LAST REVISED ON NOVEMBER 19, 2021
By accessing or using the Website, you acknowledge and agree that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, then you must stop accessing or using the Website. The Terms shall govern any and all kind of uses and features offered via the Website as may be available from to time to time.
By accessing the Website, you agree that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms and/or your use of the Website and the Services shall be resolved by final and binding arbitration in accordance with the process described below, to the maximum extent permitted under applicable law. Please read these Terms carefully as they contain a binding arbitration procedure and a waiver of your right to participate in class actions against Saxum.
We reserve the right, at our discretion, to revise, modify or update these Terms at any time. Such changes shall be effective upon publication of the amended terms. The last revision will be reflected in the “Last Revised” date above. Please make sure to review these Terms periodically. In the event of a material change to these Terms we will make best commercial efforts to inform you.
- We, at Saxum have developed the Website and have made it available for use by our users in accordance with this Terms and applicable laws and regulations. We serve the information, graphics, materials, videos and all other types and forms of content on an “as-is” basis and do not offer any religious or other advice.
- You hereby acknowledge and agree that for the purposes of improvement, repair, or upgrade of the Website or for any of the reasons for termination as set forth hereunder we shall be entitled, without any liability, to restrict, refuse, suspend, limit or interrupt the Website or any part thereof, without any notice to you.
ACCOUNT, ELIGIBILITY, USE OF THE WEBSITE
- Please note that donation made under the Website by anyone under the age of 18 or the age of the legal capacity to enter into agreements or make donations in the jurisdiction relevant to you is strictly prohibited. By accepting the Terms, you hereby represent that you are at least 18 years or older and that you have the legal capacity to enter into the Terms.
- You hereby undertake not to: (i) impersonate another person with respect to the Website; (ii) use the Account or Website in any unlawful, illegal, harmful manner or in breach of the Terms; (iii) use the Account or Website in any manner that could impair, disrupt, disable or damage the Website, or interfere with any other party’s use and enjoyment of the Website or Services; including by (a) taking any action that imposes, or may impose at our sole discretion an unreasonable overload on our Website or its infrastructure; (b) interfering with the proper working of the Website; (c) interfering with or damaging any server, equipment or network connected to or used to provide the Website or Services; or (iv) create a database by systematically downloading and storing all or any content from the Website. Note that even after termination of the Terms for any reason, you shall continue to be bound by the above restrictions on use with respect to the Website or Services. You acknowledge and agree that any breach of the terms herein shall entitle Saxum to suspend, revoke or terminate your Account.
- If you choose to make a donation to us, you will be requested to provide us with certain Personal Data, such as: your full name, e-mail address, billing and credit card information or Paypal account, your address and country.
- We shall collect the applicable donations (including any applicable taxes) via the payment services available in the Website. Please note that the donations are non-refundable.
INTELLECTUAL PROPERTY RIGHTS
- You hereby acknowledge and agree that all intellectual property rights including, but not limited to, all copyrights, trademarks, patents, characters, trade names, software code, trade secrets, icons, logos, layouts, and graphics are Saxum’s exclusive intellectual property and are all protected by national and international intellectual property laws and treaties including all applicable copyright laws and regulations. Please note that the Website may contain third-party copyrights, graphics, logos or trademarks, and you are not granted any right or license with respect to our trademarks or the trademarks of any third party.
- Subject to the terms and conditions of these Terms and your compliance with applicable laws and regulation, Saxum hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license and the right to use and access the Website on a device that you own or control, solely for your own internal purposes. Nothing in these Terms shall be construed to grant you any rights in the Website, and all such rights not granted hereunder are expressly reserved by Saxum.
- As part of the Website and the Services, we look forward to Users’ comments, suggestions or feedback including with respect to improvements, compliments, or other issues as related to the Website and the Services whether by directly messaging or corresponding with us or by posting content to our social accounts (collectively, the “Feedback”). Please be aware that Feedback provided to us shall not be considered confidential or proprietary. You acknowledge and agree that by submitting Feedback to us, you hereby grant us a fully paid-up, worldwide, non-exclusive, perpetual, sub-licensable, irrevocable license to use, reproduce, display and publish such Feedback or use any such Feedback for the improvement of the Website and the Services, without any additional consideration.
- Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from the Website, without our prior written consent. You hereby represent and undertake that you will not make any copies of, decompile or disassemble, reverse engineer, distribute, modify, adapt, translate or otherwise transfer, rent, lease, resell, sublicense or otherwise commercially exploit the Website or any part thereof, except as permitted hereunder.
- You acknowledge and agree that your use of the Website is at your own discretion and sole risk, and that the entire risk as to the results and performance of the Website, including, among others, any damages to your mobile device, computer system, well-being or any other device used to access the Website, or data stored on such devices, is solely yours.
- To the maximum extent not prohibited under applicable law, THE WEBSITE is PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE is PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Saxum AND ITS LICENSORS DO NOT WARRANT THAT THE website OR ANY CONTENT THEREIN IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE isFREE OF defects, errors, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE is DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- You acknowledge and agree that we are not liable for any failure to perform our obligations hereunder in case such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, and we shall not be held responsible for any damages caused to you or any third party that may result from third party technical issues such as traffic congestion, slow connections, or overload of our or other servers or any issues of telecommunications or internet providers.
LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Saxum, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE OR THE INFORMATION CONTAINED THEREIN.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Saxum ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF 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 STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
- WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT SHALL Saxum, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE LOWER OF: (A) THE AMOUNT YOU PAID TO Saxum HEREUNDER IN THE 6 MONTHS PRECEDING SUCH LIABILITY OR (B) US$ 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Saxum HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION.
- Please note that certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
- Please be aware that our Website or the Website are intended for general audiences, which are not directed to persons under 18 years old. If a parent or guardian becomes aware that his/her child has provided us with Personal Data without their consent, he/she should contact us immediately. We do not knowingly collect or solicit Personal Data from people under 18 years old. If we become aware that a person under 18 years old has provided us with Personal Data, we will delete such data from our databases.
We reserve the right to cancel your access to the Website or terminate your Account, at our sole discretion, at any time and for any reason, with or without notice to you. If you choose to cancel your Account and delete your data, you can do so at any time by sending us an email to: firstname.lastname@example.org or in accordance with the relevant parts in the Website. Your email must include the following subject line: “Request to Delete My Data” and include in the body of the email an express statement that you wish to terminate your Account and delete your data. It should be noted that following any termination, discontinuation or cancellation of your account, all provisions of these Terms which by their nature are intended to survive shall so survive, including, among others, licenses and intellectual property ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.
You agree to defend, indemnify and hold harmless Saxum, its 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 use of and access to the Website; (ii) any breach of the terms and conditions of these Terms by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right in connection with the Website; or (iv) any claim that an act or omission by you has caused damage to a third party in connection with the Website; or (v) your breach of any law, rule or regulation as applicable to you in connection with the Website.
THIRD PARTY WEBSITES
The Website and/or Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Saxum (collectively, and individually, the “Third Party Websites”).
These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood, and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites.
You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisements, or any other content of any of the Third Party Websites, their users, or for any transaction you may enter into with the provider of any such Third Party Websites.
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Israel, excluding its choice-of-laws principles. Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination, existence, legal competence or invalidity thereof, that is not subject to arbitration in accordance with these Terms, shall be exclusively settled by the competent courts in Tel Aviv.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES EACH USER TO ARBITRATE ALL DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH EACH PURCHASER CAN SEEK RELIEF FROM THE COMPANY.
- Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either a user or Saxum seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, the user and Saxum (i) except as expressly provided herein, waive your respective rights to have any and all Disputes arising from or related to these Terms resolved in any court, and (ii) waive your respective rights to a jury trial (if applicable to your jurisdiction of residence). Instead, you and Saxum shall arbitrate Disputes through binding arbitration provided in these Terms.
- Any Dispute arising out of or related to these Terms is personal to you and Saxum and shall be resolved solely through individual arbitration and shall not be brought as a class arbitration, class action or any other type of representative proceeding. No class arbitration or arbitration in which an individual may attempt to resolve a Dispute as a representative of another individual or group of individuals shall be possible. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- The enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the laws of the State of Israel, to the maximum extent permitted by applicable law.
- Each of you or Saxum shall notify the other in writing of any Dispute within thirty (30) days following the date such Dispute arises so that respective party can attempt in good faith to resolve the Dispute informally and internally.
- Notice to Saxum shall be sent by e-mail to Saxum at email@example.com with a copy to Gil Solomon, Adv. at firstname.lastname@example.org (which such notice shall not be deemed as a service). Notice to you shall be sent by messaging to the phone number you provided in connection with the use of the Website or the email address you communicated with us through. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking.
- In the event that you and Saxum cannot agree how to resolve the Dispute within thirty (30) days following the date the notice is received by the applicable party, then either you or Saxum may, as appropriate and in accordance with this Section 13, commence an arbitration proceeding or, to the extent specifically provided for in this Section 13, file a claim in accordance with this Section 13 and provide the other party an arbitration notice.
- The Arbitration shall be conducted in Israel, in the English language and in accordance with Israeli Arbitration Law 5728–1968 and any rules and regulations promulgated thereunder (the “Arbitration Law”), which are hereby incorporated by reference.
- The arbitration shall be conducted confidentially by a single neutral arbitrator, who shall be a prominent and reputable Israeli attorney, from one of the leading law firms in Israel, with relevant expertise in the subject matter, who shall not be affiliated to any of Saxum or you and shall not have a conflict of interests. Such Arbitrator shall be selected jointly by Saxum and You or, if Saxum and You are unable to agree within ten (10) days following the date of the receipt of the arbitration notice, the Arbitrator shall be selected by the president of the Israeli Bar Association.
- The competent courts located in Tel Aviv, Israel shall have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration decision, and (ii) over any claims filed in accordance with this Section 13.
- These Terms, the arbitrator and the president of the Israeli Bar Association (if applicable) shall have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understood the Arbitration Law and the terms of arbitration under this Section 13, or (ii) waive the opportunity to read the Arbitration Law or the terms of arbitration under this Section 15 and any claim that the Arbitration Law is unfair or should not apply to your case for any reason.
- Should any one or more of the provisions of these Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
- A delay or omission by either party to exercise any right under these Terms shall not be construed to be a waiver of such right. A waiver by either party of any of the performance provisions of these Terms or any breach with respect to such performance shall not be construed to be a waiver of any succeeding performance or breach.
- Saxum reserves the right to transfer, assign, sublicense or pledge its rights and obligations under these Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which Saxum may be involved in. You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under these Terms without Saxum’s prior written approval.
- Saxum will not be liable for any delay or failure to perform the Services within the Website if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond Saxum’s reasonable control, including strikes, lockouts, labor troubles, pandemics, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God, and/or inclement weather, which Saxum is unable to prevent by the exercise of reasonable due diligence.
- The Terms, together with any other legal notices, exhibits, guidelines and agreements published by Saxum via the Website, shall constitute the entire agreement between you and Saxum concerning the Website.
- You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
If you have any questions regarding these Terms, you may contact us at: email@example.com.