Overview and Acceptance
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics, services, logos, information, documents or other material presented on the Website (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
DensBits makes significant efforts to protect the privacy of its users. If any personal information, about you or your use of the Website, is collected by DensBits, it is hereby agreed that: (a) to the extent required under applicable data processing laws and regulations, such information will be stored in DensBits’ data base and will be used in accordance with such applicable laws and regulations; and (b) certain such information may be disclosed without your prior consent and without any liability to you or any third party, to the extent necessary to or appropriate to i) comply with applicable laws or in legal proceedings where such information is relevant; ii) protect and defend the rights or property of DensBits or enforce or further the application or intent of these Terms; iii) act to protect the personal safety of its members or the public; or iv) for other reasons that DensBits may disclose to you from time to time.
Information on the Website is not promised or guaranteed to be correct, current, or complete, and the Website may contain technical inaccuracies or typographical errors. DensBits assumes no responsibility (and expressly disclaims responsibility) for updating the Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters that may be described in the Website.
Third Party Content
The Website may include links and access to third party websites and content (“Third Party Content”). Any access to Third Party Content is made at your own risk. DensBits is not responsible for and does not endorse or accept any responsibility for Third Party Content, associated links or services associated therewith, and shall not be responsible for any loss, injury, claim, liability or damage of any kind resulting, directly or indirectly, from any Third Party Content.
Disclaimer of Warranty
USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES THAT MAY BE PROVIDED ON THE WEBSITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DENSBITS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DENSBITS MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Limitation of Liability
IN NO EVENT WILL DENSBITS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DENSBITS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to defend, indemnify and hold harmless DensBits, its affiliates, and their 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 the Website; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Website.
These Terms are governed by the laws of the State of Israel without regard to the conflict or choice of law rules thereof. The competent courts of the district of Haifa, Israel shall have exclusive jurisdiction over any dispute arising hereunder.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DensBits without restriction or notification to you.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Without derogating from the aforesaid, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Last updated: 01.07.2010