The Website is hosted in the United States. Company makes no representation that the Viewbix Service is appropriate or available in other locations. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Viewbix Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE VIEWBIX SERVICES OR THE WEBSITE.
IF YOU ARE USING THE VIEWBIX SERVICE ON BEHALF OF AN ENTITY, THEN YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.
LICENSE AND RESTRICTIONS
- a. Subject to the terms and conditions of this Agreement, Company hereby grants to user during the term of this Agreement limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license during the term of this Agreement to: (a) access and use the Viewbix Service to the extent permitted in this Agreement; (b) use software and tools, including any embedded code, provided by Company as part of the Viewbix Service as necessary to incorporate interactive features into user’s videos; and (c) distribute and administer user’s videos enhanced using the Viewbix Service. All rights which are not expressly granted herein are reserved by Company. User may not make any use of the Viewbix Service in whole or in part in any manner not expressly permitted by this Agreement. The right and license granted herein for use of the Viewbix Service is limited to enhancement of videos owned or licensed by user. User may not utilize the Viewbix Service for or on behalf of any third parties, unless user has first obtained written consent from Company, such as where user has been accepted by Company as a reseller of the Viewbix Service or as a member of Company’s affiliate program. Resellers and affiliates will be subject to the terms of this Agreement as well as to other terms specific to resellers and affiliates that are posted on the Website.
- b. User will not attempt to interfere with or disrupt the Viewbix Service or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Viewbix Service for user’s own use as permitted herein). Except as expressly specified in this Agreement, user will not: (a) use, copy, create derivative works of or modify the Viewbix Service or any part thereof; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Viewbix Service to any other person or entity; or (c) use the Viewbix Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. User agrees not to disassemble, decompile, attempt to derive the source code of, or otherwise reverse engineer the Viewbix Service or any part thereof, in whole or in part, or permit or authorize any other person or entity to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- c. Company retains the exclusive right in its sole discretion to: (a) determine which features, services, products, software or other tools will be available for user’s use via the Viewbix System; and (b) add, change or remove any content, materials and/or functionality made available in the Viewbix Service at any time for any reason. For example, Company may change the settings and/or appearance of any part of the Viewbix Service or any elements thereof, without prior notice or Company may provide any updates, new versions, new releases and upgrades to the Viewbix Service or any other elements thereof.
- d. User is required to comply with all terms applicable to use of third party video services (e.g., YouTube and Vimeo). At all times during the term of this Agreement, Company reserves the right to take any action, in its sole discretion, with respect to the means used by user to deploy and/or use the Viewbix Service, and in the event Company disapproves of such deployment and/or use, Company shall have the right, without notice, to suspend a user’s access to the Viewbix Service until such time that user implements adequate remedial modifications as reasonably required and determined by Company.
- e. User agrees that Company may: (a) feature user’s use and implementation of the Viewbix System and the user’s videos enhanced via the Viewbix Service in Company’s marketing outlets and/or collateral, including without limitation newsletters, case studies, email or advertisement campaigns and web pages; (b) identify user as a user of the Viewbix Service on Company’s websites, client lists, press releases, and in other marketing; and (c) publish a brief description and/or case study highlighting user’s deployment and use of the Viewbix Service. Unless otherwise agreed by parties, user shall not be entitled to any compensation as a result of any Company promotion. If a user does not want Company to exercise the rights described in this paragraph, then the user must notify Company in writing using the contact information listed below. Upon receiving any such notice, Company shall implement a process to cease the exercise of such rights that began prior to such notice within a time frame that is commercially reasonable under the particular circumstances of such use.
The following provisions apply to user’s use and access to the Viewbix Service:
The Viewbix Service is currently offered as both a free and premium service. Company reserves the right to cancel the free service offering at any time. The premium service is offered on a monthly and annual subscription basis (and at other periodic intervals as may be determined by Company from time to time). Subscription fees may be increased at any time. Please refer to the Viewbix Service fee schedule that is posted on the Website.
For fee-based services, Company bills you through an online billing account. You agree to pay Company all charges at the prices then in effect for services persons using your account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. All fees are charged in advance for the ordered subscription period. You agree to make payment using that selected payment method and it is your responsibility to notify Company in advance if any of your payment information has changed.
Subscription charges are recurring and will be charged to your payment method automatically at the end of each subscription period. You hereby authorize Company to make such charges to your payment method without obtaining your prior authorization in each instance. If you wish to terminate the subscription, then you must cancel your subscription through the account section of the Viewbix Service. Please note that cancelling any payment method (e.g., credit card or PayPal) does not cancel or terminate your subscription and your account will still be subject to automatic renewal unless the account is cancelled by the user through the user’s account in the Viewbix Service.
Failure of Company to receive payment required under this Agreement for any reason may result, as determined by Company in its discretion, in the conversion of user’s account to the feature set applicable to the free version, or cancelation of access to the Viewbix Service, without notice. Upon such non-payment, premium service may be restored, in Company’s discretion, upon receipt of payment of all past amounts due. Users are not permitted to create multiple accounts. If Company determines that a user has created multiple accounts in an attempt to avoid paying fees commensurate with a user’s level of usage, then Company may terminate all such accounts and charge the user for such usage based upon Company’s standard pricing for the Viewbix Service.
All payments are non-refundable, except that if a user cancels the Viewbix Service within three (3) business days of user’s initial order for the services, then Company will issue to user a full refund of amounts paid.
Regarding Your Registration
By using the Viewbix Service, you represent and warrant that:
- f. all registration information you submit is truthful and accurate;
- g. you will maintain the accuracy of such information;
- h. you will keep your password confidential and will be responsible for all use of your password and account;
- i. you are not a minor in the jurisdiction in which you reside; and
- j. your use of the Viewbix Service does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
Regarding Content You Provide
The Viewbix Service enables users to incorporate certain features into videos (the videos, including all content accessed through features incorporated via the Viewbix Services, are referred to as the “User Content”). When you use the Viewbix Service for this purpose, you thereby represent and warrant that:
- a. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- b. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use the User Content as necessary to exercise the licenses granted by you under this Agreement;
- c. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by this Website;
- d. your User Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content, or links to any spyware sites, phishing sites, etc.;
- e. your User Content is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- f. your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
- g. your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- h. your User Content and your use of the Viewbix Service will at all times be in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the Federal Trade Commission Act, and the CAN-SPAM Act of 2003;
- i. your User Content does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
- j. your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
- k. your User Content does not inundate the Viewbix Service with communications or other traffic suggesting no serious intent to use the Viewbix Service for its stated purpose; and
- l. your User Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Viewbix Service (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Viewbix Service for any other purpose other than that for which Company makes it available. Prohibited activity includes, but is not limited to:
- a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- b. systematic retrieval of data or other content from the Viewbix Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
- c. making any unauthorized use of the Viewbix Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- d. disguising the origin of any information or inquiry transmitted through the Website or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
- e. engaging in unlawful multi-level marketing (such as a pyramid scheme);
- f. using any information obtained from via the Viewbix Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- g. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
- h. making improper use of Company’s support services or submitting false reports of abuse or misconduct;
- i. interfering with, disrupting, or creating an undue burden on the Website or the Viewbix Service;
- j. attempting to impersonate another user or person or using the username of another user;
- k. using any information obtained via the Viewbix Service in order to harass, abuse, or harm another person;
- l. using the Viewbix Service as part of any effort to compete with Company or to provide services as a service bureau;
- m. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Viewbix Service;
- n. attempting to bypass any measures of the Viewbix Service designed to prevent or restrict access to the Viewbix Service, or any portion of the Viewbix Service;
- o. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Viewbix Service to you;
- p. uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Viewbix Service or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service;
- q. engaging in cheating or any other activity deemed by Company to be in conflict with the spirit or intent of the Website.
- r. disparaging, tarnishing, or otherwise harming, in Company’s opinion, Company and/or the Viewbix Service; and
- s. using the Viewbix Service in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website and within the Viewbix Service (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website or Viewbix Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website.
During the term of this Agreement, you may have access to certain non-public, proprietary, confidential and/or trade secret information of Company, whether written or oral, and regardless of the manner in which it is furnished, which given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (together, the “Confidential Information”). User agrees: (i) not to disclose any of Company’s Confidential Information to any third parties; (ii) not to use any of Company’s Confidential Information for any purposes except to carry out its rights and responsibilities under this Agreement; and (iii) to keep Company’s Confidential Information confidential using the same degree of care user uses to protect its own confidential information, which shall in any event not be less than a reasonable degree of care. At any time during the term of this Agreement, upon the written request of Company, user shall return to Company, or destroy, in accordance with Company’s written instructions, all of Company’s Confidential Information in its possession, including any writing or recordings whatsoever prepared by user based upon Company’s Confidential Information, and user shall provide Company with a written certificate, signed by an authorized officer of user, evidencing the complete and full execution of the provisions of this Section. Unauthorized disclosure or use of Company’s Confidential Information may give rise to irreparable injury, which may not be adequately compensated by damages. User agrees and acknowledges that money damages are not a sufficient remedy for any breach of this Agreement by the user and that Company shall be entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach thereof, in addition to any other remedies available at law or in equity. User acknowledges and agrees that Company may provide to the applicable authorities or any court of competent jurisdiction information contained in or related to the user’s account in the event that Company is required by legal process, order of any court of competent jurisdiction, or any applicable law, rule or regulation to provide such information. User shall keep in strict confidence and shall not disclose to any third party any of Company’s Confidential Information during the term of this Agreement and for a period of three (3) years following the termination of this Agreement.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Viewbix Service) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
- a. monitor the Viewbix Service for violations of this Agreement;
- b. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- c. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user access or any portion thereof that may violate this Agreement or any Company policy;
- d. in Company’s sole discretion and without limitation, notice or liability to remove from the Viewbix Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
- e. terminate the accounts of repeat infringers; and
- f. otherwise manage the Viewbix Service in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Viewbix Service.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Viewbix Service. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, provided that refunds shall only be issued as otherwise provided in this Agreement.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE VIEWBIX SERVICE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE VIEWBIX SERVICE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Viewbix Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Viewbix Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
TERM AND TERMINATION
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Viewbix Service after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Viewbix Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Viewbix Service.
If there is a dispute between users of the Website or Viewbix Service, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Viewbix Service.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Viewbix Service shall be governed and construed by the law of the State of New York, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Viewbix Service shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, New York; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Viewbix Service (including your visit to or use of the Website and/or the Viewbix Service) be instituted more than two (2) years after the cause of action arose.
Occasionally there may be information on the Website or Viewbix Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND VIEWBIX SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE VIEWBIX SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANTY ERROR-FREE OPERATION OF THE VIEWBIX SERVICES, CONTINUOUS AVAILABILITY OF THE VIEWBIX SERVICES, OR THAT ALL ERRORS OR PROBLEMS WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE OPERATION OF THE VIEWBIX SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS OR IN THE OPERATION OF THE VIEWBIX SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE VIEWBIX SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR VIEWBIX SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR VIEWBIX SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR OPERATION OF THE VIEWBIX SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR VIEWBIX SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE VIEWBIX SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributions, use of the Viewbix Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the email address listed below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Viewbix Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Viewbix Services or to receive further information regarding use of the Viewbix Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
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