GUIDELINES & POLICIES
By accessing and using the Sites or by clicking a box that states that you accept or agree to these Terms you signify your agreement to and intent to be bound by these Terms. These Terms apply to all users of the Sites. If you do not agree to these Terms, you may not use the Sites or any information contained herein. You may not use the Sites if you are not over the age of 18 or the legal age of majority in your local jurisdiction, as the Sites are not intended for anyone under the legal age of majority. In no event should anyone under the age of 13 years old use the Sites. Please note that the Sites are not directed to children under the age of 13.
The Sites provide you with information, various tools, features and functionality, and enable you to create, maintain and administer a range of applications such as mobile applications, as well as other solutions, products, services, Content and forums to interact with other users via specific programs and blogs (the "Services"). "Content" means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
Additionally, your use of certain Services and Content may also be subject to disclaimers, legal notices, terms, click-through agreements or other legal agreements (collectively, "Additional Terms"). These Additional Terms may be posted on the Sites or sections of the Sites where applicable. As a result, certain Services may not be accessible by you until you agree to the applicable Additional Terms. These Terms and, where applicable, the Additional Terms, form a legally binding agreement between you and us regarding your access and use of the Sites, Services and any Content. In the event of any conflict or inconsistency between these Terms and any such Additional Terms, the Additional Terms shall control. The Services are provided for your convenience only, without any obligation by the Conduit Group to provide any technical support or any other type of assistance.
Access and Use of the Sites and Services
We hereby grant you permission to use the Sites, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of the Sites without our prior written authorization; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to the Sites.
You agree not to: (i) access or use the Sites, Services and/or Content in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Sites, Services and/or Content, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Sites or any of our accounts, computer systems or networks.
Access to and use of password-protected or secure areas of the Sites is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "crawlers" and "offline readers" that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites with respect to their User Submissions (as defined below) or otherwise.
Certain of our Services permit commercial use as specifically identified in connection with such Services. All commercial use of the Sites and/or Services must be in accordance with the terms herein and the specific terms pertaining to those Services. Illegal and/or unauthorized use of the Sites, Services and/or any Content, or any portion thereof, including, but not limited to, unauthorized framing of or linking to the Sites is prohibited. Any such use shall be deemed to be a violation of these Terms.
Your Account on the Sites
In order to access some features of the Sites, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account, password or other account information. You may not use another user's account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information.
Proprietary Rights of Conduit Group
The Conduit Group retains all right, title and interest in and to the Sites, Services and Content, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, the "Conduit Group IP"). As used herein, "Intellectual Property Rights" means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the Conduit Group IP shall inure to the benefit of the Conduit Group, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the Conduit Group IP or the validity of our rights in and to the Conduit Group IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Conduit Group IP. All rights in the Conduit Group IP which are not expressly granted herein are reserved by the Conduit Group. You hereby agree to assign and do assign to the Conduit Group any modifications or derivative works of any Services and/or Content made by you in contravention of the foregoing limitation.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the Sites, Services and/or Content.
All rights to use any of the Conduit Group copyrights, trademarks, service marks, trade names, trade dress, logos, slogans, copyrighted designs or other brand features (collectively "Brand Features") are wholly owned by the respective company of the Conduit Group. Any use of the Brand Features, and any goodwill therefrom, shall inure to the Conduit Group benefit, and shall be subject to the Conduit Group Use of Marks Policy. If you are seeking permission to use any of our Brand Features please contact our legal department at: email@example.com.
To the extent that we solicit User Submissions (defined below) through features or activities on or through the Sites (including games, sweepstakes, contests, promotions and blogs that require the use of our Conduit Group IP (in whole or in part), we hereby grant you a non-exclusive license as required solely for the purpose of creating your User Submissions; and subject to the terms below with respect to User Submissions.
Some sections of the Sites (such as message boards, blogs, forums, sweepstakes or comments) may provide you and other visitors of the Sites with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to the Conduit Group or others (collectively, " Submission").
User Submission License. By posting, submitting or uploading User Submission to any part of the Sites, you represent and warrant that it complies with these Terms, and you acknowledge and agree that you are granting the Conduit Group a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), sublicensable right and license to (the " Submission License"): (a) use, reproduce, copy, display, create derivative works from, license, modify, adapt, publish, translate, distribute, perform, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, edit, modify, synchronize with visual material, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Submission and transcode the User Submission to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) offer to sell, sell, lease, assign and otherwise transfer to third parties the right to use, exhibit and otherwise use, exploit or distribute the User Submission (in whole or in part and as altered by the Conduit Group in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter developed, without compensation to you for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution to you, and without the requirement of any permission from or payment to you or to any other person or entity.
Your Rights in your User Submissions. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third party rights; and (c) all so-called "moral rights" in the User Submission have been waived to the full extent allowed by law. Further, you represent and warrant to the Conduit Group that your User Submission is original work made or created by you or that you have all right, title, and/or authority to grant the User Submission License to the Conduit Group. In addition, you represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on the Sites, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
Subject to the User Submission License you grant to the Conduit Group hereunder, you shall continue to retain all rights in and to your User Submission. Nothing in these Terms shall limit you from selling or licensing your User Submission to any other person or entity.
Your Liability for your User Submissions. You are solely responsible for your User Submission and any consequences of posting or publishing it on the Sites whether as part of a message board, forum, blog, application you create or otherwise. These sections of the Sites are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or published in any such section of the Sites. Please carefully consider the User Submission you choose to post on any section of the Sites. You should not include any personal information of yours or other third party such as full name, telephone number, photo or street address, as part of your User Submission. We cannot guarantee the security of any information you disclose through the Sites; you make such disclosures at your own risk.
Further, you are solely responsible for any interaction with other users or visitors of the Sites and/or Services. We reserve the right but shall have no obligation to monitor disputes between you and any other user or visitor of the Sites.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not: (i) be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) create a risk to a person's safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement; (iii) promote illegal drugs, violate export control laws, or relate to gambling or arms trafficking; (iv) be unlawful, defamatory, abusive, libelous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation; (v) infringe or violate any right of a third party including: (a) any Intellectual Property Right, right for privacy or other proprietary or contractual rights; or (b) any confidentiality obligation; (vi) contain any virus or other harmful component, or otherwise tamper with, impair or damage the Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Sites; or (vii) include any "flaming", "spamming", "flooding" and/or "trolling" mechanism, as those terms are commonly understood and used on the Internet.
Monitoring or Removal of User Submissions. You grant the User Submission License to the Conduit Group whether or not your User Submission (or any part thereof) is actually posted on the Sites or used by the Conduit Group. You acknowledge and agree that the Conduit Group may, at its sole discretion, elect to post or not post your User Submission on any Sites, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between the Conduit Group and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission.
Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our Sites, we will remove all content and User Submissions if we are properly notified that such content or User Submissions infringe on any person or entity’s Intellectual Property Rights. In addition, we will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates these Terms.
Indemnification respecting your User Submissions. You understand that when using the Sites, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all matters related to your User Submissions.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, SWEEPSTAKES, APPLICATION YOU CREATE OR ANY OTHER AREA ON THE SITES, YOU HEREBY EXPRESSLY PERMIT THE CONDUIT GROUP TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
Requests to Remove Content
Any requests to remove copyright-infringing content from the Sites, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
Links to Third Party Websites
The Sites, Services and/or Content may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of the Sites, and are not under our control whatsoever. The Conduit Group is not responsible for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with and use of these independent third party websites, which will be at your risk. You agree that the Conduit Group shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites.
Changes and Notices
We reserve the right, at our sole discretion, to amend these Terms, at any time, without notice to you. Please check these Terms periodically for changes. If we modify these Terms, we will post the modification on the Sites. We will also update the "Last Updated Date" at the bottom of this page. The revised Terms will be effective when posted. You may access the updated Terms by clicking on the “Legal” link which is included at the bottom of each web page of the Sites. By continuing to use the Sites after we have posted changes to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Sites or Services.
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or all of the Sites and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
Sites and Services’ Availability
The availability and functionality of the Sites and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. CONDUIT GROUP DOES NOT WARRANT THAT THE SITES AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Sites, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Sites, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Sites, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimer of Warranty
THE SITES, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONDUIT GROUP DOES NOT GUARANTEE THAT THE SITES, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITES, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONDUIT GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. THE CONDUIT GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES, SERVICES, CONTENT AND ANY SITES LINKED THERETO. YOUR SOLE REMEDY AGAINST THE CONDUIT GROUP FOR DISSATISFACTION WITH THE SITES, SERVICES AND/OR CONTENT IS TO STOP USING THE SITES, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE CONDUIT GROUP BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE CONDUIT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITES, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITES, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITES AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF THE CONDUIT GROUP OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITES OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITES OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SITES, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITES AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Conduit Group, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the Conduit Group entities' respective resellers, distributors, service providers and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Sites, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree to comply fully with all U.S. export laws and regulations, including: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act, to ensure that the Sites, the Services or the Content are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Sites, the Services or the Content to any U.S.-embargoed country. By accessing, using or downloading the Sites, the Services or the Content (as applicable), you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "State Sponsors of Terrorism”; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Your Account
We may limit, suspend or terminate your account and/or your ability to access the Sites and your use of the Sites or any areas of the Sites, Service or any Content provided on or through the Sites, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Sites, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Sites or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Conduit Group, for which monetary damages would be inadequate, and you consent to the Conduit Group obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of the Conduit Group does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of the Conduit Group. You agree that we will not be liable to you or to any third party for termination of your access to the Sites or the Services as a result of any violation of these Terms.
Governing Law, Jurisdiction
These Terms and your use of the Sites will be governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.
The Courts located in Tel-Aviv-Jaffa shall have sole and exclusive jurisdiction over you and the Conduit Group and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in Israel and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of Conduit Group, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Sites, Service or any Content, at:
5 Golda Meir Street
Ness Ziona, Israel 74140