TERMS OF USE

TERMS OF USE

Last revised on September 23, 2013

 

Welcome to the Landa Corporation Ltd. ("Company") website.

 

Before using the Company's website, registering or setting up your account with the Company, please read the following Terms of Use ("Terms") carefully. These Terms of use govern your access to and use of the Company's website. Your approval of these Terms, including by registration for our service or for the receipt of qualified information, will constitute your acceptance, without limitation or qualification, of these Terms as a legally binding agreement between you and Company and the terms of the Privacy Policy, as further detailed below.

 

Your access to and use of the website, including by the download of information that requires registration, is expressly conditioned on your acceptance of and compliance with these Terms. BY CONTINUING TO REGISTER OR OTHERWISE USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF, whether or not you register as a member of the website. If you do not wish to accept these Terms, then please don't use our website. Note that any violation of these Terms may result in termination of your ability to access and use the Website or any of the services provided on it.

 

We reserve the right at any time to change all or any part of these Terms, modify the website, including by eliminating, modifying, limiting or discontinuing any feature of the website. Any modification we make to any of the forgoing will be effective immediately upon notice, which we may provide by any means including, without limitation, posting the amended Terms on the website or by sending an electronic mail to you. Your continued use of the website after such notice will be deemed acceptance of such new terms or changes to the website.

 

1. Registration, User Account, Password and Security

As part of the registration to use the website or receive information, you agree to (a) provide truthful, accurate, and current information about yourself and/or about entity or organization utilizing the Website as prompted by our registration form (including your email address) (the "Registration Data"), and (b) maintain and update your Registration Data so that it remains at all times accurate, current and complete. Without registration you will have the ability to use the website in some, but not all, of the features and services available within the website.

 

You hereby agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.

 

2. Privacy

Your privacy is very important to us. Please refer to our privacy policy linked to from our homepage for information about how we collect and use personal information ("Privacy Policy"). By accepting these Terms you expressly accept and agree to the terms and condition of the Privacy Policy as may be amended from time to time. In case of any inconsistency between the Privacy Policy and the terms and conditions of these Terms, the Privacy Policy shall prevail.

 

3. Rules of Conduct

Our Website may include certain interactive services or features that will allow you to publish, display, process, send or otherwise transfer or make available (collectively "Transmit") comments and any other form of content ("User Content"). Without derogating from the generality of these Terms, the following is a list of activities that are prohibited according to our rules of conduct.

 

While using the website, you agree not to (a) Transmit any User Content that is, in any jurisdiction where so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable (including links to other websites showing any of the forgoing); (b) Transmit any User Content that may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing ("Intellectual Property Right"); (c) Transmit any material that contains software viruses, worms, Trojan horses, or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) Disrupt or interfere with the security of, or otherwise abuse, the website, its system resources, accounts, servers, or networks connected to or accessible through the Company or affiliated or linked websites or access, hack or deface any portion of the website, tamper with or use non-public areas of the Company; (e) Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another client; (f) Disrupt or interfere with any other user's use or enjoyment of the website or affiliated or linked websites or use the account or password of others; (g) Use any information obtained from the website in order to harass, abuse, or harm another person; or (h) Make any representation, express or implied, that any statements you make are endorsed by us, without our prior written consent; (i) Share password and/or username and simultaneous access to the websites via the same password and/or username or otherwise.

 

The use of the website is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.

 

The Company is not obliged to publish your User Content and may decide whether to allow any Transmission of User Content. Further, we may moderate a posting before publication, and remove any as we see fit. The Company is not responsible for any opinions expressed in User Content published. If it is subsequently brought to our attention that published User Content contravenes the conditions set out above, we retain the right to remove it and take further action as appropriate in our sole discretion. You retain copyright of and are solely responsible for your own published User Content. You are responsible for any actions that may be taken against you in response to published User Content you Transmitted.

 

We may terminate your access to and use of the website immediately if you fail to comply with the above rules. In addition the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates these Terms, including without limitation, reporting you to law enforcement authorities.

 

Our website allows you to interact with us and with other users through social networks such as Facebook and Twitter. Your interaction through such social networks is subject to the terms and conditions of those networks, that apply in addition to these Terms.

 

4. Intellectual Property Policy

A. General

We respect the Intellectual Property Rights of others. We ask our users to do the same. We may terminate the access to and/or use of the website of users who appear to infringe the Intellectual Property Rights of others (our rights and those of our affiliates and contractors as well as rights of third parties).

 

By making each User Content Transmission you represent and warrant that (i) you are the owner of the content which you transmit (or otherwise have the right to grant the licenses set forth in subsection c below); and (ii) that the content does not infringe upon the intellectual property rights or other rights of others.

 

B. Our Intellectual Property Rights

The website contains proprietary information that is protected by copyrights and other applicable Intellectual Property Rights pursuant to national and international laws and regulations. The Company retains ownership of all Intellectual Property Rights in the website and the Company content.

 

You agree not to copy, modify, adapt, reverse engineer, decompile, duplicate, distribute, translate or create derivative works based on the website in whole or in part, or exploit for any commercial purposes, any portion of the website; You may not "frame" or "mirror" any portion of the website without our prior written authorization; You further agree not to remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website. However, we encourage you to share through social media links to quality information, texts and videos published on our site.

 

By accepting this Agreement you acknowledge and agree that any of the Company content contained or distributed on or through the website by us or other third parties, is protected by Intellectual Property Rights. You agree not to Transmit or otherwise publish, reproduce, copy, in whole or in part, any content available through the website in violation of applicable copyright and other intellectual property laws.

 

"Landa", the Company's logo and other graphics, logos, and website names are common law trademarks, registered trademarks or trade dress of the Company. Such trademarks may not be used in connection with any product or website that is not the Company's product in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. Further, we retain the right to publish on our website a trademark policy governing the terms for using our trademarks, and such policy shall be deemed an integral part of these Terms. Our trademark policy by be requested at any time from the Company’s legal department. You may not use any "meta tags" or any other "hidden text" utilizing the forgoing trademarks, nor may you purchase keyword or targeted search engine advertising using any of the forgoing trademark terms.

 

C. Your Content

You will retain all ownership rights to your User Content, including any and all business information that may be provided as a result of using the website. However, by Transmitting such User Content to the website, you grant us a nonexclusive, perpetual, royalty-free, license to copy, adjust, create derivative works of, and reproduce such information as part of our continued effort to the improve the services we provide. Use of private information contained in any such Transmission will be governed by the Privacy Policy).

 

5. Term and Termination

These Terms shall remain in effect until terminated, revised, restated or otherwise modified by us as set forth herein.

 

We may, at our sole discretion and at any time (i) discontinue the operation of the website, or any part or feature thereof, with or without notice; (ii) terminate these Terms, and/or terminate, deactivate or suspend your account and/or your access to and use of the website or any portion thereof and/or remove any of your User Content and other data in your account, at any time and for any reason, with or without cause, without prior notice to you. We shall not be liable to you or to any third-party for any termination of your access to the website. Should you object to any terms and conditions of these Terms (as amended) or become dissatisfied with the website in any way, your only recourse is to immediately discontinue your use of the website and/or terminate your account.

 

6. Indemnification

You hereby agree to indemnify, defend and hold us and anyone acting on our behalf, harmless from and against any and all claims, judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of these Terms; (b) any use of your User Content or other content Transmitted by you or under your account; (c) any misuse of your account; or (d) any breach of your representations and warranties set forth herein.

 

7. Disclaimer of Warranties

You understand and agree that the content of the pages of this website is provided "As Is" and on an "As Available" basis and without warranties of any kind, either express or implied. The Company and its affiliates make no warranties, express or implied, as to the accuracy and reliability of the Company content, User Content or any material available on the website, nor does the Company warrant that the website will be accessible at all times.

 

To the fullest extent permissible pursuant to applicable law, we and our affiliates, service providers, partners, licensors, and agents disclaim all warranties of any kind, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

We and our affiliates, service providers, partners, licensors, and agents do not warrant that: (a) the website or its content will meet your requirements; (b) your use of the website will be uninterrupted, timely, error-free or secure, or that the website or any content are free of viruses or other harmful components; (c) the quality of any websites, information, or other material obtained by you through the website will meet your expectations; or (d), that defects, if any, will be corrected.

 

You agree that we shall have no responsibility for any damages suffered by you in connection with the website or any content contained therein including but not limited to loss of data, errors, system down time, network or system outages, communications line failure, file corruption, or website interruptions caused by negligence on our part or on the part of our affiliates and service providers, or a user's own errors and/or omissions, all irrespective of the theory upon which any claim may be based, even if we have been advised of the possibility of such damages.

 

Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the website or from any content posted on or through the website. You assume all responsibility and risk for your use of the website and your reliance thereon. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of any content.

 

You acknowledge that we make no warranty or representation that confidentiality of information transmitted through this site will be maintained. The Company assumes no responsibility for any theft or destruction or unauthorized access to, or alteration of, any User Content or communication.

 

8. Limitation of Liability

To the fullest extent permissible pursuant to applicable law, neither the Company nor any party acting on our behalf nor any other party involved in creating, producing, transmitting, or distributing the service, shall be responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of goodwill, loss of data or other intangible losses), under any theory of law including under contract, negligence, strict liability or other theory arising out of or relating in any way to the website (even if we have been advised of the possibility of such damages).

 

You expressly understand and agree that except for the forgoing and to the fullest extent permissible by applicable law, your sole and exclusive remedy for dissatisfaction with the website is to stop using the website.

 

9. Dispute Resolution

These Terms shall be construed in accordance with, and governed for all purposes by, the substantive laws of the State of Israel without regard to conflicts of law provisions. You agree that any claim or dispute you may have against The Company and its directors, officers, employees and consultants must be resolved by a court located in Tel Aviv, Israel, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

10. Miscellaneous

If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise illegal or unenforceable under any applicable statute or rule of law, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect and Agreement shall in no way be affected or impaired.

 

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us (including any information made available on the Website) with respect to such subject matter.

 

If you have any questions or comments regarding these Terms, please contact the Landa Team: team@landanano.com

 

BY CLICKING "I ACCEPT", OR BY CHECKING THE APPLICABLE CHECKBOX, OR OTHERWISE SIGNING UP FOR THE WEBSITE OR INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS A BINDING AND ENFORCEABLE OBLIGATION.