IMPORTANT: BY ACCESSING AND/OR USING THE WEBSITE (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE WEBSITE.
1. Acceptance of Terms
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on the Website. You should check our Website periodically and review changes to the Terms. By continuing to use the Website following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Website.
2. Disclaimer and Limited Warranty
The sole purpose of this BETA Version of the proprietary platform available on the Website (the "BETA Version" or the “Product”) is to obtain feedback on its performance, enrich its performance, and to identify defects (hereinafter referred to as “Testing”). You expressly acknowledge that the BETA Version is a test product and may contain bugs, errors and other problems that could cause inconsistent performance and other failures. As more users use the BETA version, it shall store new varied data, and output may vary from time to time as more information is accumulated and the BETA Version is improved. You are advised to use caution and not to rely in any way on the performance and functioning of the BETA Version. The BETA Version is made available to you free of charge and no warranty shall be provided for the BETA Version, except for the operability of the BETA Version. This free BETA Version is a limited time offer, and charges may apply at a later date.
Please be are aware that the Services have been launched in the framework of the BETA Version which are expected to run for a period of 24 months (the "BETA Version Period"). After completion of the Beta Version Period, the Site may decide to: (i) continue to provide the Services under these Terms or any amended Terms; or (ii) discontinue the Services. In the event that the Site elects to discontinue the Services after the BETA Version Period, the Site will clearly place a notification on the Site and you will not be charged (if you subscribed to any subscription Services) for any additional Services after termination of the BETA Version Period.
THE BETA VERSION AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR (as defined below), INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE WEBSITE MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE COMPANY IPR. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY IS UNDER NO CIRCUMSTANCES A PARTY TO ANY TRANSACTION YOU ENTER INTO WITH A THIRD PARTY AS A RESULT OF YOUR USE OF THE WEBSITE,
Subject to the terms and conditions set forth herein, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Website and particularly the BETA Version only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. You shall have no right to grant any sub licenses with respect to the BETA Version or any component(s) thereof. Except for the license rights granted to You hereunder, You shall have no right, title or interest in and to the BETA Version or any component(s) thereof, including, without limitation, the Documentation, or to any of the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.
4. Limitations on Use
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Website and/or the Company IPR (as defined below); (iii) refer to the Website by use of framing; (iv) make use of the Website in any jurisdiction where same are illegal or which would subject Company or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Website through or use with the Website any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Website; (viii) perform any act that destabilizes, interrupts or encumbers the Website or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Website, in a given period of time, than a human can reasonably send in that time period by using the Website; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Website and/or any other software available on the Website or create derivative works thereof; or (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website.
You are allowed to publish your personal use of the Product provided that any kind of publication shall include the Company's registered trademark and a copyright notice as follows: Val® is a registered trademark of Mamay Ltd. and measurements in Val® are only available at: www.valiber.com
You are solely responsible for any actions performed in the Website under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information.
5. Ownership of Proprietary Rights
The Website, including without limitation any underlying data, software, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, videos, sound, music, organization, structure, "look and feel" and features, Feedback (defined below) and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the exclusive property of Company and/or its licensors who retain all right, title and interest in connection therewith.
No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Website with respect to the Company IPR or otherwise, except for the limited license set forth in Section 3 above.
“Feedback” means comments, questions, suggestions, ideas, bug notes and user experience reviews regarding the Website.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) Company's registered trademark val and other trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
7. Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE OR COMPANY IPR, OR RELIANCE THEREON OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to any breach of these Terms.
9. Third Party Content
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Site and/or Services immediately upon written notice, in the event that the Company has reasonable basis to suspect that you violated or intends to violate any term of these Terms. You may terminate these Terms upon thirty (30) days prior written notice, in the event that the Company violates these Terms and fails to cure such breach within the notice period. Upon termination, all licenses granted to you shall automatically expire, you shall immediately cease using the Site, pay the Company any and all applicable fees and payments due as of termination and the following sections shall survive: 1, 3 and 5-12.
(i) These Terms shall be governed by and construed in accordance with the laws of the State of Israel without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach of any provision of these Terms by you, Company could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Company may otherwise be inadequate and Company shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Company shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) You acknowledge and agree that Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other elements of the Website or any part thereof; (v) these Terms are the entire agreement between you and Company regarding the subject matter herein; (vi) Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect; (vii) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Company any rights, remedies or other benefits under or by reason of these Terms; (viii) Company’s failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending contacting us here
Last updated: October 1, 2022 00:00