Terms of Use
Thank you for visiting the Formatk Systems web site. This page sets out the terms and conditions (“Terms and Conditions”) which will govern your use of this web site and any other web site (collectively, the “Site”) operated and administrated by Formatk Systems or any of its affiliates, divisions, or subsidiaries that provides content or processes information received through the applicable Site, each as appropriate and applicable.
Compliance with these Terms and Conditions is a condition to your use of the Site. If you do not agree to be bound by these Terms and Conditions, promptly exit this Site.
Ownership Of The Site
All content included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) (the “Site Content”) is the property of Formatk Systems or its content suppliers and is protected by international copyright and trademark laws. The compilation of all content on this Site is the exclusive property of Formatk Systems and is protected by international copyright laws. All software used on this Site is the property of Formatk Systems or its software suppliers and is protected by international copyright laws. The Site Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of Formatk Systems, except that you may download Site Content to any single computer for your personal use only, provided you keep intact all copyright, trademark and other proprietary notices and comply with any applicable end user license agreements. No part of any Site Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use in accordance with these Terms and Conditions (but in no event for resale or redistribution). You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Site Content or other proprietary information of Formatk Systems without first obtaining the express written consent of Formatk Systems.
Data
You acknowledge and agree that Formatk Systems shall have a royalty-free, perpetual, paid-in-full, irrevocable, non-exclusive and transferable right and license to use any and all data, records and other information transmitted to, by or through the Site, or otherwise provided to Formatk Systems in connection with the use of the Site (the “Data”), for Formatk Systems’ business purposes and for all media now known or later developed. Included within the rights set forth above, Formatk Systems shall have the specific right to develop, populate and modify a database embodying all the Data compiled by Formatk Systems on the Site (the “Site Database”). You acknowledge that the Site Database is continually refined and updated and that the Site Database may expand as a result of the Data obtained during your use of the Site. As a condition of using this Site, you further agree that (i) Formatk Systems may gather such Data by physical or electronic means; and (ii) Formatk Systems will retain ownership of, and all right, title and interest in and to, the Site Database, as amended from time to time.
Trademarks
Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used Formatk Systems in connection with the Sites (collectively, the “Trademarks”) are the subject of other intellectual property rights reserved by us and are not licensed hereunder. All product names, whether or not appearing in large print or with the trademark symbol. Formatk Systems Trademarks and trade dress may not be used without the prior written permission of Formatk Systems. This prohibition on use of the Trademarks extends to their use in trade names or Internet names, including domain names and social network identifiers.No right, license, or interest to Formatk Systems Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Formatk Systems Trademarks and therefore you will avoid using any of those Trademarks.You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these terms of use.Any rights not expressly granted herein are reserved.
Accuracy and Integrity of Information
Although Formatk Systems attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Formatk Systems. Information contained on the Site may be changed or updated without notice.
Interactive Areas
With respect to any interactive areas on the Site, if any, you may post comments and other content, and submit suggestions, ideas, comments, questions or other information, only so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and only so long as such content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form or spam. Formatk Systems reserves the right, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post messages or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards and other user forums, and the content of any such communications. Formatk Systems, however, will have no liability relating to or arising from the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Formatk Systems retains the right to remove, in its sole and absolute discretion, communications that include any material deemed by Formatk Systems in its sole discretion to be abusive, defamatory, obscene or otherwise inappropriate.
Disclaimer of Warranties
Formatk Systems DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. Formatk Systems SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. Formatk Systems DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THIS SITE, SITE RELATED SERVICES AND HYPERLINKED WEB SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Formatk Systems DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT Formatk Systems SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of the Site
Formatk Systems AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE- RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend and hold harmless Formatk Systems and its affiliates and information providers and its and their officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions.
Links or Pointers to Other Sites
Formatk Systems makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Formatk Systems site, please be aware that such non-Formatk Systems Web site is independent from Formatk Systems and that Formatk Systems has no control over the content on that Web site. In addition, a hyperlink to a non-Formatk Systems Web site does not mean that Formatk Systems endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Formatk Systems that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
General
Formatk Systems reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall otherwise remain in full force and effect. This Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel, without regard to any choice of law rules. By using this Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to this Site and these Terms and Conditions shall be litigated solely in the state the state of Israel., and you waive any objection to any such court that is based on lack of personal jurisdiction, improper venue or forum non convenient. These Terms and Conditions constitute the entire agreement between Formatk Systems and you pertaining to the subject matter hereof. In its sole discretion, Formatk Systems may from time to time revise these Terms and Conditions by updating this posting. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Updates
Formatk Systems may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Formatk Systems does not have a duty to update information contained in this website, and Formatk Systems will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
