IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.1. ACCEPTANCE OF TERMS
- 2.1 LIMITED LICENSE TO ACCESS THE SERVICES.
Subject to the terms and conditions set forth herein, Hyper Systems hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
2.2 LIMITATIONS ON USE.
You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. You hereby declare that you are eighteen (18) years old or older. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer and/or pledge any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Hyper Systems IPR (as defined below) and/or use the Services as a service bureau; (iii) refer to the Services by use of framing and/or deep-linking; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Hyper Systems or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of this Services; (viii) distribute, publish, send, or facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, offensive, threatening, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (x) attempt to obtain private information from other users in any form or manner whatsoever; (xi) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
3. SUBMITTED MATERIALS
- 3.1 SUBMITTED MATERIALS.
You shall have sole responsibility and liability for Submitted Materials (as defined below). Hyper Systems shall not be liable for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or edit any of the Submitted Materials at Hyper Systems's sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES Hyper Systems TO DISPLAY YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER. Please note that any and all of your Submitted Materials will be available to the public and may be promoted and transferred onward by Hyper Systems, at its sole discretion, and thus it is advised not to include in them any content or information that you wish to keep private.
3.2 REPRESENTATIONS AND WARRANTIES.
You represent and warrant to Hyper Systems that your Submitted Materials: (i) comply and will comply with all applicable laws, rules and regulations, the Terms and do not and will not infringe the rights of any third party, including any intellectual property rights and the right to privacy, (ii) do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or any commercial content, (iii) are and shall be free from any restrictions, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies).
"Submitted Materials" shall mean any and all material, text, photographs, videos, and information or other data provided and/or uploaded by you to the Services.
4. OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting therein and/or attached/connected/related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "Hyper Systems IPR") are the property of Hyper Systems and/or its respective affiliates which retain all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Hyper Systems IPR or otherwise. In the event that by operation of law any of the Hyper Systems IPR is not owned in its entirety by Hyper Systems automatically upon its creation, then you hereby irrevocably assign, transfer, and convey to Hyper Systems the ownership of such Hyper Systems IPR, including all right, title, and interest in connection therewith, free of any charge. You agree to assist Hyper Systems, at Hyper Systems's expense, to obtain for Hyper Systems and enforce any Intellectual Property Rights for Hyper Systems IPR worldwide. You will execute any documents that Hyper Systems may reasonably request for use in obtaining or enforcing such Hyper Systems IPR and other legal protections.
"Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
5. USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Hyper Systems that: (a) you have, and will have at all times, all permits, consents and right, title and interest in connection with the Services and as required to fulfill your obligations and grant to Hyper Systems any and all rights, licenses and consents hereunder, including without limitation in respect of the Submitted Material; (b) you and your use of the Services will comply with all applicable laws, rules, regulations, statutes, and ordinances.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE Hyper Systems IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION Hyper Systems IPR, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hyper Systems DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Hyper Systems DOES NOT WARRANT THAT THE Hyper Systems IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.Hyper Systems DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Hyper Systems IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE Hyper Systems IPR. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WITH RESPECT TO EACH AND EVERY CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT Hyper Systems NEITHER PRESUMES NOR COMMITS TO ANALYSE ALL THE PRICES AND OFFERINGS FOR EACH OF THE PRODUCTS IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE, YOU AGREE THAT Hyper Systems'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND GENERATED BY Hyper Systems'S ALGORITHM WHICH TAKES INTO ACCOUNT MULTIPLE PARAMETERS THAT HAVE BEEN SELECTED BY Hyper Systems.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL Hyper Systems AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES AND/OR Hyper Systems IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY Hyper Systems.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to defend, indemnify and hold Hyper Systems and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any losses, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the Services; (ii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right, and including any third party claim in respect of the Submitted Materials; and (iii) any breach of these Terms.
10. THIRD PARTY CONTENT
The Services contain content, links and references to third party services, products and resources. Hyper Systems does not control the availability and content of those third party services, products and resources. Any concerns regarding any such services, products or resources, or any content or link thereto, should be directed to the applicable third party service, product, or resource provider.
Some of the content and materials available through the Services may be provided by third parties. No reference made in the Services to any third party content (including Submitted Materials and advertisements), commercial product, process, or service, or provider of such product, process or service ("Third Party Content") constitute or imply an endorsement, recommendation or favoring by Hyper Systems.
Any opinions, advice, statements, content, services, products, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Hyper Systems and Hyper Systems does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall Hyper Systems be responsible or liable for any of the foregoing. Any product or service ordered in respect of Third Party Content is not ordered from Hyper Systems, but from the applicable third party service or product provider. Hyper Systems is a mere conduit in respect of Third Party Content and is not obligated to screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing.
11. NOTICE AND TAKEDOWN
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to Hyper Systems in the following link: firstname.lastname@example.org, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Hyper Systems IPR immediately (including, without limitation, the license set forth in Section 2.1 above), at our sole discretion and without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 2.2, 3-13.
Without derogating from any other right and remedy provided to Hyper Systems under law and/or these Terms, Hyper Systems reserves the right to limit or revoke your license and access to and/or use of the Services and/or the Hyper Systems IPR in its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms. If your license to use the Services expires or is terminated, Hyper Systems may, without notice, delete or deny you access to any of the Hyper Systems IPR, Submitted Materials or meta data that may remain in its possession or control.
(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv with regard to all claims arising out of, in connection with, or in any way relating to, these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that Hyper Systems has the right, at any time and for any reason, to redesign or modify the Hyper Systems IPR and other elements of the Services or any part thereof; (iv) this is the entire agreement between you and Hyper Systems regarding the subject matter herein; (v) Hyper Systems may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Hyper Systems. Any unauthorized assignment will be void and of no force or effect; (vi) unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Hyper Systems any rights, remedies or other benefits under or by reason of these Terms; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us by sending an e-mail to:email@example.com
Last updated: 25/6/2015