In consideration of your use of נחום שחף, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You are responsible for maintaining the confidentiality of your נחום שחף account password, and are responsible for all activities that occur under your account. You agree to immediately notify נחום שחף of any unauthorized use of your password or account or any other breach of security. נחום שחף cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
נחום שחף reserves the right to refuse service to anyone at any time without notice for any reason.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using נחום שחף services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree that you are responsible for your own conduct and Content while using נחום שחף and for any consequences thereof. You agree to use נחום שחף only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using נחום שחף, you will not:
·defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
·upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
·upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
·upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
·download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
·impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
·restrict or inhibit any other user from using and enjoying נחום שחף services;
·use נחום שחף services for any illegal or unauthorized purpose;
·remove any copyright, trademark or other proprietary rights notices contained in or on נחום שחף services;
·interfere with or disrupt נחום שחף services or servers or networks connected to נחום שחף services, or disobey any requirements, procedures, policies or regulations of networks connected to נחום שחף services;
·use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of נחום שחף services or collect information about users for any unauthorized purpose;
·submit Content that falsely expresses or implies that such Content is sponsored or endorsed by נחום שחף;
·create user accounts by automated means or under false or fraudulent pretenses;
·promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
·transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
While נחום שחף prohibits such conduct and Content in connection with נחום שחף, you understand and agree that נחום שחף may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to נחום שחף.
You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use נחום שחף at your own risk.
נחום שחף’s Rights
You acknowledge and agree that נחום שחף and any necessary software used in connection with נחום שחף services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through נחום שחף services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by נחום שחף or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on נחום שחף services or the Software, in whole or in part.
נחום שחף grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to נחום שחף services. You agree not to access נחום שחף by any means other than through the interface that is provided by נחום שחף for use in accessing נחום שחף services.
נחום שחף claims no ownership or control over any Content submitted, posted or displayed by you on or through נחום שחף. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through נחום שחף and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through נחום שחף services which are intended to be available to the general public, you grant נחום שחף a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on נחום שחף services solely for the purpose of displaying, distributing and promoting נחום שחף services. This license terminates when such Content is deleted from the נחום שחף service to which you originally submitted. נחום שחף reserves the right to syndicate Content submitted, posted or displayed by you on or through נחום שחף and use that Content in connection with any of the services offered by נחום שחף. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content.
POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES
It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law.
Any use of נחום שחף's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with נחום שחף's then current Brand Feature use guidelines, and any content contained or reference therein.
By submitting Content to נחום שחף, you authorize נחום שחף to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with נחום שחף's authorized distribution of the Content.
SUBMISSION OF CONTENT THROUGH A DATA FEED
Certain types of Content may be submitted to נחום שחף electronically via technical specifications provided to you by נחום שחף (the "Data Feed"). You agree to comply with the then-current specifications provided by נחום שחף to enable proper delivery and display of the Content. If the Content submitted via the Data Feed contains URLs (or equivalent thereof) that you are submitting to נחום שחף, you agree that נחום שחף has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof (without regard to any robots.txt file which does not authorize crawling) in connection with נחום שחף's authorized use of the Content.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that נחום שחף has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by נחום שחף services. You acknowledge that נחום שחף has set no fixed upper limit on the number of transmissions you may send or receive through נחום שחף services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of נחום שחף services, use of נחום שחף services, or access to נחום שחף services.
MODIFICATIONS TO SERVICE
נחום שחף reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the נחום שחף service (or any part thereof) with or without notice. You agree that נחום שחף shall not be liable to you or to any third party for any modification, suspension or discontinuance of נחום שחף services.
You may cancel your use of נחום שחף services and/or terminate this Terms of Service with or without cause at any time by providing notice to נחום שחף at email@example.com; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. נחום שחף may at any time and for any reason, including a period of account inactivity, terminate your access to נחום שחף services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless נחום שחף has previously canceled or terminated your use of נחום שחף services (in which case subsequent notice by נחום שחף shall not be required), if you have provided an alternate email address, נחום שחף will notify you via email of any such termination or cancellation, which shall be effective immediately upon נחום שחף's delivery of such notice. Sections 13 through 19 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
נחום שחף services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because נחום שחף has no control over such sites and resources, you acknowledge and agree that נחום שחף is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that נחום שחף shall 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.
You agree to hold harmless and indemnify נחום שחף, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of נחום שחף services, violation of these Terms of Service or any other actions connected with use of נחום שחף services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, נחום שחף will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF נחום שחף SERVICES IS AT YOUR SOLE RISK. נחום שחף SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. נחום שחף EXPRESSLY DISCLAIMS 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.
נחום שחף MAKES NO WARRANTY THAT (i) נחום שחף SERVICES WILL MEET YOUR REQUIREMENTS, (ii) נחום שחף SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF נחום שחף SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH נחום שחף SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF נחום שחף SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM נחום שחף OR THROUGH OR FROM נחום שחף SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT נחום שחף SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF נחום שחף HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE נחום שחף SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM נחום שחף SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON נחום שחף SERVICES; OR (v) ANY OTHER MATTER RELATING TO נחום שחף SERVICES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree that נחום שחף may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on נחום שחף services