TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use ("T&C") apply to all and any visitors or users (collectively regarded as: “User”) of the Website located at http://www.________ ("Website").
This Website and its content are protected by the proprietary and intellectual property rights of the Smart Imaging Consortium and each of its members jointly and separately (the Consortium and its members shall be regarded for the sake of these T&C as the: “Consortium”) or other third parties. By accessing and using the Website, or any of the information and/or content presented in it, the User hereby acknowledges and agrees that he has read and agreed with no exceptions or modifications to be legally bound by these T&C, and other relevant notices or directives as will be provided from time to time by Consortium thereof. DO NOT use this Website in any form if you disagree and do not explicitly accept the T&C. Any form of use by any User of such content (or any information incorporated thereto including inter alia all materials, software, content, services and other communications) published in the Website (the “Material”) is subject to the following Terms and Conditions:
Proprietary and Intellectual Property Rights
The Material in the Website is the property of Consortium, and the Website and all the Material in it may not be used or modified in any form without Consortium’s prior written consent.
The Material is protected, without limitation, by copyright, trademarks and patent laws whether registered or unregistered, in Israel or outside of Israel.
User is granted a personal, non-exclusive, non-assignable, non-sub-licensable, non-transferable and non-commercial use only.
No Material from the Website shall be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Consortium’s or its owner's written permission, except to the extent permitted by law and for a personal, noncommercial and reasonable use only, and provided that the rights incorporated in the Material shall be kept utterly intact. Modification, reproduction, distribution or any other use of the Material without Consortium’s prior written consent is prohibited and shall be regarded as a violation of Consortium's intellectual proprietary rights.
Except as expressly set forth by Consortium, nothing contained herein shall be construed as providing by implication or otherwise any license or right of Consortium or any third party to use the Material.
Third Party Material
User shall defend and hold Consortium or anyone on its behalf harmless with no delay or limitation from any and all liabilities that may result from use of any third party’s Material by the User.
Additional Prohibited Activity
User must exercise caution, good sense and sound judgment in using the Website. User shall be responsible for any Material it places in, transmits to or through the Website or while referring to it.
While using the Website, User shall not submit, post, publish, distribute or transmit to, through or while referring to the Website:
any Material that is illegal, indecent, obscene, defamatory, disparaging, false or misleading or may be regarded as such;
other Material than that which was requested by the User or any application on the Website;
unsolicited advertising, promotional Material, or other forms of solicitation;
Material that may or will infringe the intellectual property, privacy or other rights of Consortium or any third party;
a computer virus, worm, Trojan Horse or other element destructive to the Website or any other hardware or software accessible through the Website, or which may gain unauthorized access to Consortium’s data;
violate any applicable law, regulation or directive;
any information which may assist or permit any person in engaging in any of the activities described above.
User shall not use, without Consortium's prior written consent, any computer code, data mining software, automatic device, program or algorithm, or any manual process to monitor or to copy any of the Website Material.
Privacy and Confidentiality
Any transmission of data or information over the Internet, including via E-mail or this Website, over the Internet may not be secure, and is subject to possible loss or interception. Consortium does not assume any liability for any damage User may experience or costs which may be incurred as a result of such damage, including to personal information. In no event will the information User provides through the Website be deemed to be confidential or create any obligations on behalf of Consortium, or result in any liability to User on Consortium’s part in the event that such information is inadvertently released by Consortium or accessed by third parties without Consortium's consent.
While using Consortium's Website, User may be asked to fill in his contact details according to its personal consideration and to the extent necessary for Consortium's representatives to contact User and provide User with the required services.
Such information will not be used for a different purpose or disclosed to third parties without User's consent, unless otherwise required by means of any applicable law or regulation.
Subject to the legal requirements and applicable directives User is solely responsible and assumes all risks for any use or disclosure of its information on the Website. User is requested to carefully consider any such information disclosure.
Consortium may use, under its own discretion, certain services which provide statistical analysis with respect to the use of the Website. Information about the scope of the use of the Website, frequency of use thereof, origin of users and etc., may be collected. The collected information is for analysis purposes is of statistical nature and does not identify the User personally.
The Material in the Website is provided "as is" and without warranties of any kind. Consortium fully disclaims all warranties, guarantees or representations, expressed or implied, statutory or other, including without limitations, those of merchantability, fitness for a particular purpose, or non-infringement of proprietary and intellectual property rights.
Consortium does not make any representations or warranties regarding the use or the results of the use of the Website and the Material in it or of their correctness, accuracy, reliability or otherwise.
Any action made by any User in connection to the Website is made under User’s own discretion, risk and sole responsibility and User shall solely bear up to the maximal extent all damages that may arise or result of it, including loss of data or damage to User or any third party.
Limitation of Liability and Indemnification
UNDER NO CIRCUMSTANCES SHALL CONSORTIUM OR ANYONE ON ITS BEHALF BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR COMPENSATORY DAMAGES OF ANY OTHER TYPE OF DAMAGE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE AND THE CONTENT IN IT OR ANY USE OF THEM, OR OF ANY SITE REFERENCED THROUGH THEM, EVEN IF CONSORTIUM’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY USING THE WEBSITE, USER AGREES TO FULLY AND EXPLICTLY INDEMNIFY, DEFEND AND HOLD CONSORTIUM OR ANYONE ON ITS BEHALF HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM USER’S BREACH OF THESE T&C AND/OR USER’S ACTIVITIES IN CONNECTION WITH THE WEBSITE.
Changes to T&C Statement
Consortium reserves the right under its sole discretion, to change, modify, delete or otherwise alter the T&C at all times without prior notice. Such changes and/or availability and/or modifications shall become effective immediately upon their posting on the Website. Any changes shall bind all Users of this Website at all times and the User’s entrance or use of the Website’s Material after such changes were introduced constitutes User’s agreement and obligation to such changes.
Applicable Law & Jurisdiction
These T&C shall be governed by and construed in accordance with the laws of Israel. Consortium makes no representation that the content of the Website is appropriate or suitable for use under any particular legal system or jurisdiction. All rights and remedies, whether conferred by these T&C, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The competent courts in Haifa, Israel, shall have exclusive jurisdiction in any legal matter in connection to the Website. By accessing and using this Website, you explicitly agree to the exclusivity of the mentioned governing law and jurisdiction.
If you have any questions, comments or suggestions regarding these T&C or any other subject, including a request to opt-out of future communications from Consortium, please contact us at __________________ with the proper details and we will do our best to promptly respond to your approach.