1. Resec Ltd. (“Resec”) provides access to this website (the “Site” or “Website”) subject to the terms and conditions set out below. Please read these conditions carefully before using the Website.
2. By using the Website, you signify your agreement to be bound by these conditions, together with the
privacy-policy. If you do not agree to be bound by these Terms please do not access or use the Site. Resec reserves the right to change or modify all or any part of these conditions at any time, effective immediately upon notice published on the Website. If you continue to use the Website after such notice you shall be deemed to have accepted such changes.
3. Payments to Resec. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Resec may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
4. User Submissions.
4.1. Responsibility. Resec may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
4.2. Access to and use of the Website. Resec will endeavor to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Resec accepts no liability if the Website is unavailable for any reason. Resec grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except as indicated on the Website or with the express written consent of Resec.
4.3. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Resec to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
4.4. License to User Submissions. By submitting the User Submissions to Resec, you hereby grant Resec a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Resec’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, including through the blog on the Site, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
4.5. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you might be exposed to User Submissions from a variety of sources, and that Resec is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Resec with respect to (i) and (ii) herein.
5. Intellectual Property Rights.
5.1. Content and Marks. Resec grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except as indicated on the Website or with the express written consent of Resec. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. This license does not include: a right to make any commercial use of this Website or its contents, any use or reproduction of Resec’s name, logo or other trade mark, any derivative use of this Website or its contents, any downloading or copying of information for the benefit of a third-party, or any use of data mining, robots, or similar data gathering and extraction tools. All content included on the Website, including without limitation, the text on the blogs and newsletters, graphics, logos, button icons, images, data compilations, software, and User Submissions, as defined above, is the property of Resec or its content suppliers and is protected by Israel and international copyright and other intellectual property laws. Resec reserves all rights not expressly granted in and to the Site and the Content.
5.2. Use of Content. Resec grants you a limited license to access and make personal use of the Website, but not to download (other than page caching), reproduce, duplicate, copy, sell, resell, visit, modify or otherwise exploited for any commercial purpose except as indicated on the Website or with the express written consent of Resec. This license does not include: a right to make any commercial use of this Website or its contents, any use or reproduction of Resec’s name, logo or other trade mark, any derivative use of this Website or its contents, any downloading or copying of information for the benefit of a third-party, or any use of data mining, robots, or similar data gathering and extraction tools. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software (collectively, the “Materials”), and User Submissions, as defined above (together with the Materials, the “Content”), is the property of Resec or its content suppliers and is protected by Israel and international copyright and other intellectual property laws. Resec reserves all rights not expressly granted in and to the Site and the Content.
6. Prohibited Use. You must not use the Website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; or is impersonates another person; or causes annoyance, inconvenience or needless anxiety. Liability the material and information contained on the Website are for general information purposes only. Resec makes no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information or services contained on the Website for any purpose and, to the greatest extent possible under any applicable law, excludes any implied warranty.
8. Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement.
9. Warranty Disclaimers.
9.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
9.2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. RESEC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT RESEC WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
9.3. YOU SPECIFICALLY ACKNOWLEDGE THAT RESEC SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.4. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT RESEC IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. RESEC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
10. Limitation of Liability.
10.1. To the extent permitted by law, in no circumstance shall ReSec or its representatives, directors, employees, licensors, content providers or affiliates be liable to you for any loss or damage (including without limitation, damages for loss of business or loss of profits) arising directly or indirectly from your use of the Website or any of the material contained in it whether or not we have been advised of the possibility of such loss or damage. To the extent you wish to rely on any information contained in the Website for the purposes of making any investment or other decision (which we do not recommend) we strongly advise that you contact Reec or another suitably qualified advisor before doing so. Nothing in these terms and conditions shall exclude or limit the liability of ReSec for death or personal injury due to its negligence or fraud. The Website may contain links which lead to websites which are not under the control of ReSec. When you use such links and leave the Website you acknowledge and agree that ReSec has no control over and accepts no liability in respect of materials, products or services available on any such website. Accordingly, the inclusion of such links within the Website does not imply a recommendation of or endorse the views expressed within websites which are not under the control of ReSec.
10.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RESEC FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RESEC FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM OR IN CASE THE SITE USE IS FOR FREE, NO MORE THAN $10.
10.3. Resec is not responsible for the content of any website which uses a hyperlink to link to the Website. Some countries’ local laws do not permit the exclusion or limitation of implied warranties or liability for certain categories of loss. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by applicable legal provisions. If you have any questions about how your data is used, please contact ReSec by visiting our contact page or send an email to email@example.com.
11. Indemnity. You agree to defend, indemnify and hold harmless Resec and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
12. Term and Termination. These Terms are effective until terminated by Resec or you. Resec, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Resec shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section and Sections 5 (Intellectual Property Rights), 4.3. (License to User Submissions), 7 (Privacy), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnity), and 13 (Independent Contractors) to 16 (General) shall survive termination of these Terms.
13. Independent Contractors. You and Resec are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Resec. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Resec.
14. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Resec without restriction or notification to you. Any prohibited assignment shall be null and void.
15. Governing Law. Resec reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Resec shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.