SOFTWATCH TECHNOLOGIES 2009 LTD. (“SoftWatch” or “we”)WEBSITE TERMS AND CONDITIONS
- The Website is intended to provide information about SoftWatch and its products and services and the content of the Website is for informational purposes only.
- SoftWatch makes no representation that the Website is available or appropriate in all locations. Equally, SoftWatch’s products and services may not be available or may vary in your particular location.
- If you wish to register on the Website so that we can contact you about our products and services, you will need to complete a registration form providing certain personal and business related information including your name, title, name of company, phone numbers, email address (the “Personal Information”) and other relevant information you wish to add (“General Information”) and together with your Personal Information, (“Information”). This Information in used to deal with your requests, provide services to you and to communicate with you separately (including without limitation providing you from time to time promotional and marketing materials and newsletters). You may also, from time to time, be able also send us Information via our wall on Facebook, or through Twitter or LinkedIn which will enable us to contact you and address your specific issues. By providing Information to us through the Website, by email or through the social media forums referred to above you understand and agree to the collection and processing of such information.
- SoftWatch does not solicit and does not wish to receive information or material which is not specifically requested by us, or which is not relevant for SoftWatch’s business, whether confidential, proprietary or otherwise (“Material”).
- By submitting or sending Material or General Information to us you warrant that it is original to you and that no other party has rights over such information and you thereby transfer ownership to such information to SoftWatch and that accordingly, SoftWatch shall have the right to use, adapt, publish, translate, create derivative works from, distribute, perform and display such information and/or incorporate it in other works of any form, and you waive any rights to such information. You agree that the Material and your General Information will not be treated as confidential or proprietary.
- We take the security of your Personal Information seriously. However, due to the nature of the internet, we cannot guarantee that information you pass to SoftWatch will be free from the unauthorized access of third parties and your use of the Website is at your own risk. If you do register on the Website, you are responsible for maintaining the security of your identity and you must immediately notify SoftWatch of any unauthorized use of your identity. Further, you acknowledge that any Information you submit to us via social media networks may be accessed by others and may be open to the public in accordance with the practices and terms of such networks.
- You are responsible for the Information and Material that you provide via the Website, email, or though a social media network. You agree not to upload, post or otherwise transmit content that: (a) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SoftWatch or other users of the Website; (b) includes unauthorized disclosure of another’s personal information; © violates or infringes another’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Any Information or Material that you upload, post or otherwise transmit via the Website in breach of these terms may be edited or removed by SoftWatch.
- As a condition of your use of the Website, you shall not use the Website or any materials, information, brochures or publications on the Website (“Content”) to: (a) transmit spam, bulk or unsolicited communications; (b) damage, disable, overload or impair the operation of this Website or its use by third parties; © pretend to be someone else, use someone else’s identity in any way, or misrepresent your affiliation with a person or entity; (d) use the Website in a way that would violate any applicable law, including attempting to compromise the security of the Website or by collecting personal data about other users without permission; (e) rent, lease, loan, sell, distribute, mirror, frame, republish, download, store, transmit, or create derivative works of the Content, in whole or in part, by any means; or (f) modify, decompile, or reverse engineer any software disclosed to you by SoftWatch. You must not remove or modify any copyright, trademark notice, or other proprietary notice of SoftWatch (“Notice”) from any Content downloaded by you or otherwise.
- Your access to and use of the Website may be monitored and SoftWatch may terminate your access to the Website at any time at its discretion, with or without cause.
- You may, at any time, elect to obtain the SoftWatch services and products subject to SoftWatch’s service and subscription fees. In the event that you have elected to pay the fees via SoftWatch’s online credit card payment process, you will be required to provide your payment card details and related billing information to enable SoftWatch, via a third party payment service provider, to charge you for the fees, all in accordance with the Online Payment Terms and Conditions. You must read and accept the Online Payment Terms and Conditions prior to proceeding with the online payment process. In the event that you may not pay via SoftWatch’s online credit card payment process, you may contact SoftWatch at softwatch.com to finalize your payment arrangements.
- The Website is owned by SoftWatch and it maintains copyright protection and other intellectual property rights in the Content. You acknowledge that no right, title or interest in the Website or the Content (other than content posted by you) is transferred to you under these Terms. You may print copies for your personal, non-commercial use only. For any other use, the Content may not be reproduced in whole or in part without the prior written consent of SoftWatch.
- You agree not to incorporate any Notices into your trademarks, service marks, company names, internet addresses, domain names, or other similar designations. You may not remove or alter any Notices or co-brand your own products or materials with Notices without SoftWatch’s prior written consent. You acknowledge SoftWatch’s rights in its Notices and agree that any use by you of any such Notice shall inure for the sole benefit of SoftWatch.
- You agree that SoftWatch may access, keep, use and disclose your Personal Information if and as required to:
1. comply with legal requirements;
2. deal with your requests for products or service;
3. enforce these Terms;
4. respond to claims by third parties that you have breached any third party rights;
5. protect the rights, property and safety of the Website, its users and the public; or
6. report activity or exchange information with other organizations for the purposes of fraud protection and credit risk reduction in circumstances where SoftWatch believes that the Website is being used for the commission of a crime.
- There may be links to other internet sites on the Website. SoftWatch is not responsible for the availability of such external sites and does not endorse and is not responsible for any content, products, services or other materials available from such sites. SoftWatch is not liable, directly or indirectly, for any loss or damage caused by or in connection with any such site.
- While SoftWatch may occasionally make endorsements or recommendations, it does not recommend products or services that appear as pop-up advertisements, and its endorsements are limited to those products and services, if any, that it explicitly recommends, and not those that may appear on the Website through advertisements or otherwise.
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” BASIS. SOFTWATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOFTWATCH GIVES NO WARRANTIES AS TO THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE.
- SOFTWATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS GIVE NO WARRANTY THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; © ANY SOFTWATCH PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE OR OTHERWISE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
- SOFTWATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES RELATING TO SOFTWATCH’S PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGE RESULTING FROM COMPUTER VIRUSES.
- TO THE FULL EXTENT PERMITTED BY LAW, SOFTWATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES (INCLUDING FOR LOSS OF BUSINESS, REVENUE, GOODWILL, USE OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR ANY SITE LINKED TO THE WEBSITE, EVEN IF SOFTWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
- TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- You agree to indemnify and hold SoftWatch and its subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claims, costs, liabilities, demands, and expenses, including reasonable attorneys’ fees, made by any third party due to, or arising out of: (i) your use of the Website; or (ii) any inaccurate Information provided by you (intentionally or otherwise) in using the Website, or (iii) your submission of any Material.
- If SoftWatch does not exercise or enforce any particular right or provision in these Terms, it does not waive that right or provision. If a court finds any provision of these Terms invalid, then you and SoftWatch agree that the court should try to follow the intention of that provision and that all other provisions of these Terms will remain in effect.
- The laws of the State of Israel govern these Terms and Conditions. You agree that the courts of Tel Aviv have exclusive jurisdiction to hear and determine any claim or dispute between you and SoftWatch (and its members, managers, officers, employees, agents and assigns) which directly or indirectly relate to these Terms or to any matter arising from your use of the Website.
- Use of your Personal information
- We do not collect Personal Information from those who browse the Website. Although we analyze our website logs to improve the Content of the Website, these logs do not disclose Personal Information about such users and we do not seek to obtain such information about users from them
- SoftWatch does collect Personal Information which is voluntarily submitted to the Website by those wishing to register; i.e. from those who are interested in receiving further information from SoftWatch or who are interested in using our products or services. This information is collected and used only for SoftWatch’s internal business purposes. SoftWatch will not use or share any Personal Information provided to us in any ways other than those described below or in accordance with our Terms without letting you know beforehand and offering you the opportunity to withhold your consent to the use of your Personal Information in the way requested.
- SoftWatch uses persistent cookies. A cookie is a small text file that contains no personally identifying information and is placed into the memory of your browser. If the lifetime of the cookie extends beyond the time you spend at the Website, the file is saved for future reference and is a “persistent cookie.”
- Persistent cookies allow us to include capabilities that provide a better user experience, make the Website easier to navigate, and allow us to gather accurate information about the number of people using the Website and how many are new and repeat users.
- Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or indicate when a cookie is being sent.
- SoftWatch is committed to ensuring the security of your Personal Information. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of such information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Information we collect online. Without derogating from any disclaimers set out in our Terms, nothing under this section or otherwise shall be deemed to imply an undertaking or duty of any sort by SoftWatch to securely or otherwise store, or prevent any loss of, any data, results, information and/or any other materials obtained and/or stored through or in connection with the Website.
- The Website is not for use by children under the age of 13 and SoftWatch does not knowingly collect information from children. If we learn that a child under the age of 13 has provided personal information to us, we will make reasonable efforts to remove such information from our records.