Prior the purchase of the Octopus software please read carefully the following online purchase agreement.
It is hereby clarified that by online purchasing of the Octopus software (“The service” or “Octopus system” or ” Octopus software” or “Octopus platform” or “Octopus module” or “Octopus modules” or ” Octopus Cloud-based platform”) you are aware, and give your express explicit consent to the:
Of the Octopus system and to the terms and condition of this online purchase agreement:
1. The following online purchase agreement (these “Terms”) create a binding legal agreement between you, either an individual user of at least 18 years of age or, alternatively, a single legal entity (“You” or “Your”) and Octopus Systems, LTD (“Octopus” or “The Company” or “We” or “Us” or “Our”), regarding Your use of the Octopus Cloud-based platform service and related services, and products, which are owned, controlled, or licensed by The Company.
2. By accessing and using the Service, or by otherwise indicating your acceptance of these Terms, You agree to be bound by these Terms. You hereby represent and warrant to Octopus that You are at least eighteen (18) years of age or are otherwise capable of entering into and performing legal agreements. If you do not agree to each and every term of these Terms, You must not click “I Accept” or “I Agree” (or similar consent language); and, You may not use any portion of the Service; instead, you must notify The Company immediately and The Company will provide you with a refund of any paid but unused Fees (as defined herein) if you have not used the Service.
3. If You use the Service on behalf of a legal entity (such as a company), You hereby represent to Octopus that You have the authority to bind that entity and that Your acceptance of these Terms will be treated as acceptance of these Terms by that entity; in that event, “You” and “Your” will refer to that entity herein.
4. When using the Service, You will be subject to and will comply with any additional policies, guidelines, or rules applicable to You or to specific services and features which may be posted or distributed from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any other document that has been incorporated by reference herein, these Terms will control.
5. The company reserves the right, at The company’s discretion, to change, modify, add, or remove portions of these Terms and any additional policies at any time by posting the amended Terms and policies to the Service or to www.octopus-app.com (the “Site”). Please check these Terms, the Site, and each of the Policies periodically for changes. Your continued use of the Service after The company has posted or otherwise notified You of changes to these Terms or any Policy constitutes Your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or Fees (as defined herein) will automatically be effective upon being posted to the Service or to the Site (or such later effective date as may be indicated at the top of such revised Terms).
6. Your account and Access to the Service:
6.1. To obtain access to the Service, You may be required to obtain an account with The company (become a “Registered User”), by completing a registration form and designating a user ID and password. Until You apply for and become a Registered User, Your access to the Service will be limited, if any.
6.2. When registering with The service You must: (a) provide true, accurate, current, and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times.
6.3. Subject to completing the full registration process to the service include supplying full payment data as required you will be received three emails notification within an hour.
6.3.1. Notification of purchasing
6.3.2. Access data (username, password, and related links)
6.3.3. Schedule which the customer service department will contact you for initial setup of the system (usually within two business days).
6.4. Only You may use Your account. You must keep Your account and passwords confidential and not authorize any third party to access or use the Service on Your behalf unless We provide an approved mechanism for such use. You must contact us right away if You suspect misuse of Your account or any security breach in the Service. You are responsible for all activities that take place with Your account. Without limiting any limitation of liability in these Terms, The company will not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with Your failure to comply with this Section 6.
6.5. If a third party such as an employer-provided Your account or directed or authorized the creation of Your account, that third party has rights to Your account and may: manage Your account, reset Your password, or suspend or cancel Your account; view Your account’s usage and profile data, including how and when Your account is used; and view information in Your account. If You are an individual Registered User of the Service, and the domain of the primary email address associated with Your account is owned by an organization and was assigned to You as an employee, contractor or member of such organization and that organization wishes to establishes a commercial relationship with Us and add Your account to such a relationship, then, if You do not change the email address associated with Your account, Your account may become subject to the commercial relationship between The company and such organization and controlled by such organization
6.6. You will use reasonable efforts to communicate these Terms to anyone who may or will come into contact with or use the Service through Your account, including, without limitation, any employees, contractors, agents, customers or users. You will ensure such third parties’ compliance with these Terms and will be liable to Us for any act or omission by any such third party to the same extent that You would have been liable to Us had You committed such act or omission.
7. Ownership and License to Octopus Software:
7.1. Subject to Your continued compliance with these Terms and timely payment of Fees, The company will use commercially reasonable efforts to provide the Services to You on a non-exclusive, non-transferable, and revocable basis. The company reserves the right, in its sole discretion, to make unscheduled changes, updates, or enhancements to the Service at any time. The company may add or remove functionalities or features, or suspend or stop the Service altogether, at any time and without providing prior notice to You. You may use the Service solely to stream Content (as defined herein) over the internet and/ or other communications networks and/ or other IoT devices, as provided herein.
7.2. The Service utilizes technology to track and report usage and similar functionality. You may not remove, obscure, disable or otherwise interfere with the foregoing. The company may use data collected from the foregoing for any commercially reasonable purpose without obligation to you. Nevertheless, The company is committed to maintaining the confidentiality of data in its databases, including protecting the privacy of our Customers (You Or/ And Your Or/ And The Customer and/ Or Customer’s employees and/ Or Customer’s Users and/ Or Customer’s end users). However, the responsibility for the protection of the privacy and security of the information of the Customer rests entirely and exclusively upon the customers. Please note that in accordance with the GDPR Regulations, you must ensure that your own subordinates comply with the privacy and data protection policies of your organization, regardless of The company privacy statements and the company information security policy. You must conspicuously make persons who come into contact with the Octopus software aware of your privacy and data use policies and You must comply with all applicable laws regarding the same. You hereby confirming that you are or you will maintain your own security and privacy policies in regards to the use of the Service. We also encourage you to read our Security policy.
7.3. Except for Your Content (as defined below), the data, software, and materials in, on, and used to provide the Service including, without limitation, the Octopus platform, and the text, graphics, interactive features, and trademarks (including logos), as well as the selection, organization, coordination, compilation, and overall look and feel of the Service (collectively, the “Materials”) are the sole intellectual property of The company. The Materials are protected by copyright, trade dress, patent, trademark, and other laws, as well as international conventions, and proprietary rights. Except as expressly authorized under these Terms or otherwise in writing by The company, You will not sell, license, distribute, copy, modify, publicly perform, display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials or the Service. You will retain all copyright, trademark, or other proprietary notices of The company. The company reserves all rights in and to the Service, and Materials not expressly granted to You.
7.4. In the event that You provide comments, suggestions, ideas, or recommendations to The company with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback”), You hereby grant to The company a worldwide, royalty-free, irrevocable, transferable, perpetual license to use and otherwise incorporate any Feedback in any way The company desires, including without limitation in connection with the Service; in no event will The company owe you anything with regard to Feedback or The company’s use of Feedback.
7.5. Subject to your continued compliance with these Terms and timely payment of all Fees due to The company (both hereunder and pursuant to any other obligation You may have to The company), The company grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use, download, access, operate, integrate, and install the The service and its mobile application (as may be distributed by The company from time to time) solely for the purpose of your own use. You may not distribute, re-license, sell, lease, transfer, or make the service available for public use.
7.6. You may not use the Service for any illegal purpose.
8.1. We don’t claim ownership of any data content that is uploaded or transmitted to, or stored, distributed, processed, or displayed by the Service (collectively, “Content”). We also don’t control, verify, or endorse the Content that You and others make available to, on, through, or from the Service. We may provide functionality and compatibility with third-party services that allow You to control who may access Your Content.
8.2. GDPR: To help you to meet the General Data Protection Regulation, The company manages legally registered databases (“The database”) in the state of Israel. All data content is subject to The database and being controlled by the company. However, you have the full ownership of the content as required by the GDPR. Please take a moment and read our Privacy Statement.
8.3. Your Content is considered confidential information, and The company has the obligation to keep Your Content confidential or secret. Notwithstanding ,You hereby grant The company and its contractors the right, to view, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content to the extent necessary (as determined by The company in its sole discretion) to provide the Service, to comply with any law or judicial order, for promotional or similar purposes, or as otherwise permitted by these Terms. .
8.4. You represent, covenant, and warrant that: (a) You have or You will have or You will act to obtain legally all the rights in the Content You will use and upload to the Service; and, (b) the storage, use or transmission, or display or playback, of the Content and Your use of the Service, doesn’t violate any law, these Terms, or the rights of any third party.
8.5. When using the Service, You may be exposed and use content and information from a variety of sources (“Third Party Content”). Such Third Party Content may be inaccurate, offensive, indecent, or objectionable. The company is not responsible for any Third Party Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any Third Party Content. The company does not endorse any Content or Third Party Content or any opinion, recommendation, or advice expressed therein, and The company expressly disclaims any and all liability arising from the Content or Third Party Content. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO AND WILL INDEMNIFY AND HOLD THE COMPANY PARTIES (AS DEFINED BELOW) AND ITS LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND USE OF THE SERVICE
8.6. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8.7. You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content complies with these Terms and any and all applicable laws and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including without limitation, any notice sent to You by any person or entity claiming that any Content violates any person’s rights, such as privacy information; and (d) maintain appropriate security and protection, which may include Your use of Security and privacy policies to protect the Content from unauthorized access. The company will have no liability of any kind of unauthorized access or data leakage or data modification or data deletion as a result of a failure to maintain appropriate security and protection from Your side.
8.8. You will immediately (upon becoming aware) notify The company in writing of any unauthorized use of: (a) any Content; (b) any account associated with the Service; or (c) the Service. In the event of any such unauthorized use by any third party that obtained access through You, You will take all steps necessary to immediately terminate such unauthorized use. You will provide The company with any cooperation and assistance related to any such unauthorized use as The company may reasonably request.
9.1. The fees applicable for the Service (“Fees”) are available within the Service, on the Site, or in The company’s then-current published price list. The prices stated for the Service exclude all taxes and charges unless stated otherwise. You’re responsible for and will pay any taxes and all other charges (for example, currency exchange settlements). You will pay all Fees in U.S. Dollars and through a payment type, mechanism, and process approved by The company in its sole discretion
9.2. In addition to any Fees, You may still incur charges incidental to using the Service from The company or from third parties; these charges could include, for example, charges for Internet access, data roaming, and other data transmission charges.
9.3. Notwithstanding anything to the contrary herein, The company may suspend or cancel Your access to the Service if You fail to pay (or fail to permit The company to collect) all Fees, as determined by The company in its sole discretion.
9.4. You must be authorized to use the payment method that You provide when You create a billing account. You authorize The company to charge You for the Service using Your payment method and for any paid feature of the Service that You choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; (d) on a recurring basis for subscription Services; or (e) in a “threshold” manner, such that we bill and charge Your designated method of payment at any time Your account balance reaches a level we designate. The company may bill You simultaneously for more than one of Your prior billing periods. Once You have signed up for a recurring subscription term or once The company has informed You that the Service will be provided indefinitely or automatically renewed, We may automatically renew Your Service and charge You for any renewal term.
9.5. You will keep all information in Your billing account current. You can access and modify Your billing account information using the Site. You may change Your payment method to another payment method then-approved by The company at any time. If You have a $0 balance due with The company and tell The company to stop using Your payment method, and The company no longer has an approved method of payment on file for You for charges related to the Service, We may cancel Your account or access to the Service. Your notice to The company will not affect charges We submit to Your billing account before We reasonably could act on Your request.
9.6. The company will notify You in advance, either through the Service or by email to the email address You have most recently provided to The company if We change one or more prices of the Service. If there are a specific length and price for Your Service offer, that price will remain in force for that time; after that period ends, Your use of the Service will be charged at the new price. If Your Service is on a period basis (for example, monthly) with no specific length, The company will notify You of any price change at least 30 days in advance. If You don’t agree to these changes, You must cancel and stop using the Service through a cancellation process then-approved by The company no later than fourteen (14) days prior to the conclusion of Your current payment term, whether monthly, yearly or otherwise. If You cancel, Your Service will end at the end of Your current Service period or, if The company bills Your account on a period basis, at the end of the period in which You properly canceled. If You fail to cancel as required, The company will have the right to automatically renew the Service for the same term and will charge Your payment information on file with Us commencing on the first day of the renewal term.
9.7. Payments for Fees related to all of Your accounts are due upon invoicing of such amounts by The company unless otherwise agreed to by The company in writing; this may mean that The company will automatically charge Your approved method of payment when Your account for the Service reaches a balance threshold established by The company. If payment is not received by The company on the due date or if You fail to maintain an approved and valid method of payment on file with The company at all times, Your account may be frozen, inaccessible, or canceled, and all shared links turned off, until all outstanding payments have been received and processed by The company. You will settle all outstanding balances in a timely manner and maintain current billing information. If not complied with, Your account may be deactivated; and, Your use of the Service may be terminated.
9.8. Unless We notify You otherwise, if You’re participating in any trial period offer, You must cancel the Service by the end of the trial period to avoid incurring new charges. If You do not cancel Your Service within such time, You authorize Us to charge Your payment method for the Service.
9.9. Except as specifically set forth in this section, all Fees are non-refundable
9.10. Except as prohibited by law, The company may assess a late charge if You do not pay on time. You must pay these late charges when We bill You for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. The company may use a third party to collect past due amounts. You will pay for all reasonable costs The company incurs to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. The company may suspend or cancel Your Service if You fail to pay in full on time.
10. Prohibited Uses
10.1. You will not, and will not encourage, assist, or permit any other person or entity to (the following collectively may be referred to as the “Prohibited Uses”):
10.1.1. Upload to, produce on, or distribute, display, or playback via the Service any Content that violates any law, regulation, treaty, or third party right (including, without limitation, trade secret, intellectual property, privacy, or publicity rights).
10.1.2. Publish falsehoods or misrepresentations that could damage The company or any third party.
10.1.3. Post, upload, create, or distribute Content that, in The company sole discretion, is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive; or post, upload, create, or distribute Content that encourages conduct that could be considered a criminal offense, give rise to civil liability, violate any law, or is or could otherwise be harmful, inappropriate, or dangerous;
10.1.4. Perform any fraudulent activity, including without limitation, impersonate another person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission;
10.1.5. Misrepresent the source or rights-holder of Content
10.1.6. Use the Service for any purpose other than as intended by The company including without limitation as to the sole repository for your Content;
10.1.7. Use the Service in any situation in which the failure of the Service to operate, to operate without error or delay, or to fail to preserve Your Content could result in injury, harm, or death to any person or entity;
10.1.8. Circumvent, disable, or otherwise interfere with the security or intellectual property protection-related features of the Service;
10.1.9. Unless We agreed otherwise in writing; Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer or share the rights provided under these Terms;
10.1.10.Delete, modify, or obscure indications or notices regarding the copyright or other rights in the Service or in any Content;
10.1.11. Make unsolicited offers, advertisements, or proposals, or send junk mail or spam related in any way to the Service;
10.1.12. Use the Service for any illegal purpose, in violation of any law, or to defame, abuse, harass, threaten, stalk or otherwise violate the legal rights of a third party;
10.1.13. Use or collect information about people in any way illegal way, violates the rights of such people or is otherwise prohibited;
10.1.14. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, including any Material;
10.1.15. Modify, adapt, translate, or create derivative works based on the Service or the Materials, or on any part thereof;
10.1.16. Interfere with or damage the operation of the Service or any party’s enjoyment of the Service by any means (as judged in The company sole discretion);
10.1.17. Take any action that imposes or may impose, in The company’s sole discretion, an unreasonable or disproportionally large burden on The company’s or the Service’s infrastructure, or on the Service;
10.1.18. Store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses, or other harmful or deleterious computer code, files or programs, such as Trojan horses, worms, time bombs, cancelbots, or spyware;
10.1.19. Access or attempt to access The company’s other accounts, computer systems, or networks not covered by these Terms, through password mining or any other means; or
10.1.20. Use the Service or any third-party service(s) to export or re-export Content, the Service, or Materials in violation of applicable law and regulation, including without limitation applicable provisions of the GDPR and related rules.
11. Termination; Violations
11.1. The company may, in its sole discretion, for any or no reason, and without penalty suspend or terminate any account (or any part thereof) You may have with The company, or Your use of or access to the Service, or remove or discard all or any part of Your account, user profile, and any Content, at any time and without providing prior notice to You. The company will not be liable to You or to any third party for any such termination, suspension, or removal or deletion of Content regardless of the reason for such action. The company may refer to any suspected fraudulent, abusive, or illegal activity may to appropriate law enforcement authorities. These remedies are in addition to any other remedies The company may have at law or in equity. If The company terminates the Services for convenience prior to the completion of any particular subscription period, Your sole remedy is a pro-rata refund of the unused portion of the purchase price paid for the unavailable Service. Usage-based charges are not refundable for any reason. THE COMPANY RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICE OR THE CONTENT ON THE SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION; AND, THE COMPANY WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
11.2. No person shall infringe the privacy of another without his consent. The Company does not allow infringement of the privacy of users or end users of the Service and/ or others whose details have uploaded to the Service and may terminate access to the Service and remove any content or other user-submitted content.
11.3. The company does not permit copyright infringing activities on the Service and may terminate access to the Service, and remove any Content or other content submitted by any users.
11.4. Your only remedy with respect to any dissatisfaction with (i) the Service; (ii) any term of these Terms; (iii) any policy or practice of The company in operating the Service, or (iv) any Content or information transmitted through the Service, is to terminate these Terms and Your account.
11.5. You may terminate these Terms at any time by discontinuing use of any and all parts of the Service and providing The company written notice of such termination. For clarity, notwithstanding anything to the contrary herein, no Fees or other amounts payable by You hereunder are refundable upon termination of Your account with The company.
11.6. Upon suspension or termination of Your account with The company or of your access to the Service, The company may permanently and irretrievably delete all your Content associated with You at The service or Your account(s) with The company. Notwithstanding the foregoing, the Company will notify you in advance of any such deletion, give you prior notice at least 30 days prior to the deletion and allow you to receive the Content to your full control.
12. The place where the content is stored and processed.
12.1. By using and accessing the Service, You understand and give your consent that The Company may and reserves the right to store and process content on any site it deems fit and which works according to acceptable and appropriate standards.
13. Third Party service and terminal equipment
14. Privacy; Publicity
14.1. In order to operate and provide the Service, We collect certain information about You. As part of the Service, We may also automatically upload information about You, Your computer, Your device, Your use of the Service, and Service performance, etc. We use and protect that information as described in our Privacy Statement and Cookies policy. We may access or disclose information about You, including the content of Your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of The company or our customers, including the enforcement of our agreements or policies governing Your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of The company employees, customers, or the public. We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop You from breaching these Terms. The technology or other means We use may hinder or break Your use of the Service.
14.3. The company may use your name, organization name, organization logo, and other identifying information to identify You as a The company customer, Service user, or both. Such use of Your name will be without royalty or other obligation by The company to You.
15.1. THE COMPANY, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “THE COMPANY PARTIES”) PROVIDE THE SERVICE AND CONTENT “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY REPRESENTATION OR WARRANTY: (I) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (II) RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS (OR THE LACK THEREOF) IN THE SERVICE, OR ANY PART THEREOF; (III) THAT THE SERVICE, OR THE RECORDING, SAVING, OR DELIVERY OF CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; (IV) THAT THE CONTENT WILL BE RECORDED, SECURE, OR NOT OTHERWISE LOST, NOT PRESERVED, DELETED, MADE INACCESSIBLE, OR DAMAGED; (V) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (VI) RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE COMPANY PARTIES; AND (VII) THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; OR (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH JURISDICTIONS, THE FORGOING EXCLUSION ARE LIMITED AS REQUIRED BY LAW.
15.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF INFORMATION, MATERIALS, CONTENT, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER, TABLET OR MOBILE PHONE ) OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
16. Limitation of Liability
16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OF CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE DAMAGES ARISING OUT OF: (A) THE SERVICE, YOUR ACCESS, USE, OR INABILITY TO USE THE SERVICE; (B) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.
16.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU OR YOUR FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, CONTENT, YOUR USE OF THE SERVICE, OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE NET AMOUNT RECEIVED BY THE COMPANY, IF ANY, FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM ARISING UNDER THESE TERMS.
16.3. THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
17.1. You will indemnify, defend and hold harmless The Company Parties from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of or related to: (a) any claim due to or arising out of Your violation of these Terms, including but not limited to a claim arising out of a breach of Your representations or warranties made hereunder; (b) Your use or misuse of or access to the Service; (c) Your violation of any law, regulation or third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that You or Your Content caused damage to a third party; (e) any other of Your activities or omissions; or, (f) Content delivered to, manipulated by, or streamed from Your account.
17.2. The company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify The company, and You will cooperate with The company’s defense of these claims.
18. Waiver, Severability, Interpretation
18.1. The failure to require performance of any provision will not affect The company’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms will be deemed to have been jointly drafted by You and The company.
19.1. The company may provide You with notices, including those regarding changes to The company’s terms and conditions, by email, regular mail, or postings on the Service or the Site. Notices emailed to You will be deemed given and received when the email is sent. If You don’t consent to receive notices electronically, You must stop using the Service. Alternatively, We may give You legal notice by mail to a postal address, if provided by You through the Service. In such case, notice will be deemed given Fourteen (14) business days after the date of mailing. Notice posted on the Service or the Site is deemed given upon its posting. You may provide legal notices to Us via email to [email protected] with a duplicate copy sent via registered mail, return receipt requested, to the following address: Legal Department, Octopus systems Ltd, 1 Ben Gurion st, B.S.R 2 Tower, Benei Brak, 5120149, Israel. Any such notice from You, in either case, must specifically reference that it is a notice given under these Terms.
20. Choice of Law; Forum.
20.1. These Terms are governed and construed in accordance with the laws of the State of Israel. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods.
20.2. Any dispute arising out of or relating to these Terms or Your access to or use of the Service will be resolved by binding arbitration administered in Tel Aviv, Israel.
20.3. YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21.1. You will provide The company with any reasonably requested cooperation or assistance related to these Terms, Your use of the Service, or The company’s delivery of the Service to You or to third parties.
22.1. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
23. Entire Agreement
23.1. This is the entire agreement between You and The company relating to the subject matter herein (including external materials incorporated by reference) and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by The company as set forth above. These Terms supersede any prior contract or oral or written statements regarding Your use of the Service.
24. No Agency
24.1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
25. No Third Party Beneficiaries.
25.1. The parties specifically disavow any desire or intention to created a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, will have any rights hereunder nor any right of enforcement hereof.
26. Consent to Electronic Communications and Solicitation.
26.1. By registering with The company or using the Service, You understand that We may send You communications or data regarding the Services, including but not limited to (a) notices about Your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding The company’s products and services, via electronic mail. We give You the opportunity to opt-out of receiving promotional electronic mail from Us by sending us email to [email protected] with your request, or by following the opt-out instructions provided in the message.
27. Force Majeure
27.1. We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Our reasonable control (including act of war, natural disasters of any kind, governmental decision, a problem of any kind arising in or from the cloud provider or any other Third Party Services)
28.1. The Services, or portions thereof, may represent patented or patent-pending The company technology. If you have questions about The company patents, please refer to [email protected]