- Tosaf retains all right, title, and interest in and to the Website (including all related intellectual property rights). Subject to these Terms and Conditions, Tosaf hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Website. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Tosaf with respect to the Website, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
- All photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the « look and feel » of the Website, algorithms, source and object code, interface, GUI, and other features obtained from or through the Website as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by Tosaf or any third party on its behalf to the Website, are the sole property of Tosaf and/or their licensors (“Tosaf’s Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Tosaf or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Tosaf’s Content or any part thereof.
- You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the Website in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right to privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (iii) is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (c) use any equipment, software or other item that contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (d) create a false identity or impersonate another person; (e) “stalk” or otherwise harass another or use any means that is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the Internet; or (f) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
- In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Website; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Website or any part thereof; (d) modify, reproduce, or create derivative works from the Website or any part thereof; (e) access the Website or Tosaf’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (d) use the Website in any manner that is illegal or not authorized by these Terms and Conditions.
- You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Website on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the Website by a third party We encourage You to notify us at the following link – https://www.tosaf.com/contact-us/.
- If You send Tosaf feedbacks or suggestions regarding the Website, You acknowledge that Tosaf may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
- You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website, and for any fees charged by third parties in connection therewith, and Tosaf shall have no responsibility or obligation in connection therewith.
- Tosaf may (i) change, suspend or discontinue the Website (or any part thereof) at any time, including the availability of any feature, content or database, without notice or liability; (ii) offer alternative and/or additional Website to certain Users, that may not be offered to other Users. You acknowledge that Tosaf may charge a fee for the use of any website or service, provided that Tosaf notifies You of any such fee before You incur it. In addition, Tosaf may impose limits on certain features or restrict your access to the Website (or any part thereof) without notice or liability.
- We welcome links to any page on our Website. You are free to establish a hypertext link to the Website so long as the link does not state or imply any connection or approval of your website, products and/or services by Tosaf, and does not portray Tosaf in a false or otherwise offensive manner. However, We do not permit framing or inline linking. In addition, You may not link to our Website from a site that You do not own or have permission to use. In the event that You link to Tosaf’s Website You represent that your site does not contain content that is unlawful, offensive or infringing third parties’ rights.
Tosaf may terminate or suspend your license, account and access to the Website (or any part thereof) immediately, without prior notice or liability, if You breach, or fail to comply with, any of the Terms and Conditions hereof. Tosaf may also terminate a User’s access to the Website, if such User is determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Tosaf.
WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. SUBJECT TO APPLICABLE LAW AND TO THE PROVISIONS OF THESE TERMS AND CONDITIONS THE WEBSITE IS SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. TOSAF DOES NOT WARRANT THAT THE USE OF THE WEBISTE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TOSAF MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TOSAF, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER TOSAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF TOSAF AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE WEBSITE EXCEED THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO TOSAF FOR THE SERVICE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
- WITHOUT DEROGATING FROM THE FOREGOING, TOSAF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Upon its first demand, You agree to defend, indemnify and hold Tosaf, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, inability to use and/or activities in connection with the Website and/or Content; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any User or third party rights, including without limitation privacy right, copyright or any other intellectual property rights of such User or third party; (iv) any user generated content, including without limitation, any feedbacks and/or suggestions of Tosaf’s services that You uploaded through the use of the Website; and (v) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Website. It is hereby clarified that this defense and indemnification obligation will survive these Terms and Conditions.
Without derogating from the foregoing, We reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event You will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by You without first obtaining our prior express written approval.
REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS
If You believe in good faith that any material or Content made available on or through the Website has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof at the following link – https://www.tosaf.com/contact-us/.
- These Terms and Conditions and its performance shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the authorized courts of Tel Aviv – Jaffa district.
- Tosaf reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, Tosaf will post its updated Terms and Conditions on the Website. Your continued use of our Website will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website. If You do not cease using the Website, You will be deemed to have accepted those modifications.
- Tosaf may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
- These Terms and Conditions will also govern any future upgrades or updates or new releases provided by Tosaf in connection with the Website, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
- In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of Tosaf to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Tosaf in writing.
- If You have any questions or queries about these Terms and Conditions or our Website in general, please do not hesitate to contact us at the following link – https://www.tosaf.com/contact-us/.