1. Acceptance. By attempting to use, using and/or accessing this web site (the “Site“), and certain internet services, Mobitech and content (“Services“) which are made available to you (“User“) by Mobitech (the “Brand“), User agrees to be bound by these Terms of Use (“TOU“) and the Privacy Policy available at [http://mobitech.io/?page_id=2742] (TOU and Privacy Policy together shall be referred to as the “Agreement“). If User does not agree with the Agreement or any modification thereof, User must not use the Site. the brand may at its sole discretion block User’s access to the Site or stop providing Services to User.
2. Age Requirement. By using the Site and the Services User represents that User is at least 18 years old, that User is authorized to use the Site and the Services, and that User agrees to be bound by the terms of this Agreement.
3. Warranties and Disclaimer. Site and Services are provided “as is”. the brand makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. the brand does not warrant that Site and Services are accurate, complete, or up-to-date. Site and Services might include technical, typographical, or photographic errors. the brand may amend the Site and the Services at any time without prior notice. the brand does not, however, commit to update the Site and Services. Moreover, the brand does not warrant or make any representations concerning the likely results, or reliability of the use of Site and Services or otherwise relating to such Site and Services or on any sites linked to the Site. Under no circumstances will the Brand be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site or any of the Services, problems or technical malfunction in connection with the use of the Site or any of the Services, any material downloaded or otherwise obtained in connection with the Site and/or any of the Services, any content, third party advertisement or Third-Party Services posted on, through or in connection with the Site and/or any of the Services, or the conduct of any users of the Site and/or the Services, whether online or offline. Nothing on the Site or in the Services or related therewith should be seen as professional advice or a formal recommendation. User’s use of the Site or of the Services, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely User’s responsibility and at User’s own risk. the brand does not warrant, or assume any responsibility for any content, product or services made available via Third-Party Services. the brand will not be in any way responsible for any activity made by and between User and any third party. the brand has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply that the brand endorses such site. Use of any such linked web site is at the User’s own risk.
4. Limitation of Liability. IN NO EVENT SHALL the brand OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOSS OF CONTRACTS, DATA, INFORMATION, GOODWILL, INCOME, ANTICIPATED SAVINGS OR BUSINESS RELATIONSHIPS, DAMAGES ARISING FROM USER’S USE OF THE SITE OR ANY OF THE SERVICES, EVEN IF the brand HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. USER’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SITE AND/OR SERVICES IS TO IMMEDIATELY DEINSTALL OR CEASE TO USE THE SITE AND/OR THE SERVICES. USER’S USE OF THE SITE AND OF THE SERVICES IS PROVIDED TO USER FOR NO PAYMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S PARTIES TOTAL LIABILITY TO USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (I) THE AMOUNT PAID, IF ANY, BY USER DIRECTLY TO COMPANY DURING THE 30 DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (II) US$15. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE FOREGOING LIMITATION ON LIABILITY. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 30 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
5. Indemnity. User agrees to defend, indemnify, and hold Company and its affiliates, respective officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses including reasonable attorney’s fees arising from User’s use of the Site and/or the Services or any Third-Party Site and/or Third-Party Services and/or User’s violation of this Agreement and/or violation of any third party right, including without limitation any license to use, copyright, proprietary, property, publicity, or privacy right or our use of any content in any manner that is not permitted under any applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
6. Third-Party Services. The Site and the Services may contain links to other websites (“Third-Party Sites“), 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 (“Third-Party Services“). Site, Services, Third-Party Sites and Third-Party Services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the brand. Neither the brand nor its employees, directors and/or shareholders will be liable and/or responsible for any use of the Site and/or Services and/or any Third-Party Sites and Third-Party Services accessed through, posted on, available through, or installed from the Site and/or the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Services. the brand makes no warranties or representations whatsoever with regard to any such information, content, software and/or services provided by such third parties. the brand has no control over these Third-Party Sites, each of which has separate terms of use governing their action and separate privacy and data collection practices independent of this Agreement. As such, the brand is not responsible for, nor does it have any control over, the content or the privacy policies or terms of use of those third parties. User should review the applicable terms and policies, including privacy policy and terms of use, of any site to which User navigates to or any applications User uses or installs from the Site and/or the Services.
7. Miscellaneous. (i) This Agreement shall be governed by the laws of the State of Israel without regard to the principles of the conflict of law. The competent courts located in Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement; (ii) The Agreement shall be enforced to the fullest extent permissible under any applicable law. Accordingly, if any particular portion of this Agreement shall be adjudicated to be invalid or unenforceable, it shall be deemed to be amended to delete the portion thus adjudicated to be invalid or unenforceable, and the remaining portions of this Agreement shall remain in full force and effect; (iii) Without limiting any other terms of the Agreement, the brand may always in the brand’s sole discretion block User’s access to the Site or stop providing, terminate or disable User’s use of the Site and/or Services, even if the brand has previously allowed User to use Site and Services; (iv) User agrees that the Agreement constitutes the entire agreement between User and the brand, with respect to User’s use of this Site and Services and supersede all previous agreements, understandings and representations relating thereto. the brand’s failure to exercise or enforce any of the brand’s rights or provisions under the Agreement shall not be deemed or operate as a waiver of any such right or provision; (v) the brand may, from time to time modify the Agreement. If User does not agree to (or cannot comply with) the Agreement as amended, User’s only remedy is to stop using the Site or Services. User is advised that if User does not terminate all use of the Services, the Site or any portion thereof User will be deemed to have accepted the Agreement as amended.
8. Notice and Takedown Procedure
Illegal Content. the brand does not permit the utilization of its Site and Services for illegal purposes. Accordingly, if User believes that any content that has been made available to User through the brand’s Site and Services infringes any of User’s individual legal rights (including intellectual property rights) (“Alleged Infringing Content“), please provide the below defined Designated Person with necessary information (according to the terms specified below).
Notice. the brand has nominated one of its employees (details of which are provided below) (“Designated Person“) to receive notifications about Alleged Infringing Content made available through the brand’s Site and Services (“Notice“). If Alleged Infringing Content has been made available to User through the brand’s Site and/or Services, please provide the Designated Person with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the right claimed to have been infringed, or, if multiple rights are claimed to have been infringed at a single content unit, a list of all rights allegedly infringed; (iii) 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 the brand to locate the material; (iv) Information reasonably sufficient to permit the brand to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of infringes its rights, or applicable law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please consider seeking legal advice before submitting Notice.
Counter-Notice. the brand respects other parties’ rights to the materials served through its Site and Services. Therefore the brand may at its discretion give the party presenting the Alleged Infringing Content the opportunity to present his response to the Notice (“Counter-Notice“) as follows. Counter-Notice must be a written communication provided to the Designated Person and at least include the following: (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and that the provision by the brand material does not violate applicable law; and (iv) The subscriber’s name, address, and telephone number. Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consider seeking legal advice before submitting Counter-Notice. If a Counter-Notice is submitted with respect to any Alleged Infringing Content, the brand will notify the Notice provider of such Counter Notice. Thereafter, if Notice provider does not provide the brand with a statement under penalty of perjury that it has filed a claim to a court of a competent jurisdiction with respect to the Alleged Infringing Content, within 14 business days after the brand had notified him of such Counter Notice, the brand will be free to continue to use the Alleged Infringing Content.
the brand’s Designated Person. the brand’s Designated Person to receive Notices and Counter-Notices of claimed infringement can be reached as follows: [email protected]
General provisions concerning notices. (i) All Notices or Counter-Notices must be submitted in English or Hebrew to the Designated Person. Notices or Counter-Notices not submitted to the Designated Person will not be answered. If translated materials are submitted, please provide a notarized authorization of the translations; (ii) User acknowledges that if User fails to comply with all of the above requirements User’s Notice and/or Counter-Notice may be invalid and not dealt with by the brand; (iii) Only Notice and/or Counter-Notice should go to the Designated Person. the brand reserves the rights to demand additional information, details, technical evidence to support any Notice or Counter Notice provided, and reserves the right not to deal with any Notice or Counter Notice not supported with such additional information required; and (iv) It is hereby clarified that nothing provided herein above, shall derogate from the brand’s right to remove or not remove any content provided through its Site and Services (whether Alleged Infringing Content or not).