TERMS AND CONDITIONS
Last Updated: January 6, 2012
Welcome to the Shark Tooth Ltd. corporate website at www.shtooth.com. Please read these Terms and Conditions carefully before using this website, and check them periodically for changes.
ANY USE OF THIS WEBSITE (the “Site“), OR THE SERVICES AVAILABLE ON THE SITE (including without limitation the content on the Site, software, programs, tools, components, upgrades, updates and all related applications, available now or in the future, collectively the “Service“), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH ALL OF THESE TERMS AND CONDITIONS (the “Agreement“).
We may change the terms of this Agreement or the Service at any time(s) and in our sole discretion, upon posting notice on the Site. Your continued use of the Site or Service shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service.
2. Use of the Site.
Access and use of the Site, the Service and any content made available at the Site or through the Service or that you otherwise obtain in connection with the Site or the Service, is permitted only for your personal non-commercial use, and only as long as you are in compliance with all of the provisions of this Agreement.
We may, for any reason, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate or block current or future access to the Site or the Service (or any portion thereof) without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, our determination that you violated the letter or spirit of this Agreement, submitted data to the Site that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the data that you provided in connection with the Site or Service to us or others is inaccurate, not current, incomplete or breaches the intellectual property rights of a third party.
We encourage you to report to us at email@example.com of any suspected violations of this Agreement or any other additional terms posted on the Site. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including terminating such user’s right to use and access the Site.
3. Personal Data.
Some functions of this Service may require you to provide certain personal information, including among others, name, email address, URL, Company Name (if relevant) and personal and/or business information that you decide to provide to us (collectively, the “Personal Data“).
You agree to (i) provide true, accurate, current and complete Personal Data as prompted by the Site’s processes, and (ii) refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s Personal Data.We assume that any communications and other activities through use of your Personal Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Personal Data. We will not be liable for your losses caused by any unauthorized use of your Personal Data.
You declare that by providing your Personal Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to the Site, Service and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that do not wish to receive such commercial content anymore.
4. User Conduct.
In connection with your use of the Site, the Service and any content thereon, you agree to abide by all applicable local, state, federal, national and international laws and regulations and not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service.
Without limiting the foregoing you may:
- Not Display, distribute or otherwise use any content on the site without our prior written consent.
- Not use the Site, the Service, or any content thereon, or the communication systems provided by the Site, to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise)./li>
- Not interfere with the access, use or enjoyment of this Site or the Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable); harass or defame others; or promote hatred towards any group of people.
- Not harvest or otherwise collect non-public information about another user obtained through the Site, the Service or the communication systems provided by the Site (including without limitation email addresses), without the prior written consent of such user.
- Not add a Site user to your email or physical mailing list without their prior written consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet.
- Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site, the Service, or any content thereon (including without limitation trademarks, service marks and logos contained on the Site (“Marks“)).
- Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Site or any of the Site’s security and traffic management devices, software or routines.
- Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law.
- Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, monitor or scrap information from this Site or the Service, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site).
- Not use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us.
- Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not.
- Not ‘deep-link’, redistribute or facilitate the redistribution of Content.
We cannot and do not assure that other users of the Site are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
5. Our Feeds.
We may from time to time offer our own RSS (“really simple syndication”) or other feeds or podcasts as a free service to users (the “Feed Service“). Your use of the Feed Service is subject to the following terms and conditions:
- You may not charge a fee or otherwise require a user to purchase a product or service in exchange for receiving the Feed Service.
- Use is accompanied by proper attribution to us as the source.
By accessing the Feed Service, you agree that you will not use the service in contravention of the above conditions. We reserve the right to discontinue the Feed Service at any time, and the right to require that you immediately cease any specific use of the Feed Service or to prevent you from using the service.
7. Proprietary Rights.
You acknowledge that all materials and content displayed on the Site and through the Service, including without limitation Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual pieces of content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to such content, the Site and the Service not expressly granted herein are reserved.
You may not use our logo or name in any way whatsoever, without our prior written consent. All use of and goodwill associated with the logo shall inure to our benefit.
We make no claim of ownership as to the trademarks of any vendor listed on this Site, or with respect to any publisher or publication mentioned on this Site, including any goodwill that arises from the use of those trademarks.
If you have a dispute with one or more users on the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9. Links to Other Websites.
10. Disclaimers of all Warranties.
THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY THAT THE SITE, THE SERVICE, OR THE CONTENT THEREON WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE. YOUR USE OF THIS SITE, THE SERVICE AND THE CONTENT THEREON, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
Without limiting the foregoing, we cannot and do not assure that other users of the Site are or will be complying with this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR LICENSORS, BE LIABLE FOR ANY DAMAGES INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL ARISING OUT OF (I) YOUR USE OR INABILITY TO USE ANY PART OF THIS SITE OR THE SERVICE OR ANY SITES LINKED TO OR FROM THIS SITE, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR THE SERVICE, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICE OR YOUR USE OF ANY SERVICES, PRODUCTS OR PROMOTIONS OFFERED BY ANY THIRD PARTY, OR (V) ANY INACCURACIES OR ERRORS OF INFORMATION WITH RESPECT TO THE CONTENT DISPLAYED ON THE SITE OR THROUGH THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL OR OTHER INTANGIBLE DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed the amount of US$100.00. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR ANY CONTENT THEREON; (II) YOUR SUBMISSIONS TO US BY ANY MEANS WHATSOEVER; (III) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS, AND (IV) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
13. Infringement Notices And Takedown.
If you believe that any material contained on this Site infringes your copyright, you should notify this Site’s Designated Agent who is:
Name of Designated Agent: David Cohen
Full Address: 616 Corporate Way, Suite 2 #5240, Valley Cottage NY 10989
Full Address of Designated Agent: 616 Corporate Way, Suite 2 #5240, Valley Cottage NY 10989
Telephone Number of Designated Agent: 1-888-497-6110
Email Address of Designated Agent: firstname.lastname@example.org
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will be governed by Israeli law without regard to its choice of law or conflicts of law principles. The parties to this Agreement consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service. This Agreement comprises the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Site and Service, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
Copyright © 2013 Shark Tooth Ltd. All rights reserved.