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Xsights Web Site Terms of Use

The following terms and conditions (the “Terms and Conditions”) govern your use of the Xsights Web Site located at www.Xsights.com (the “Site” or “Web Site”). The Site is made available by Xsights Media LTD. (“Xsights” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.

BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND
CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.

You may not use or access the Site if you do not accept these Terms and Conditions.
You affirm that you are 18 years of age or older and are fully able and capable to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions.

  1. Proprietary Rights. You acknowledge and agree that Xsights owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. You are not granted ownership of any content, code, data or materials through your use or access of the Site.
  2. Limited License. You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal use only. The Site and the services offered on or through the Site are only for your personal, non-commercial use.
  3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the written prior permission of Xsights or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site.
  4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Your use of the Site does not grant you any license or right to use any Trademark displayed on the Site. The use of any Trademark on the Site is strictly prohibited unless you have received the written prior permission of Xsights or the applicable rights holder.
  5. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential, secret or proprietary, and may be used by us in any manner consistent with the Site’s Privacy Policy. By providing Submitted Materials to us, you: (i) represent that the Submitted Materials are original to you and that no other party has any rights thereto, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, display, publish, translate, modify, adapt, create derivative works from, distribute, reproduce, perform, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  6. User Information. In connection with your use and access of the Site, we may ask you to provide personal information (such information referred to hereinafter as “User Information”). Our policy with respect to the privacy of such User Information is set forth in the Site’s Privacy Policy which is incorporated herein by reference. You agree that any User Information that you provide to us will always be accurate, correct and up-to-date.
  7. Prohibited User Conduct. You agree that, in connection with your use and access of the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Xsights or otherwise through the Site), or use, republish, redistribute or exploit such content or service for commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site. You agree that you shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or the Site’s services or features, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Site’s services or features; (ii) obtain or attempt to obtain unauthorized access to materials, information or the Site’s services; (iii) use the Site or the Site’s services with the intent to interrupt, overburden, disrupt, disable, or damage the Site or such services; (iv) use the Site or the Site’s services or features in violation of Xsights’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to decrypt, circumvent, reverse engineer or otherwise alter or interfere with the Site the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could interfere with, or damage, disable, overburden, disrupt or impair the Site or the Site’s services.
  8. Public Forums. Xsights may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of the Site’s services or features, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, (iv) violate, plagiarize or infringe the rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You are solely responsible for the content of any materials that you upload, post, transmit, distribute or otherwise publish through the Site or any of the Site’s services or features, and the consequences of any of your activities.
  9. Right to Monitor and Editorial Control. Xsights reserves the right, but does not have an obligation, to monitor all materials posted to the Site or through the Site’s services or features by users, and Xsights is not responsible for any such materials posted by users. However, Xsights reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any materials, in whole or in part, that in Xsights’s sole discretion are objectionable or in violation of the Terms of Use, Xsights’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the Terms and Conditions or applicable law, or for any other reason without notice of liability.
  10. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
  11. Linking to the Site. You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
  12. Third Party Web Sites. You may be able to link from this Site to third party web sites and third party web sites may link to this Site (“Linked Sites”). You acknowledge and agree that we are not responsible for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
  13. Indemnification. You agree to defend, indemnify and hold Xsights, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of the Terms and Conditions. Xsights reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Xsights’s defense of such claim.
  14. Copyright Agent. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(2), (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Xsights’ Copyright Agent, designated as such pursuant to the DMCA, named below: (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    Copyright Agent:
    Gali Ben Tov
    Office Manager
    8 Hamelacha St, Netanya POB 8890, Israel
    Tel: +(972)-9-8651264
    Fax: +(972)-9-8850703
    Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
  15. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED "AS IS" AND “AS VAILABLE.” YOU ACKNOWLEDGE AND AGREE THAT XSIGHTS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE. WE DO NOT GUARANTEE THE ACCURACY, PRECISION, RELIABILITY OR COMPLETENESS OF ANY OF THE CONTENT ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE CONTENT ON THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE CONTENT ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, XSIGHTS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE. ANY PRODUCTS AND SERVICES DESCRIBED ON THE SITE ARE PROVIDED BY XSIGHTS “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND XSIGHTS OR ITS LICENSOR OR SUPPLIER.
  16. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL XSIGHTS , ANY MEMBER OF THE XSIGHTS FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES. THESE LIMITATIONS SHALL APPLY EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING. 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 CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO XSIGHTS FOR YOUR USE OF THE SITE.
  17. Applicable Laws. We control and operate the Site from our offices in Israel, but the Site may be hosted either in Israel or abroad. We do not represent that materials on the Site are appropriate or available for use in locations other than Israel. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
  18. Termination. Xsights may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Xsights may restrict, suspend or terminate your access to the Site or the Site’s services if we believe you are in breach of the Terms and Conditions or applicable law, or for any other reason without notice or liability. Xsights maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
  19. Changes to Terms of Use. Xsights reserves the right, at its sole discretion, to make changes to the Terms and Conditions from time to time. Any changes to the Terms and Conditions will be effective when posted. Your continued use of the Site or the Site’s services after any changes to the Terms and Conditions are posted, shall be deemed conclusive acceptance of those changes and the modified the Terms and Conditions.
  20. Governing Law; Venue. The Terms and Conditions and the relationship between you and us shall be governed by the laws of Israel, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Israel. You agree to submit to the personal and exclusive jurisdiction of the courts located within Israel.
  21. Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such rights or provisions and such rights and provisions shall remain available to us. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions continue to be valid and enforceable.