EGANU OR THIRD PARTIES AND ARE PROTECTED BY COPYRIGHT LAWS. THE SELECTION, ARRANGEMENT, COMPILATION AND PRESENTATION OF ALL MATERIALS (INCLUDING INFORMATION IN THE PUBLIC DOMAIN), AND THE OVERALL DESIGN OF SITE ARE THE EXCLUSIVE PROPERTY OF EGANU AND PROTECTED BY COPYRIGHT LAWS. PERMISSION IS GRANTED TO VIEW AND PRINT MATERIALS FROM THE SITE FOR THE NON-COMMERCIAL PURPOSE OF VIEWING, READING AND RETAINING FOR REFERENCE. ANY OTHER REPRODUCTION, DISTRIBUTION, PUBLIC PERFORMANCE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY SUCH MATERIAL ON ANY OTHER WEB SITE OR NETWORKED COMPUTER ENVIRONMENT OR PUBLIC DISPLAY OF THESE MATERIALS, IN WHOLE OR IN PART, IS PROHIBITED WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF EGANU LTD.
EGANU RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ACTIVITIES OR COMPONENTS OF THE SITE (OR ANY PART THEREOF) OR TO REMOVE OR MODIFY, TEMPORARILY OR PERMANENTLY ANY CONTENT WITH OR WITHOUT NOTICE.
ANY REFERENCE MADE BY THIS SITE OR ANY OTHER EGANU SITE(S) TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, OR SERVICE (OR PROVIDER OF SUCH PRODUCT, PROCESS OR SERVICE) OTHER THAN OF EGANU, BY TRADE NAME, TRADEMARK, HYPERLINK, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, OR FAVORING BY EGANU. CONTENT ON THIS SITE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING BUT LIMITED TO EGANU’S SUBSCRIBERS, LICENSORS AND USERS. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, USERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF EGANU.
LINKING TO THE SITE
UNLESS YOU HAVE A WRITTEN AGREEMENT IN EFFECT WITH EGANU WHICH STATES OTHERWISE, YOU MAY ONLY PROVIDE A HYPERTEXT LINK TO THE SITE ON ANOTHER WEB SITE, PROVIDED THAT (A) THE APPEARANCE, POSITION AND OTHER ASPECTS OF THE LINK MAY NOT BE SUCH AS TO DAMAGE OR DILUTE THE GOODWILL ASSOCIATED WITH EGANU'S NAME AND TRADEMARKS, (B) THE APPEARANCE, POSITION AND OTHER ASPECTS OF THE LINK MAY NOT CREATE THE FALSE APPEARANCE THAT AN ENTITY IS ASSOCIATED WITH OR SPONSORED BY EGANU, (C) THE LINK, WHEN ACTIVATED BY A USER, MUST DISPLAY THE SITE FULL-SCREEN AND NOT WITHIN A "FRAME" ON THE LINKING WEB SITE, AND (D) EGANU RESERVES THE RIGHT TO REVOKE ITS CONSENT TO THE LINK AT ANY TIME IN ITS SOLE DISCRETION.
INTERACTIVE AREAS AND PUBLIC COMMUNICATION
“INTERACTIVE AREA" SHALL MEAN BUT IS NOT LIMITED TO FORUMS, CHATS, MAILING LISTS, REQUEST INFORMATION FORMS, LIGHTNEWS, ADVERTISMENTS AND LETTERS TO THE EDITORS, WEBMASTER (S) OR EMPLOYEES, OR E-MAIL FUNCTION IF OFFERED AS PART OF THIS SITE OR ANY OTHER RELATED SITES, AND OTHER FORMS OF GROUP ELECTRONIC COMMUNICATIONS THROUGH THE SITE.
IF YOU PARTICIPATE IN INTERACTIVE AREAS YOU ARE RESPONSIBLE FOR YOUR OWN COMMUNICATIONS AND THE CONSEQUENCES OF POSTING YOUR COMMUNICATIONS. IF YOU CHOOSE TO POST MATERIAL USING SUCH INTERACTIVE AREAS, YOU AGREE TO DO SO SOLELY FOR LAWFUL PURPOSES. YOU EXPRESSLY AGREE THAT YOU WILL NOT POST ANY MATERIAL THAT: (1) IS DEFAMATORY, LIBELOUS, ABUSIVE, OR OBSCENE, INCLUDING, WITHOUT LIMITATION, MATERIAL WHICH ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW; (2) INFRINGES ON THE COPYRIGHT OR ANY OTHER PROPRIETARY RIGHT OF A THIRD-PARTY; (3) WOULD INVADE THE PRIVACY OF ANY OTHER PERSON; (4) CONSTITUTE CHARITY SOLICITATIONS, CHAIN LETTERS OR PYRAMID SCHEMES; (5) CONTAINS A VIRUS, WORM, TROJAN HORSE, TIME BOMB, OR ANY OTHER HARMFUL PROGRAM OR COMPONENT; OR (6) DOES NOT GENERALLY PERTAIN TO THE DESIGNATED TOPIC OR THEME OF THE SITE. YOU ALSO EXPRESSLY AGREE THAT YOU WILL NOT: (A) AFTER RECEIVING WARNING, CONTINUE TO POST MATERIAL WHICH WE HAVE ADVISED YOU NOT TO POST; (B) CREATE A FALSE IDENTITY OR FORGED EMAIL ADDRESS OR HEADER, OR OTHERWISE ATTEMPT TO MISLEAD OTHERS AS TO THE IDENTITY OF THE SENDER OR THE ORIGIN OF THE MESSAGE; (C) POST, GENERATE OR DISSEMINATE SO-CALLED "SPAM" OR MASS-MAILINGS; (D) HARVEST OR OTHERWISE COLLECT INFORMATION ABOUT OTHERS, INCLUDING EMAIL ADDRESSES, WITHOUT THEIR CONSENT; (E) INTERFERE WITH OR DISRUPT NETWORKS CONNECTED TO THE SITE, OR USED FOR PURPOSES OF DELIVERING THE CONTENT OR THE SERVICES (OR VIOLATE THE REGULATIONS, POLICIES OR PROCEDURES OF SUCH NETWORKS); (F) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO RESTRICTED AREAS OF THE SITE, OTHER ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS CONNECTED TO THE SITE, THROUGH PASSWORD MINING OR ANY OTHER MEANS; OR (G) INTERFERE WITH ANOTHER OF OUR USER’S USE AND ENJOYMENT OF THE SITE.
BY UPLOADING MATERIALS OF ANY KIND TO ANY INTERACTIVE AREA OR SUBMITTING ANY MATERIALS TO US, YOU AUTOMATICALLY GRANT (OR WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED) US A PERPETUAL, ROYALTY-FREE, IRREVOCABLE, NON-EXCLUSIVE, WORLDWIDE RIGHT AND LICENSE, WITH RIGHT TO SUBLICENSE, TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, TRANSMIT, PUBLICLY DISPLAY AND PUBLICLY PERFORM, CREATE DERIVATIVE WORKS FROM AND DISTRIBUTE SUCH MATERIALS OR INCORPORATE SUCH MATERIALS INTO ANY FORM, MEDIUM, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED THROUGHOUT THE UNIVERSE. IN ADDITION, YOU WARRANT THAT ALL SO-CALLED "MORAL RIGHTS" IN THOSE MATERIALS HAVE BEEN WAIVED.
WE DO NOT, AND ARE NOT RESPONSIBLE FOR, SCREENING OR MONITORING MATERIAL POSTED BY YOU OR ANY OTHER PERSON OR ENTITY IN INTERACTIVE AREAS. IF NOTIFIED BY ONE OF OUR USERS OF ANY MATERIAL THAT IS ALLEGED NOT TO CONFORM TO THE TERMS OF THIS AGREEMENT, WE MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN OUR SOLE DISCRETION TO REMOVE OR REQUEST THE REMOVAL OF THE MATERIAL. WE RESERVE THE RIGHT TO REMOVE MATERIAL, WHICH IS ABUSIVE, ILLEGAL, DISRUPTIVE, OR THAT OTHERWISE FAILS TO CONFORM TO THIS AGREEMENT. WE RESERVE THE RIGHT TO EDIT OR DELETE ANY MATERIAL POSTED ON OUR SITE, REGARDLESS OF WHETHER SUCH MATERIAL VIOLATES THESE STANDARDS FOR CONTENT. WE HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE SCREENING ACTIVITIES SET FORTH ABOVE.
WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
THE INTERACTIVE AREAS SHALL BE USED BY USERS ONLY IN A NONCOMMERCIAL MANNER. YOU SHALL NOT, WITHOUT OUR EXPRESS APPROVAL, DISTRIBUTE OR OTHERWISE PUBLISH ANY MATERIAL CONTAINING ANY SOLICITATION OF FUNDS, PROMOTION, ADVERTISING, OR SOLICITATION FOR GOODS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT SOLICITING OTHER USERS OF THIS SITE TO JOIN OR BECOME MEMBERS OF ANY COMMERCIAL ONLINE OR OFFLINE SERVICE OR OTHER ORGANIZATION IS EXPRESSLY PROHIBITED.
PRIVACY STATEMENT
IT IS OUR POLICY TO RESPECT THE PRIVACY OF ALL USERS. THEREFORE, SUBJECT TO THE TERMS OF THE SITE’S PRIVACY POLICY <LINK TO THE PRIVACY STATEMENT>, IN GENERAL, WE WILL NOT MONITOR, EDIT, OR DISCLOSE THE CONTENTS OF A USER'S INFORMATION UNLESS REQUIRED IN THE COURSE OF NORMAL MAINTENANCE OF THIS SITE AND ITS SYSTEMS OR UNLESS REQUIRED TO DO SO BY LAW OR IN THE GOOD-FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) COMPLY WITH THE LAW OR COMPLY WITH LEGAL PROCESS SERVED ON EGANU OR A RELATED ENTITY; (2) PROTECT AND DEFEND THE LEGITIMATE BUSINESS INTERESTS, RIGHTS OR PROPERTY OF THE SITE, IT'S USERS OR AFFILIATES; OR (3) ACT IN AN EMERGENCY TO PROTECT THE PERSONAL SAFETY OF OUR USERS OR THE PUBLIC. USERS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THEIR COMMUNICATIONS USING THIS SITE.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS, WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EGANU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. EGANU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ANY PORTION OF IT OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EGANU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION CONTAINED IN THE SITE OR THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EGANU) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOU ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED HERE WITH OTHER SOURCES.
EGANU ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EGANU OR A USER'S OWN ERRORS AND/OR OMISSIONS.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, EGANU DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. IN SUCH STATES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EGANU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR THE MATERIALS IN THIS SITE, OR RELIANCE ON THE CONTENT OF THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EGANU OR A EGANU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. WITHOUT DEROGATING THE AFOREMENTIONED, IN NO EVENT SHALL EGANU'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
REIMBURSEMENT AND INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EGANU, INCLUDING BUT NOT LIMITED TO, ALL OF ITS OWNERS, MANAGERS, OFFICERS AND EMPLOYEES, HARMLESS AGAINST ANY LOSSES, EXPENSES, COSTS, CLAIMS, DAMAGES (INCLUDING EGANU REASONABLE ATTORNEYS’ FEES, EXPERT FEES’ AND OTHER REASONABLE COSTS OF LITIGATION) ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (1) YOUR BREACH OF THE TERMS OF THESE TERMS OF USE, (2) YOUR UNAUTHORIZED OR UNLAWFUL USE OF THE SITE.
FURTHER CHANGES TO SITE
EGANU MAY FROM TIME TO TIME CHANGE SITE'S LAYOUT OR DISPLAY, AS WELL AS THE SCOPE AND AVAILABILITY OF THE SERVICES PROVIDED THEREIN AND ANY ASPECT OF THEM, WITHOUT GIVING YOU PRIOR NOTIFICATION. SUCH CHANGES AS MAY TAKE PLACE WILL TAKE INTO ACCOUNT, INTER ALIA, THE DYNAMIC NATURE OF THE INTERNET AND THE TECHNOLOGICAL AND OTHER CHANGES IT IS UNDERGOING. CHANGES OF THIS TYPE BY THEIR VERY NATURE ARE LIKELY TO RESULT IN GLITCHES OR CAUSE INCONVENIENCE OF SOME KIND. YOU SHALL HAVE NO CLAIM OF ANY KIND WHATSOEVER, OR COMPLAIN OR DEMAND, AGAINST EGANU AND/OR ITS SHAREHOLDERS, OFFICERS OR EMPLOYEES, RESULTING FROM THE INTRODUCTION OF AFORESAID CHANGES OR FROM GLITCHES OR ANY KIND OF FAILURE RESULTING FROM THEIR INTRODUCTION.
GENERAL
THESE TERMS SHALL BE GOVERNED IN ALL ASPECTS BY AND INTERPRETED EXCLUSIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL. YOU AGREE THAT ALL DISPUTE AND DIFFERENCES SHALL BE DETERMINED IN A COURT OF COMPETENT JURISDICTION OF THE TEL-AVIV DESTRICT AND YOU HEREBY CONSENT AND SUBMIT TO VENUE AND PERSONAL JURISDICTION THEREIN.
PLEASE BE ADVISED THAT WE ARE CURRENTLY UPDATING THE TERMS OF USE APPLICABLE TO EGANU.COM AND EGANU.CO.IL WEBSITE AND DUE TO TECHNICAL DIFFICULTIES ARE NOT ABLE TO DISPLAY ALL OF THEM AT THE MOMENT.
NEVERTHELESS, WE ADVISE AND URGE OUR USERS NOT TO USE THE SITE IN CASE THEY DO NOT AGREE TO BE BOUND BY THE FOREGOING PROVISIONS SETTING FORTH CERTAIN TERMS AND/OR TO ANY CHANGE, MODIFICATION, ADDITION, OR REMOVAL OF ANY PORTION OF THE FOLLOWING TERMS AND/OR OF THE TERMS OF USE WHICH SHALL BE APPLICABLE AT ANY TIME (AS WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION TO DO THE SAME).
PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
