MIGAL - GALILEE RESEARCH INSTITUTE
Last updated on: January 1, 2020
1. Acceptance of Terms
- 1.2. By continuing using the Website and/or the Services, in whole or in part, you hereby affirm your consent with the terms of the Agreement, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms.
- 1.3. Please note that there may be special rules for the use of certain software and other items accessible on the Website and/or the Services which may be included elsewhere within the Website and/or the Services. Such rules are hereby incorporated into the Terms by reference.
- 1.4. In registering for the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form; and (b) maintain and promptly update the registration data you have provided, to keep it true, accurate, current and complete. Note that there are certain password protected areas, which are available only to certain types of users who are allowed to see the respective content within the Website.
- 1.5. It is your responsibility to safeguard the login and password that you use to access the Services and the Website and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify Migal immediately of any unauthorized use of your account.
2. Changes to the Terms
- This Website and/or Service are not intended for use by individuals who have not reached the age of legal majority in their jurisdiction. Specifically, that is the age at which an individual is recognize by the applicable law to be an adult and responsible for any legal obligations created by his or her actions. By using the Website and/or the Service you affirm that you have reached the age of legal majority in your jurisdiction.
4. Prohibited Uses
- 4.1. The use of and/or access to the Website and/or the Service by you is and shall remain solely your responsibility, including for all acts or omissions associated and/or related to such use and/or access. You may use our Website and/or Service only for lawful purposes.
- 4.2. You may not use our Website and/or Service in any manner that:
- 4.2.1. breaches any of the Terms.
- 4.2.2. breaches any applicable local, national or international law or regulation;
- 4.2.3. infringes our copyright, trademark, trade secret or other intellectual property rights, or of third parties, or violate the privacy, publicity or other personal rights of others;
- 4.2.4. is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- 4.2.5. has the potential to, interfere with any other party’s use or enjoyment of the Website (or servers or networks connected to it) and/or the Service.
- 4.2.6. transmits, or procures the sending of, any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (spam).
- 5.1. Migal hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Website solely for the purpose of accessing the Services and information available from the Service with respect to such the Website. You shall not (i) use, reproduce, modify or create derivative works of the script, or (ii) allow third party access to all or any portion of the script or Service.
- 5.2. Updates. You understand that the Services are evolving. As a result, we may require you to accept updates to the Services that you have installed on your computer, if any. You acknowledge and agree that we may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
6. Your Representations and Warranties
- You represent and warrant to us that: (a) you have, and will have at all times, all right, title and interest necessary to grant to us any and all licenses hereunder for the purposes contemplated by these Terms; (b) you have, and will have at all times, all permits, licenses, and consents required in connection with the receipt and use of the Services and as required to fulfill your obligations and grant to us any and all rights, licenses and consents hereunder, including, without limitation, in respect of the Submitted Information; and (c) you and your use of the Services comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, and ordinances.
7. Ownership of Proprietary Rights
- All the intellectual property rights evidenced by, and/or contained, and/or related to the Website and/or the Service, including, without limitation, any related content that may be created in connection with the use of or registration to the Website and/or the Service shall be owned by us. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, and names set forth on the Website and/or the Service that are not the property of Migal, are the property of their respective owners. You do not acquire any ownership rights by using the Website or Service or downloading material from or uploading material to the Website or Service.
- 8.1. You agree not to use the Website and/or Service for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement.
- 8.2. We may change, modify, suspend, or discontinue any aspect of the Website and/or Service at any time. We may also impose limits on certain features or restrict or prohibit your access to parts or all of the Website and/or Service without notice or liability.
- 8.3. You shall have sole responsibility and liability for submitted any and all material, text, photographs, videos, and information (including audio information and content) or other data and/or content provided and/or uploaded and/or transmitted and/or submitted and/or published and/or otherwise made available by you and/or on your behalf (the “Submitted Information”). You represent and warrant to Migal that your Submitted Information: (i) comply and will at all times comply with all applicable laws, rules and regulations, the Terms and do not and will not infringe the rights of any third party, including any intellectual property rights and the rights of publicity or privacy; (ii) is accurate and updated; and (iii) is and shall be free from any restrictions, third party rights, payment obligations. You agree to pay for all royalties, fees, and any other monies as you requested for our Services.
- 8.4. Any Submitted Information provided by you remains your property.
- 8.5. Migal does not endorse and shall not be liable for any and all parts of the Submitted Information, but has the right to review, monitor, remove or edit any of the Submitted Information, at its sole discretion, without notice to you in order to (i) operate, secure and improve the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with the Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in the Terms. You agree to cooperate with and assist Migal in good faith, and to provide us with such information and take such actions as may be reasonably requested by Migal with respect to any investigation undertaken by Migal or a representative of Migal regarding the use or abuse of the Service.
- 8.6. Without derogating from your ownership of the Submitted Information, by submitting or transmitting any Submitted Information to or through the Website and/or the Service, you grant Migal (as a processor of the information) a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, digitally perform, modify, directly or through third parties, create derivative works of your Submitted Information for the purpose of providing the Service. Except as needed to provide the Services, we will not use your Submitted Information except if you gave us your explicit consent to use your Submitted Information for similar Service.
- 8.8. You agree to be bound by any application, tool, or content specific rules published within the Website and/or Service. Any use of any Submitted Information or any other content or materials NOT expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. If you violate any of the Terms, your permission to use the Website or any of its content and/or the Service, automatically terminates and you must immediately destroy any copies you have made of any portion of such information.
9. Third party Content
- The Website may contain links to other Website, materials and Service that are not under our control (“Third-Party Materials”). The inclusion of any link is provided solely as a convenience to you and does not imply any endorsement by us of such Third-Party Materials and we are not responsible for the content or functionality of any Third-Party Materials.
- 10.2. For contractual purposes, by submitting your e-mail you hereby agree: (a) to receive communications from us in an electronic form via the email address you may have used; and (b) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any of your rights which may not be waived. If you do not understand and/or agree to any of the Terms, please do not use the Website and/or the Service and do not provide your Personal Information
11. Limitation of Liability and Release
- 11.1. To the maximum extent permitted under any applicable law, under no circumstances whatsoever will Migal and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any direct, compensatory, indirect, incidental, or consequential damages, including, but not limited to, any lost profits and/or lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data (or corruption of data), or other intangible losses, special, exemplary, or punitive damages, or personal injury or property damage, that result from or relate in any manner whatsoever to your use of the Website and/or the Service, and/or reliance on the Website and/or the Service and/or the Submitted Information and/or your inability to access and/or use of the Website and/or the Service, including, without limitation, any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Migal and/or to any other matter relating to the Website and/or the Service and/or the Submitted Information.
- 11.2. To the maximum extent permitted by any applicable law, you forever release, discharge and agree not to sue us from any and all liability, claims, actions and expenses that may arise in connection with your use of the Website and/or Service. You agree that this section will survive any termination of your account, the Website, the Service or this Agreement.
- 11.3. Migal does not represent or guarantee that the Website and/or the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Migal disclaims any liability relating thereto.
- 11.4. WE PROVIDE THE WEBSITE AND SERVICE ON AN “AS IS” BASIS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH WEBSITE PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE WEBSITE AND/OR SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICE WILL BE 100% SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; OR THAT THE WEBSITE OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. THE WEBSITE AND SERVICE ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY.
- To the maximum extent permitted by any applicable law, you agree to indemnify, defend and hold, Migal and its affiliates, and their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to: (i) any use by you of the Website and/or the Service; (ii) any misrepresentation made by you to any third party, (iii) your violation of laws, regulations or third party rights, including, without limitation, any intellectual property, property or privacy right, and including any third party claim in respect of the Submitted Information; and (iv) your breach of the Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- We reserve the right to suspend or cease providing the Migal Service or any portion of the Migal Service, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the Migal Service if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others use of the Services. If we suspend or terminate your use, we will try to let you know in advance. If you want to terminate the Services at any time, you may do so by (a) notifying Migal and (b) closing your account for the Services that you use. Your written notice should be sent to Migal address set forth in the Notice section below or to: email@example.com.
14. General Provisions
- 14.1. Entire Agreement. This Agreement constitute the entire agreement between you and us with respect to the subject matter hereof and may only be modified by written amendment duly executed by us.
- 14.2. No Waiver. No waiver or alteration from the Terms by us will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not constitute a waiver of any of our rights. All waivers must be in writing. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- 14.3. Assignment. You may not assign or transfer your rights and obligations under the Terms. Any attempted or actual assignment thereof by you will be null and void. Migal may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
- 14.4. Severability. If any provisions of the Terms are held to be illegal, invalid, or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions shall continue to remain in full force and effect.
- 14.51. Governing Law and Jurisdiction. The Terms and your use of the Website and/or the Service will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel. The exclusive place of jurisdiction for resolving any conflicts is in the courts of Tel Aviv, Israel, and you expressly waive any right to object to such personal jurisdiction or the convenience of such forum. You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Contact Us
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Website and/or the Service at firstname.lastname@example.org .