ACCEPTANCE OF TERMS.
The following conditions shall apply to all Users:
- The Brevel Website will be used only for lawful purposes and only in a lawful manner. All Users agree to comply with all applicable laws and regulations in all applicable jurisdictions and to refrain from violating any law, any third party’s rights, or this Agreement.
- All Users must be natural persons of at least eighteen (18) years of age or older and be able to understand and sign legally binding contracts. No internet bots, crawlers or any other automatic applications or codes designated to retrieve and collect information can use the Brevel Website.
- Users shall immediately report to the Company at firstname.lastname@example.org upon any security breach and/or improper use of the Brevel Website, which comes to their attention.
- The Company has the right to monitor User communication, and may disclose any content and information about a User, including User communication and information if the Company deems it reasonably necessary to: (i) conform to legal requirements or respond to legal process; and/or (ii) ensure User compliance with this Agreement, and/or (iii) protect the rights, property, personal safety or interests of the Company, its owners, managers and employees, Users, or any third parties.
Information and/or content available on the Brevel Website is made available “as-is” and for information purposes only, and the Company does not warrant for its completeness, timeliness, or accuracy.
The Company uses commercially reasonable computer security safeguards and protocols to protect the Brevel Website, its databases and servers against misuse, risks of loss, unauthorized access, destruction, inadvertent or improper disclosure of data (“Security Breach”). However, the Company does not assume any responsibility to any such Security Breach and does not guarantee that such Security Breach shall not occur or be fixed within any time frame. All registered Users are solely responsible for and must protect their account and its contents from and against any unauthorized access to their password and/or to their computer(s) and/or networks.
INTELLECTUAL PROPERTY RIGHTS.
Brevel owns or has a license to use all elements and components of the Brevel Website, including, without limitation, all visual interfaces, interactive features, graphics, design, compilation, computer code, products, and software (collectively, the “Brevel Content”), and all rights and interest in and to such Brevel Content. The Company also owns or has a license to use any and all intellectual property rights, associated with the Brevel Content, including, without limitation, all patents, copyrights, designs, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world, whether registered or not, which are protected by applicable intellectual and proprietary rights and laws. User may not modify, reproduce, distribute, create derivative works or adaptations of, reverse engineer, decompile, publicly display or in any way exploit any of the Brevel Content in whole or in part, without the Company’s prior written consent. The Company does not grant any express or implied rights in the Brevel Content to User, and all rights in and to the Brevel Website and/or Brevel Content are retained and reserved by The Company. Moreover, the term “Brevel” and anything on the Brevel Website that identifies or distinguishes the Company from other companies, goods or services, are registered or unregistered trademarks and tradenames of the Company (the “Brevel Trademarks”). Except as otherwise permitted by law, User shall not display or use in any manner the Brevel Trademarks without the Company’s prior written consent.
LIMITATION OF LIABILITY.
Brevel provides the Brevel Website, its content, and all other components “as-is”. No expressed or implied warranties, guarantees, or conditions related to the Brevel Website are made by Brevel. Brevel disclaims all implied warranties including, without limitation, the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Brevel does not warrant that the Brevel Website will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User.
Brevel does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Brevel Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Brevel Website. Under no circumstances will Brevel or its affiliates be responsible for any loss or damage resulting from User’s or any third party’s reliance on information or other content posted on the Brevel Website or transmitted to or by any User or third party. Brevel shall not be liable for any indirect, consequential, special, or incidental damages or lost profits resulting from User’s use or access to the Brevel Website, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, User specifically acknowledges that Brevel is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. These limitations apply to any matter related to the Brevel Website or the Brevel Content; third party internet sites, programs, or conduct; viruses or other disabling features. These limitations also apply even if this remedy does not fully compensate User or any third party for any losses or fails its essential purpose; or even if Brevel knew or should have known about the possibility of the damages.
CHANGES TO THIS AGREEMENT.
- Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be replaced and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions of this Agreement will remain in full force and effect.
- No Waiver. Any party’s failure or omission to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently.
- Assignment. User may not assign rights or delegate any duties under this Agreement. Brevel may assign its rights or delegate its duties under this Agreement to any of its affiliates, successors, or assignees.
- Governing Laws and Jurisdiction. This Agreement is governed by the laws of the State of Israel. Any and all disputes arising under or otherwise in connection with this Agreement shall be subject to the exclusive jurisdiction and venue of the competent courts in Tel Aviv, Israel, and User hereby agrees and submits to the exclusive jurisdiction and venue of such courts in connection with any disputes arising under or in connection with this Agreement.