1. Modification. We reserve the right, at our discretion, to modify this Agreement at any time. Such modification will be effective following posting of the revised Agreement on the Website, and your continued use of the Website thereafter means that you accept those modifications.
2. Ability to Accept. The Website is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Website. If you are between 13 and 18 years of age, then you must review this Agreement with your parent or guardian before visiting or using the Website to make sure that you and your parent or guardian understand this Agreement and agrees to them.
3. Website Access. For such time as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Website solely for your own personal and non-commercial use, and provided that you comply with this Agreement. Except for the foregoing right, we do not grant you any right or licenses to any of our or a third party's Intellectual Property Rights.
4. Restrictions. As a condition to your right to access and use the Website, you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Website; (b) sell, assign, lease, lend, rent, distribute, or make available the Website to any third party, or otherwise offer or use the Website in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Website; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Website; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Website; (f) make a derivative work of the Website, or use the Website to develop any service or product that is the same as (or substantially similar to or competitive with) the Website; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Website; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Website; and/or (j) use the Website to infringe, misappropriate or violate any third party's Intellectual Property Rights (as defined below), or any law.
7. Linking. We permit you to link to the Website provided that: (i) you link to (but do not replicate) any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with Zenthic or present any false information about us, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior consent to do so; (iv) you shall not link from a website which prohibites linking to third parties; (v) the website from which you link to the Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights; and/or (vi) you, and your website, comply with this Agreement and applicable law.
8. Intellectual Property Rights.
9. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
10. Third Party Content. The Website may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, "Third Party Content"). The Website may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.
11. Warranty Disclaimers.
12. Limitation of Liability.
13. Indemnity. You agree to defend, indemnify and hold harmless Zenthic and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Website; or (ii) breach of any provision of this Agreement.
14. Term and Termination.
15. Consequences of Termination and Survival. Upon termination of this Agreement your right to access and use the Website will automatically terminate and be deemed revoke. Sections 9 (Intellectual Property Rights) through 25 (Entire Agreement) inclusive shall survive any termination of this Agreement. Termination shall not affect any rights and obligations accrued as of the effective date of termination.
16. Assignment. Zenthic may assign this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign (or in any other way transfer) this Agreement (or any of your obligations or rights hereunder) without Zenthic's express prior written consent. Any prohibited assignment shall be null and void.
17. Governing Law and Place of Jursidiction. This Agreement (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of the State of State of Israel, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement and are hereby disclaimed. The competent courts of the city of Tel Aviv-Yaffo shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement.
18. Independent Contractors. You and Zenthic are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Zenthic. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Zenthic.
19. Remedies. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.
20. Waiver. No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Zenthic, the writing must be duly signed by an authorized representative of Zenthic), and shall be valid only in the specific instance in which given.
21. Entire Agreement. This Agreement represents the entire agreement between Zenthic and you with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and Zenthic with respect to such subject matter. You acknowledge and agree that in entering into this Agreement you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement; for example, statements and explanations in any FAQs or other marketing material on the Website (defined below) are for convenience only, and are not binding or a part of this Agreement.