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Terms of Use

/Terms of Use
Terms of Use2018-06-06T11:54:22+00:00

Terms of Use

  1. General
    • These Terms (as defined below) are a legally binding agreement between emerest.com (together with its Content and Services, the “Site”), a Site owned by Emerset Ltd., an Israeli private company (hereinafter “Emerset”), and you. Please read the following Terms of Use (the “Terms”) carefully before using this Site so that you are fully aware of your legal rights and obligations with respect to Emerset.
    • The term “us”, “we” or “our”, refers to Emerset, the owner of the Site. The term “you” refers to the User (as defined below), whether by way of viewing, advertising, or any other form in which the site may be used.
    • These Terms govern your access to our Site, the Content (as defined below), the use of the Services (as defined below) and the features contained therein.
    • These Terms are void where prohibited by law, and the right to use the Site is revoked in such jurisdictions.

 

  1. Accepting the Terms of Use
    • These Terms are effective as of the date you access or otherwise use or view the Site, and such access, viewing or use of the Site indicates your acceptance of of the Terms and conditions contained herein.
    • You may not access or use the Site and may not accept these Terms if (a) you are not of legal age to form a binding contract with Emerset according to the applicable law, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Site under the laws of the country in which you are resident or from which you access or use the Site.

 

  1. Definitions

For the purpose of these Terms:

Content” means any data displayed on the Site, whether created and/or posted on the Site, whether published by us or by any other person or entity, including, but not limited to, texts, photographs, graphics, audio and video files, or any other form which contains information.

Services” means the services provided in the Site, including the possibility to access to External Sites (both terms as defined below), links that may be embedded within the Site and any other actions or items supported by or accessible through the Site.

User” means any person or entity accessing the Site.

 

  1. Limited License

Emerset hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, right and license to (a) access and view the Site, and (b) use the Services, all upon condition that you comply with all your obligations under these Terms and all modifications thereto. We grant you no other rights, implied or otherwise.

 

  1. The Site
    • You expressly acknowledge and agree that any access to or use of the Site, and any consequences thereof, are at your sole risk, responsibility and liability.
    • The form and/or features of the Site may change from time to time without prior notice.
    • In addition, we may stop (permanently or temporarily) operating the Site and/or displaying any of the Content, and/or terminate your access to the Site, at our sole discretion at any time without notice and without liability to us.
    • We also retain the right to create limitations of use to you or to any other Users of the Site, at our sole discretion at any time without notice and without liability to us.

 

  1. The Content
    • You agree and acknowledge that any use or reliance on any Content is at your own risk.
    • You represent and warrant that you have (and will continue to have during your use of the Site) all necessary licenses, rights, consents, and permissions which are required to use the Content in the manner contemplated by these Terms.
    • Emerset does not warrant against deletion of any Content, or the failure to recreate, re-upload or re-post any Content to or on the Site.

 

  1. External Sites
    • The Service may enable access to certain third party web sites (“External Sites”).
    • Links to External Sites are the sole responsibility of the owners of such External Sites.
    • Use of External Sites may require Internet access and additional terms of service, which you accept.
    • You understand that by using any of the External Sites, you may encounter content that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to such offensive, indecent or objectionable material.
    • If you decide to leave our Site and access such third-party External Sites, you do so at your own risk, and you should be aware that these Terms and our Privacy Notice no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site.
    • By using the External Sites, you acknowledge and agree that we are not responsible for the External Sites, and that we shall not have any liability or responsibility to you or any other person with regard to any content in the External Sites, including (but not limited to) content that may be found to be offensive, indecent, or objectionable.
    • We make no representation that such External Sites are appropriate or available for use in any particular location.

 

  1. Restrictions on Content and Use of the Site

You may not do any of the following while accessing the Site or using the Services:

  • Use the Site otherwise than in compliance with these Terms and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
  • Facilitate or encourage any violations of these Terms.
  • Except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Site or any of the Content, for any purpose; You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, internal, non-commercial, or non-profit use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;
  • Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Site;
  • Use the Site for any unlawful purposes or for promotion of illegal activities;
  • Use the Site for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing the Site; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site;
  • Do anything that could disable, overburden, or impair the proper working of the Site;
  • Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 8 above.
  • You may provide links to the Site, provided (a) that you do not remove or obscure the copyright notice or other notices on the Site, (b) that you do not deep-link (i.e. include a link to one of our web pages other than the Site home page) to the Site for any purpose, (c) the site from which you provide the links to the Site does not engage in illegal or pornographic activities, and (d) you discontinue providing links to the Site immediately upon request by us.
  • You are solely responsible and liable for, and Emerset has no responsibility to you or to any third party for, any breach of your obligations under these Terms and for the consequences (including any loss or damage which Emerset may suffer) of any such breach.
  • Any use, or attempted use, of the Site and the Content contrary to these Terms is a violation of the rights of Emerset. If you breach these Terms, you may be subject to prosecution and damages.

 

  1. No Warranty
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMERSET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
    • Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

 

  1. Limitation of Liability
    • TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EMERSET, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE SITE, THE SERVICE, ANY CONTENT, ADVERTISEMENT, EXTERNAL SITE AND/OR EXTERNAL SERVICE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT AND/OR ADVERTISMENT INCLUDED IN THE SITE AND/OR IN ANY EXTERNAL SITE AND/OR EXTERNAL SERVICES WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) ANY OTHER MATTER RELATING TO THE SITE,THE SERVICES, THE CONTENT AND/OR ANY ADVERTISEMENT AND/OR ANY EXTERNAL SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF EMERSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS AGAINST YOU.
    • IN NO EVENT SHALL THE TOTAL LIABILITY OF EMERSET, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).
    • Any cause of action by you with respect to the Site and/or Service, must be instituted within one (1) year after the cause of action arose.
    • Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.

 

  1. Indemnity

You shall indemnify and hold Emerset and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Emerset by any User and/or any other third party, due to or arising out of any Content you post on the Site, your use of the Site, your violation of these Terms, and/or your violation of any rights of another party.

 

  1. Ownership
    • You hereby acknowledge that all rights, ownership, title and interest in the Site and the Content (excluding External Sites) and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of Emerset.
    • The Site contains proprietary information and material and trade secrets that are owned by Emerset, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
    • All copyrights in and to the Site and Content posted by Emerset, are owned solely and exclusively by Emerset, (and/or by its licensors), who reserve all their rights in law and equity.
    • You are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to the Site or to any Content, other than as explicitly set forth in these Terms.
    • Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms.
    • THE USE OF THE SITE OR ANY PART OF THE SERVICES OR THE CONTENT, EXCEPT FOR USE OF THE SITE, SERVICES AND THE CONTENT AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF EMERSET AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
    • Emerset reserves all rights not expressly granted to you under these Terms.
    • You agree that the ‘Emerset’ trademark, trade name, service mark, graphics, logo and other brand features used in connection with the Site and Service, are trademarks or registered trademarks of Emerset (collectively, the “Emerset Marks”). Nothing in these Terms gives you a right to use or display the Emerset Marks in any manner.
    • When posting Content using our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the Content, in any media known now or in the future.

 

  1. Termination
    • These Terms shall be effective until terminated by Emerset. Without derogating from Emerset’s right to terminate these Terms above, Emerset, at its sole discretion, without notice to you, may terminate these Terms if you fail to comply with any of the provisions of these Terms, without prejudice to the right of Emerset to be indemnified for its damages and any other right and remedy.
    • In all such cases, these Terms shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 8,9,10, 11, 14 and 15, shall survive such termination for any reason and shall continue to apply.
    • Upon termination of these Terms, you shall cease all use of the Site.

 

  1. Governing Law and Jurisdiction
    • These Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that Emerset shall still be allowed to apply for injunctive remedies in any jurisdiction.

 

  1. Miscellaneous
    • Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
    • Waiver. No waiver on the part of Emerset of any right under these Terms shall be effective unless in writing and signed by Emerset’s duly authorized representative. No waiver on the part of Emerset of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms.
    • Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. Emerset may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

 

  1. Contact Information

If you have any questions or comments regarding these Terms, please contact Emerset at: info@emerset.com.

Last updated: June 2018