Terms & Conditions For Use Of Email Service
If you do not agree to these Terms, please do not use the Email Service or register as a user.
INTRODUCTION AND ABOUT US
Israel Net Guide Ltd (hereinafter: "Netguide" or "the Company") is a company registered in Israel, whose office is at PO Box 32169, Tel-Aviv 6132101.
ACCESS TO THE SITES
Access to the Email Service is permitted on a temporary basis and Netguide reserves the right to withdraw the Email Service (in whole or in part) or amend any part of them (including but not limited to content and materials on the Email Service and any services made available through them). Netguide shall not be liable if for any reason the Email Service is unavailable at any time or for any period.
YOUR RELATIONSHIP WITH NETGUIDE
- Your use of the Email Service and any products, software and services is subject to the terms of a legal agreement between you and Netguide.
- The Terms form a legally binding agreement between you and Netguide in relation to your use of the Email Service. It is important that you take the time to read them carefully.
- The Terms apply to all users of the Email Service, including users who are also contributors of video content, information, and other materials or services to the Site.
ACCEPTING THE TERMS
- In order to use the Email Service, you must firstly agree to the Terms. You may not use the Email Service if you do not accept the Terms.
- You can accept the Terms by simply using the Email Service. You understand and agree that Netguide will treat your use of the Email Service as acceptance of the Terms from that point onwards.
- You may not use the Email Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Netguide, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Email Service under the laws of the country in which you are resident or from which you access or use the Email Service.
- You should print off or save a local copy of the Terms for your records.
LANGUAGE OF THE TERMS
- Where Netguide provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Netguide.
- If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
CHANGES TO THE TERMS
- Netguide may make changes to the Terms from time to time. When these changes are made, Netguide will make a new copy of the Terms available on the Site.
- You understand and agree that if you use the Email Service after the date on which the Terms have changed, Netguide will treat your use as acceptance of the updated Terms.
- You should check the Terms regularly for changes.
- In order to access some features of the Email Service, you will have to create a Netguide account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Netguide account password secure and confidential.
- You must notify Netguide immediately of any breach of security or unauthorized use of your account that you become aware of.
- You agree that you will be solely responsible (to Netguide, and to others) for all activity that occurs under your Netguide account. Without limiting the generality of the foregoing, you specifically agree that in the event that Netguide is made the subject of a legal action for libel or for any other cause of action related to your activities on the Site, that you will hold Netguide, its agents and assigns, harmless from any loss or expense incurred in relation to such legal action, including payment in advance of reasonably anticipated attorney's fees, costs and expenses incurred by Netguide in connection with such legal action, including actions performed prior to the institution of such legal action and any subsequent appeals that are made pursuant to the sole discretion of the Company. In addition, you will hold the Company harmless from any losses incurred with respect to the payment of any judgment including costs incurred in the Execution process.
- At any time you can request that we delete your account and all information we hold on you unless there is a legal basis or legitimate interest in retaining the information. For example, material we hold may be used in legal proceedings. However, in the absence of a legal basis or legitimate interest you have right to be forgotten by us. If you would like to delete any account we have with you please email: firstname.lastname@example.org.
GENERAL RESTRICTIONS ON USE
Netguide hereby grants you permission to access and use the Email Service and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these
conditions shall constitute a breach of these Terms on your part:
- you agree not distribute any part of or parts of the Email Service, including but not limited to any User Submissions (as defined below), in any medium without Netguide's prior written authorization;
- you agree not to alter or modify any part of the Email Service or any of the Services;
- you agree not to access User Submissions (defined below) or other content made available on the Email Service through any technology or means other than the video playback pages of the Email Service itself or such other means as Netguide may explicitly designate for this purpose;
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Email Service or features that (i) prevent or restrict use or copying of any User Submissions or content or (ii) enforce limitations on use of the Email Service or the content accessible on the Email Service;
- you agree not to use the Email Service or any Services for any commercial use, without the prior written authorization of Netguide.
- if you use the any part of Netguides address on your Email Service, you must include a prominent link back to the Email Service;
- you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Email Service in a manner that sends more request messages to the Netguide servers in a given period of time than a human can reasonably produce in the same period.
- by using a publicly available, standard (i.e. not modified) web browser;
- you agree not to collect or harvest any personal data of any user of the Email Service or any Service (and agree that this shall be deemed to include the Site account names);
- you agree not to use the Email Service and the Services (including the comments and email features in the Email Service) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- you agree not to solicit, for commercial purposes, any users of the Email Service with respect to their User Submissions; and
- You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Services.
- Netguide grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Netguide reserves the right to revoke these exceptions either generally or in specific cases.
- Netguide is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Site provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Netguide may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Netguide's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Netguide when you stop using the Services.
- You agree that you are solely responsible for (and that Netguide has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Netguide may suffer) of any such breach.
- Netguide hereby grants you permission to access and use the Email Service and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- Netguide operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party.
- Where it is believed a copyright infringement has occurred an infringement notification should be sent to Netguide, the notification should be in writing and should include the following information:
- Include a statement telling us that you have found an article or video on the Site which you believe infringes your copyright.
- Tell us which country your copyright applies to.
- Tell us the title of the article or video concerned and the full URL for its page.
- Explain to us in what way that article/video infringes your copyright (e.g. you are the original author, the sound is copied, the entire video is a copy of an original work made by you, etc.)
- Identify the type (e.g. a film, a written piece etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
- Provide us with your contact information so that we can get in touch with you (email address is preferred).
- Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
- I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
- Send the notice, in writing, to the following address: Netguide Email: email@example.com
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Make sure you know whether the content that you have seen on the Site infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
- As part of Netguide's copyright policy, Netguide will terminate user access to the Email Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
YOUR USER SUBMISSIONS
- As a Site account holder you may submit video content ("User Videos"); photographic content ("Use photographs"); audio content ("User audio") and textual content ("User Comments") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, Netguide does not guarantee any confidentiality with respect to any User Submissions.
- You retain all of your ownership rights in your User Submissions, but you are required to grant limited license rights to Netguide and other Email Service users. These are described in paragraph 12 of these Terms (Rights of the license).
- You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Netguide does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Netguide expressly disclaims any and all liability in connection with User Submissions.
- You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Netguide to use your User Submissions for the purposes of the provision of the Site, and otherwise to use your User Submissions in the manner contemplated by the Email Service and these Terms.
CONTENT OF YOUR USER SUBMISSIONS
- You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the Site Community Guidelines, found at the Site as updated from time to time.
- You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Netguide to use or possess in connection with the provision of the Services.
- You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question and to grant Netguide the license referred to in paragraph 12.1 below.
- Netguide reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
- You further understand and acknowledge that in using the Email Service and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Netguide with respect to any such User Submissions.
RIGHTS YOU LICENSE
- When you upload or post a User submission to the Site, you grant:
- to Netguide, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Email Service and Netguide's business, including without limitation for promoting and redistributing part or all of the Email Service (and derivative works thereof) in any media formats and through any media channels;
- to each user of the Email Service, a worldwide, non-exclusive, royalty-free, license to access your User Submissions through the Email Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Email Service and under these Terms.
- The above licenses granted by you in User Submissions terminate when you remove or delete your User Videos from the Email Service. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 10.2 above.
- Netguide operates a creative commons license which allows third parties to republish work from our Email Services as long as it is attributed properly. By submitting your work to Netguide you are permitting third parties to publish the work as long as it references where the original content was sourced.
- When you upload or post a User submission to the Site, you grant:
THE SITE CONTENT ON THE EMAIL SERVICE
- With the exception of User Submissions, all other content on the Email Service including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Email Service (the "the Site Content") is either owned by or licensed to Netguide, and is subject to copyright, trade mark rights, and other intellectual property rights of Netguide or Netguide's licensors. Any third party trade or service marks present on the Site Content are trade or service marks of their respective owners.
- the Site Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Netguide, or Netguide's licensors. Netguide reserves all rights not expressly granted in and to the Site Content. The exception to this is where content is published under a creative commons license.
LINKS FROM THE SITE
- The Services may include hyperlinks to other web sites that are not owned or controlled by Netguide. Netguide has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Email Services.
- You acknowledge and agree that Netguide is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Netguide is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
ENDING YOUR RELATIONSHIP WITH THE SITE
- The Terms will continue to apply until terminated by either you or Netguide as set out below.
- If you want to terminate your legal agreement with Netguide, you may do so by (a) notifying Netguide at any time and (b) closing your the Site account. Your notice should be sent, in writing, to Netguide's address which is set out at the beginning of these Terms.
- Netguide may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Netguide is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- Netguide is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
- the provision of the Services to you by Netguide is, in Netguide's opinion, no longer financially viable.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Netguide have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
- Nothing in the Terms shall affect any statutory rights which you are always entitled to a consumer and that you cannot contractually agree to alter or waive.
- The Services are provided "as is" and Netguide makes no warranty or representation to you with respect to them.
- In particular Netguide does not represent or warrant to you that:
- your use of the Email Service will meet your requirements,
- your use of the Email Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Email Service will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Email Service will be corrected.
- No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Email Service except to the extent that they are expressly set out in the Terms.
LIMITATION OF LIABILITY
- Nothing in these Terms shall exclude or limit Netguide's liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to the overall provision in paragraph 17.1 above Netguide shall not be liable to you for:
- any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Email Service;
- any changes which Netguide may make to the Email Service, or for any permanent or temporary cessation in the provision of the Email Service (or any features within the Email Service);
- the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Email Service;
- your failure to provide Netguide with accurate account information;
- your failure to keep your password or Netguide.org account details secure and confidential.
- The limitations on Netguide's liability to you in paragraph 17.2 above shall apply whether or not Netguide has been advised of or should have been aware of the possibility of any such losses arising.
GENERAL LEGAL TERMS
- The Terms constitute the whole legal agreement between you and Netguide and govern your use of the Site completely replace any prior agreements between you and Netguide in relation to the Email Service.
- You agree that Netguide may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site Email Service.
- You agree that if Netguide does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Netguide has the benefit of under any applicable law), this will not be taken to be a formal waiver of Netguide's rights and that those rights or remedies will still be available to Netguide.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with Netguide under the Terms, shall be governed by the laws of the State of Israel. You and Netguide agree to submit to the exclusive jurisdiction of the courts of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Netguide shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
- Upon receipt of your order, Netguide will send an automated acknowledgement itemizing your order. This acknowledgement is NOT confirmation or acceptance of your order.
- Acceptance of your order by Netguide takes place when the goods you have ordered are dispatched to you.
- Netguide will notify you via e-mail, or through the contact details you have provided, if Netguide do not accept your order. Netguide will not be liable for any loss incurred as a result of the provision of false or misleading contact information.
- Netguide will take payment from your payment card when the order is received by Netguide, subject to stock availability and revision of publications.
- In the event Netguide are unable to supply the goods you have ordered, Netguide will inform you as soon as possible either via e-mail or through the contact details you have provided and a full refund will be given as soon as is practicable.
- Payment will be made on the price indicated on the Email Service at the time of receipt of your order by Netguide.
- Prices detailed on the Email Service are inclusive of postage and packing unless stated otherwise.
- Prices indicated on the Email Service is subject to change. Any change in price will be posted on the Email Service.
- Goods ordered will be delivered to you within 10 days from the day of receipt of your order and is subject to the approval of your payment card for payment of the goods ordered. This is subject to
the following terms and conditions:-
- Netguide will not be liable for any delay or failure to deliver the goods ordered, if this is caused either directly or indirectly by circumstances beyond Netguide's control.
- Time of delivery of goods, may vary if the place of delivery is outside the State of Israel.
- You have a right to cancel your order as outlined in the Distance Selling Regulations as follows:-
- You may cancel your order for a full refund and may do so within 7 days commencing from the day after your order has been delivered by notifying Netguide either by sending an e-mail or by writing to us on the contact details stated in Clause 6.
- You are under a duty to take reasonable care of the goods ordered and may return them to Netguide at the address detailed above.
- The information that you provide in the course of your transaction will be processed and retained, for the purposes of completing your order, in accordance with applicable laws of the State of Israel.
If you have any queries or complaints, please contact Netguide at: firstname.lastname@example.org