By accessing, browsing, submitting information to, or otherwise using the Website, you signify your assent to these ToU. If you do not agree to any of these terms, then please do not use the Website. The latest ToU will be posted on the Website. Any changes to these ToU shall be effective immediately following the posting of such changes in the Website. You agree to review these ToU from time to time and agree that any subsequent access to or use by you of the Website following changes to the ToU shall constitute your acceptance of all such changes.
These ToU apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by eyeSight. eyeSight has no control over, and assumes no responsibility or liability for the content, privacy policies, or practices of any third party websites and any visit to or use of such other third party websites, services or contents, are governed by their policies and terms. In addition, eyeSight will not and cannot censor or edit the content of any third-party website. Please note that the policies and procedures of eyeSight described herein do not apply to these third-party websites. eyeSight recommends that you contact these third-party websites directly for information on their privacy, security data collection and distribution policies. By using the Website, You expressly relieve eyeSight from any and all liability arising from your use of any third-party website or its products.
3. Electronic Communications
When you submit content on the Website or contact eyeSight through the “Contact Us” option, you are communicating with us electronically. For that purpose, you shall be required to provide your contact information, including email address; by that, you grant us the permission to contact you through the communication details provided by you. If you do not wish to provide us with such communication details or do not wish eyeSight to use such communication details as set forth herein, please do not provide such details; however, please note that provision of such communication details may be a pre-requisite condition to use these options on the Website. Without derogating from the provisions of Section 11 below, you hereby agree that all agreements, notices, disclosures and other communications that eyeSight provides you electronically satisfy any legal requirement that such communications be in writing.
4. Website Access
4.1. eyeSight hereby grants you permission to use the Website as set forth in these ToU, provided that: (i) you will not copy or distribute any part of the Website (excluding your own Content) in any medium without eyeSight’s explicit prior written authorization; (ii) you will not alter or modify any part of the Website; and (iii) you will otherwise comply with the terms and conditions of these ToU.
4.2. In order to access the Website’s content and upload content thereto, subject to these ToU, you may have to create an account on the Website (the “Account”). Registration for an account will require provision of some personal details, including your email address, which shall be kept by eyeSight internally for operational purposes, including contacting you, and as otherwise set forth herein.
4.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the content provided by the Website for any commercial solicitation purposes.
6. Intellectual Property Rights
The content of the Website, including without limitation, appearance of the Website, the text, content of text, software, scripts, graphics, trade names and the concepts underlying all of the above, and the like, and any game or other application of eyeSight and/or based on eyeSight’s technology if and as they appear in the Website (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to eyeSight, subject to copyright and other intellectual property rights under Israeli and foreign laws and international conventions. Materials and Marks on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the explicit prior written consent of eyeSight in each instance. eyeSight reserves all rights not expressly granted in and to the Website and the Materials and Marks. You agree not to engage in the use, copying, or distribution of any of the Materials and/or Marks other than expressly permitted herein, including any use, copying, or distribution of the Content for any commercial purposes. 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 content and/or use of Materials and/or Marks or enforce limitations on use of the Website or any content thereon, the Materials and/or Marks. Other services and products marks that appear on the Website do not imply that a license in them has been granted for any future use.
7. No Warranty; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EYESIGHT, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EYESIGHT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE MATERIALS OF ANY SITES LINKED TO THE WEBSITE AND/OR TO ANY SITES TO WHICH THE WEBSITE IS LINKED, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, QUALITY OR INACCURACIES OF THIRD PARTIES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EYESIGHT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION. EYESIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.YOU SPECIFICALLY ACKNOWLEDGE THAT EYESIGHT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OF CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EYESIGHT MAKES NO REPRESENTATIONS THAT THE WEBSITE IS LEGALY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE WEBSITE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. WITHOUT DEROGATING FROM THE PROVISIONS ABOVE, IT IS HEREBY AGREED THAT IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, A COMPETENT COURT DETERMINES THAT EYESIGHT IS LIABLE FOR A DAMAGE OR LOSS OF A THIRD PARTY, THEN THE TOTAL LIABILITY OF EYESIGHT SHALL NOT EXCEED USD10,000 FOR CAUSES OF ACTION OF SUCH THIRD PARTY.
You agree to defend, indemnify and hold harmless eyeSight, its, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your misuse of the Website; (ii) Your violation of any term of these ToU; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these ToU and Your use of the Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToU, and to abide by and comply with these ToU. If You are under 13 years of age, then please do not use the Website.
10. General. You agree that: (i) for the purpose of these ToU, the Website shall be deemed as based solely in the State of Israel; and (ii) the Website shall be deemed a passive website that does not give rise to applicability of your personal jurisdiction over eyeSight or its activities, either specific or general, in jurisdictions other than the State of Israel, and provisions of conflict of law shall not apply. (iii) These ToU shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and eyeSight that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Tel Aviv – Jaffa, Israel. (iv) These ToU, together with any other legal notices published by eyeSight on the Website, shall constitute the entire agreement between you and eyeSight concerning the Website and/or the Content and/or the use thereof. (v) If any provision of these ToU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these ToU, which shall remain in full force and effect. (vi) No waiver of any term of this these ToU shall be deemed a further or continuing waiver of such term or any other term, and eyeSight’s failure to assert any right or provision under these ToU shall not constitute a waiver of such right or provision. (vii) eyeSight reserves the right to amend these ToU at any time and without notice, and it is Your responsibility to review these ToU for any changes. Your use of the Website following any amendment of these ToU will signify your assent to and acceptance of its revised terms. (viii) YOU AND EYESIGHT AGREE THAT ANY CLAIM AND/OR ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT AND/OR THE USE THEREOF, MUST BE FILED AND/OR SUBMITTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OF SUCH CLAIM OCCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. (ix) Your rights and obligations hereunder may not be assigned or transferred.