1. Acceptance of Terms
Shibolet reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Services.
If you violate the Terms, Shibolet reserves the right to issue you a warning regarding the violation or to immediately cease your use of the Services. You agree that Shibolet does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice in its sole discretion.
YOU AGREE AND HEREBY DECLARE THAT YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICE, OR YOUR COMMUNICATION WITH US ON THE WEBSITE, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND SHIBOLET.
You should not send us any confidential information in connection with your use of the Services. Such responses will not create an attorney-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed an engagement letter with us.
THE WEBSITE AND THE SERVICES ARE NOT INTENDED TO CONSTITUTE SPECIFIC LEGAL, TAX AND/OR ACCOUNTING ADVICE OR TO BE A SUBSTITUTE FOR ADVICE FROM QUALIFIED COUNSEL AND OTHER TAX OR ACCOUNTING PROFESSIONALS. ANY OPINIONS EXPRESSED ON OUR WEBSITE ARE THE OPINIONS OF THE PARTICULAR AUTHOR AND MAY NOT REFLECT THE OPINIONS OF SHIBOLET. WITHOUT LIMITING THE FOREGOING, OUR WEBSITE MAY NOT REFLECT RECENT AMENDMENTS AND ADDENDUMS TO THE LAW, MAY NOT BE COMPLETE, AND MAY NOT BE ACCURATE IN OR APPLICABLE TO YOUR JURISDICTION.
You agree that Shibolet may change any part of the Services, including its content, at any time, or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.
The Services are made available for personal use only. Therefore, you are not allowed to resell, distribute, monitor, use, copy, deep-link, display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type, in connection with any content or information, software, products or Services available through our Website, for any competitive activity or purpose.
You declare that by acceptance of these Terms and/or by using the Services you are of legal age to form a binding contract with Shibolet, and in any case, at least 18 years of age. You may not use the Services and may not accept these Terms if you are a person barred from using the Services under the laws of the country in which you are resident or from which you access the Services. If the Services or any parts thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Services, and must refrain from using the Services.
2. Grant of License
Subject to your agreement and compliance with these Terms, Shibolet grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use the Website and electronically copy and print copies of the Materials. Use of the Services shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Services shall immediately terminate, and you shall immediately refrain from using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services, and must refrain from using the Services.
3. Description of the Services
On our Website, we provide useful information for entrepreneurs and a document generator, all solely as a self-help platform.
Shibolet cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Shibolet takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4. Access to the Services
It is your sole responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. Shibolet does not provide you with the equipment to access and/or use our Services. You are solely responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers or air time charges).
5. Intellectual Property Ownership
You acknowledge that the Website and Services are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Website and/or the Services, which are provided for your informational and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Materials; (b) the public performance of all or any portion of the Materials; (c) modifying or otherwise making any derivative uses of the Website and/or the Services; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading of any portion of the Website or the Materials, except as expressly permitted on the Website; (f) making any portion of the Website available through any technology now existing or developed in the future; (g) using any automatic or manual process to harvest data from the Website; or (h) any use of the Website and/or the Services for other than its original purpose. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Shibolet and/or its affiliates retain all rights in the Materials. The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Materials without Shibolet’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Shibolet. Any reproduction or redistribution of Materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your use of the Website and the Services as well as severe civil and criminal penalties.
Shibolet and its affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Materials, or rights to any derivative works thereof.
You are not required to provide Shibolet with any feedback or suggestions regarding the Services or any of the Materials. However, should you provide Shibolet with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any of the Materials, then, subject to the terms and conditions of these Terms, you hereby grant Shibolet a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Shibolet chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Shibolet’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Shibolet chooses, but without reference to the source of such comments or suggestions.
6. User Content
You agree that any content published by you through the Website is done so through the use of technology and tools provided by Shibolet. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws.
We do not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement that may be provided by any user (the “User Content”). However, by sending and/or creating User Content and/or using the Services you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Services and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us. We may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of our users may view and use the User Content. You may request that we delete and make no further use of such material by contacting us at: [email protected].
We may or may not regulate User Content and provide no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
We reserve the right (but shall at no time be obligated) to, in our sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Website with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
7. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Shibolet or other users, and that you shall not act in bad faith in your use of the Services. If Shibolet determines that you have acted in bad faith and/or in violation of these Terms, or if Shibolet determines that your actions fall outside of reasonable community standards, Shibolet may, at its sole discretion, terminate your use of the Services and prohibit you from using the Services. You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Shibolet or by applicable statutory law), modify or alter any part of the Services;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
- Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Generate Materials on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Services are accessed;
- Upload or transmit (or attempt to upload or to transmit), without Shibolet’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- Improperly use support channels or complaint buttons to make false reports to Shibolet;
- Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on the Website or otherwise disparages or devalues Shibolet’s reputation or goodwill;
- Make representations with respect to Shibolet not approved in advance and in writing by Shibolet. You shall obtain Shibolet’s prior written approval to the content of any marketing message, and with respect to any use of Shibolet’s trade name and/or trademarks and/or designs in connection with the Services;
- Rent, lease, sell, trade, gift or bequeath your Materials to anyone without Shibolet’s prior written consent;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
- Attempt to use the Services on or through any service that is not authorized by Shibolet. Any such use is at your own risk and may subject you to additional or different terms. Shibolet takes no responsibility for your use of the Services through any service that is not authorized by it;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
- Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
8. Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any Third Party Materials (as defined below) and assume no liability or responsibility for any:
- Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- Direct, indirect, special, incidental, punitive or consequential damages including without derogating monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;
- Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Services;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Services.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES AND/OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US$100.
The security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.
You agree to indemnify and hold us, and each of our managers, directors, officers, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
- Your use of and access to the Services and/or the Materials;
- Your violation of any term of these Terms;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or
- Any claim that any user submission made by you has caused damage to a third party.
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. “Force Majeure” referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
9. Third Party Material
You may be able to access, review, display or use third party services, resources, content, data, information and/or links to other websites or resources (the “Third Party Materials”) via the Services. You acknowledge your sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Shibolet disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that Shibolet: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Shibolet of Third Party Materials or any such third party services.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of Shibolet’s rights and remedies under these Terms and/or under law, Shibolet will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your use of Materials, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Shibolet cannot grant permission to use third party content.
10. Links, Search Engines
The Services may contain links to other websites or resources (the “Linked Sites”). The Linked Sites are not under the control of Shibolet and Shibolet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Shibolet is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Shibolet of the site or any association with its operators. You acknowledge and agree that Shibolet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Copyright Infringement Notification
While using the Services you may encounter copyright infringement. Please see the procedure for making claims of copyright infringement set forth below. Our policy is to respond to notices of alleged copyright infringement in accordance with the procedure described below.
If you believe that your material or anyone else’s material has been used or published in the Services in a way that constitutes copyright infringement, or your or anyone else’s intellectual property rights have been otherwise violated, please provide us with a formal notice in accordance with the procedure set forth herein and containing the following information:
- Identification of the specific copyrighted work that you believe has been infringed upon;
- Identify the web page within the Services containing the copyrighted material or intellectual property that you claim has been infringed and, if possible, the contact information for the person you believe is responsible for the infringing act in connection with that material. Describe in detail the content on the page(s) you believe infringes upon the material identified above, including whether the content is a particular image or written material;
- Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”;
- Provide your name, mailing address, telephone number and e-mail address;
- A signed statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
- Please send the written notice to: Shibolet & Co., Law Firm, Museum Tower, 4 Berkowitz St., Tel-Aviv 6423806; e-mail: [email protected].
Please note that we reserve the right to send any notice we receive to a third-party and to post your notice in place of any removed content. We will respond and/or take action on all complete notices within 3 business days of receiving your notice and reserve the right to communicate with you via e-mail or other means.
Notices to you may be made via the Services and/or e-mail. Shibolet may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that Shibolet provide as aforementioned satisfy any legal requirement that such communications be in writing.
By accessing or using the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Shibolet. Any claim or dispute between you and Shibolet that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Shibolet reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND SHIBOLET AGREE THAT 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.
For any questions about these Terms or any other issue regarding Shibolet or the Services please contact us at: [email protected].
Last update: July 1, 2018.
All rights reserved, Shibolet & Co., Law Firm