Copyright © 2021 D-Fend Solutions AD, Ltd. All rights reserved.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
D-Fend hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and use our web site (the “Site”) and the information, materials, and documents on the Site (collectively defined as the “Content”) that we provide on our Site, solely for your personal, internal, non-commercial use, on condition that you comply with all your obligations under the following terms and conditions (“Terms”) and all modifications thereto. We grant you no other rights, implied or otherwise.
By accessing and/or using our Site, you are agreeing to comply with and be bound by the following Terms.
If you do not agree to these Terms at any time, you should not access or use this Site.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content provided therein.
The term “D-Fend”, “us”, “we” or “our”, refers to D-Fend, Ltd., the owner of the Site. The term “you” refers to the viewer of our website.
These Terms are void where prohibited by law, and the right to view the Site is revoked in such jurisdictions.
Intellectual Property Rights
D-Fend is the sole owner of the Content. The Content, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site and to the Content are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
The Content is the property of D-Fend, and is protected, without limitation, by Israeli, U.S. and foreign copyright and trademark laws, and in certain instances, Israeli, U.S., and foreign patent laws.
You do not acquire ownership rights to the Content (or to any part thereof).
We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in D-Fend and all related items.
Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided in the Content or displayed on the Site are the property of D-Fend or third parties, and no right to use such Marks is granted to you herein.
Except as otherwise provided in these Terms, you may not:
Copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Site or any Content retrieved therefrom, for any purpose;
Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Site solely for your personal, internal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;
While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libellous, defamatory, disparaging, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any D-Fend’s hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating an D-Fend employee, or affiliate, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to D-Fend’s computers, software, data, accounts or databases.
Use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, Content, data, or content found on the Site or accessed through the Site. You shall not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted hereunder; or flood the Site with electronic traffic designed to slow or stop its operation. You shall not disassemble, decompile, reverse engineer, or otherwise modify the Content. Any unauthorized or prohibited use shall subject the offender to civil liability or criminal prosecution under applicable laws.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Content are provided “As Is” and “As Available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied or statutory, including, but not limited to, any warranties of completeness, accuracy, availability, timeliness, usefulness, security, reliability or non-infringement of third party rights, and the implied warranties of merchantability, of satisfactory quality, or of fitness for a particular purpose.
We do not represent or warrant that the Site or the Content will be error-free, uninterrupted, free of viruses or other harmful components, or that defects will be corrected.
We disclaim any duty or obligation and make no commitment to update the Site or the Content.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL D-FEND, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY D-FEND PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF D-FEND HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESOR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE OR RELIANCE ON, THE SITE AND/OR THE CONTENT, (II) THE CONTENT CONTAINED ON THE SITE AND/OR ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT; REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF D-FEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (B) ANY THIRD PARTY CLAIMS AGAINST YOU.
No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms.
In addition, all responsibility or liability for any damages caused by viruses or other harmful components, is hereby disclaimed.
In no event shall D-Fend and its affiliates, directors, officers, employees and agents, total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty U.S. dollars (U.S. $50.00).
Any cause of action by you with respect to the Site and/or any Content, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.
The Terms shall expire when you discontinue use of the Site.
In the event of breach of the Terms, D-Fend may terminate your access to and your use of the Site and the Content.
Obligations and duties arising under the Terms, which by their nature extend beyond the termination of the Terms, shall survive any termination, and shall remain in effect for a period of one (1) year thereafter.
You shall indemnify and hold us and any of our affiliated companies harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any demand or claim brought against D-Fend by any third parties related to your access and/or use of the Site and/or Content.
Third Party Web Sites and Content
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, advertisements, the copyright notice, or other notices on the Site, (b) that you do not deep-link (i.e. include a link to one of our web pages other than our home page) to the Site for any purpose, (c) your site does not engage in illegal or pornographic activities, and (d) you discontinue providing links to the Site immediately upon request by us.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to D-Fend. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
If you believe that any Content infringes upon your intellectual property rights, you should notify us as set out in “Address and Notices” below.
Unsolicited Idea Submission Policy
You agree that any remarks, ideas, feedback, comments, suggestions, or any other information that you may provide to us (collectively, a “Submission”), is entirely voluntary, and that we will be free to use any such feedback, comments or suggestions as we will see fit, without any obligation or compensation to you or any other person sending the Submission. We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to us all rights therein. We will not be required to treat any Submission as confidential or proprietary. You acknowledge that you are responsible for whatever material you submit, and that you will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
We do not guarantee that your access to, or use of, the Site, or that any communications between you and us, will be free from unauthorized access by third parties. Any access to or use of the Site and/or of the Content us at your own risk.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
Without derogating from D-Fend’s right to seek injunctive relief in any jurisdiction it may deem fit, both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby acknowledge your consent to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.
Address and Notices
D-Fend’s corporate offices are located at 13 Zarhin Street, Ra’anana, Israel.
Any questions, complaints, claims, or other communication to D-Fend concerning the Site should be directed to: [email protected]
All communications between D-Fend and you shall be in English only.
Headings. The headings of the Sections in these Terms are for reference only and shall not be considered in the interpretation hereof.
Entire Agreement. These Terms, together with D-Fend’s Privacy Notice, contains the complete agreement between the parties and supersedes any prior understandings, agreements, or representations by or among the parties, which relate to the subject matter of these Terms. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Changes. D-Fend reserves the right, at any time and from time to time, without notice or liability, to change any of the provisions of these Terms. Any such changes will be effective immediately and incorporated into these Terms by this reference. By entering and/or using this Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
Waiver. No waiver on the part of D-Fend of any right under these Terms shall be effective unless in writing and signed by D-Fend’s duly authorized representative. No waiver on the part of D-Fend of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms.
No Partnership. Nothing contained in these Terms shall be construed as creating a partnership, joint venture, agency or other similar relationship between D-Fend and you, nor as granting the you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for D-Fend.
Assignment. You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under these Terms without prior written approval by D-Fend, and any purported assignment or transfer without D-Fend’s consent shall be null and void. D-Fend may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise.
No Third Party Beneficiaries. These Terms do not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.