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Legal & Privacy Statement
StartCut Ltd.. (STARTCUT) operates this Site to provide online access to
information about StartCut and the products, services, and opportunities we
provide (the "Service"). By accessing and using this Site, you agree to each of
the terms and conditions set forth herein ("Terms of Use"). Additional terms
and conditions applicable to specific areas of this Site or to particular
content or transactions are also posted in particular areas of the Site and,
together with these Terms of Use, govern your use of those areas, content or
transactions. These Terms of Use, together with applicable additional terms and
conditions, are referred to as this "Agreement."
STARTCUT reserves the right to modify this Agreement at any time without
giving you prior notice. Your use of the Site following any such modification
constitutes your agreement to follow and be bound by the Agreement as modified.
The last date these Terms of Use were revised is set forth below.
1. Use
of Site
You may use the Service, the Site, and the information, writings, images
and/or other works that you see, hear or otherwise experience on the Site
(singly or collectively, the "Content") solely for your non-commercial,
personal purposes and/or to learn about STARTCUT products and services. No
right, title or interest in any Content is transferred to you, whether as a
result of downloading such Content or otherwise. STARTCUT reserves complete
title and full intellectual property rights in all Content. Except as expressly
authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or derive another work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of Use.
The service on this site is given on an as-is basis. STARTCUT reserves
the right to stop the service without prior notice. By using the site you agree
that you will not hold STARTCUT liable to any issues that may derive from site
down-time or from communication problems resulting in not being able to access
the site.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws,
and belong to STARTCUT or its partners, affiliates, contributors or third
parties. The copyrights in the Content are owned by STARTCUT or other copyright
owners who have authorized their use on the Site. You may download and reprint
Content for non-commercial, non-public, personal use only. (If you are browsing
this Site as an employee or member of any business or organization, you may
download and reprint Content only for educational or other non-commercial
purposes within your business or organization, except as otherwise permitted by
STARTCUT, for example in certain password-restricted areas of the Site). You
may not manipulate or alter in any way images or other Content on the Site
without specific permission from STARTCUT or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos appearing
throughout the Site without permission from the trademark owner, except as
permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided
solely as a convenience to you. If you use these links, you will leave the
Site. Such links do not constitute or imply an endorsement, sponsorship, or
recommendation by STARTCUT of the third party, the third-party web site, or the
information contained therein. STARTCUT is not responsible for the availability
of any such web sites. STARTCUT is not responsible or liable for any such web
site or the content thereon. If you use the links to the web sites of STARTCUT
affiliates or service providers, you will leave the Site, and will be subject
to the terms of use and privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must first obtain the
permission of STARTCUT's (contact STARTCUT at info@StartCut.com). Unless
specifically authorized by STARTCUT, you may not connect "deep links" to the
Site, i.e., create links to this site that bypass the home page or other parts
of the Site. You may not mirror or frame the home page or any other pages of
this Site on any other web site or web page.
6. Downloading Files
STARTCUT cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection by software viruses
or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work
of STARTCUT and/or its licensors. Use of such software is governed by the terms
of the end user license agreement that accompanies or is included with the
software. Downloading, installing, and/or using any such software indicates
your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties
STARTCUT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. STARTCUT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE
FURNISHED OR TO BE FURNISHED VIA THE SITE. STARTCUT DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE
CORRECTED. STARTCUT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE
SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
8. Limitation of
Liability
IN NO EVENT WILL STARTCUT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY
TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V)
ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF STARTCUT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, STARTCUT'S LIABILITY IS
LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW,
BUT SHALL, IN NO EVENT, EXCEED $100.00.
9.
Pricing and Availability Information
Pricing and availability as set forth in the Web Site are subject to change
without notice, and may not be available in all countries. The Web Site may
contain references to STARTCUT products, services and programs that have not
been announced in your country. These references do not imply that STARTCUT
intends to announce or make available such products, services or programs in
your country. Further, the Web Site may contain references to future planned STARTCUT
products. Such products are only planned and may not actually be produced. Mention
of third party companies and products on the Web Site is for informational
purposes only and constitutes neither an endorsement nor a recommendation.
Except as may be expressly stated otherwise, all third party products must be
ordered directly from the vendor, and all licenses and warranties, if any take
place between you and the vendor.
10. Indemnification
You understand and agree that you are personally responsible for your
behavior on the Site. You agree to indemnify, defend and hold harmless STARTCUT,
its parent companies, subsidiaries, affiliated companies, joint venturers,
business partners, licensors, employees, agents, and any third-party
information providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorneys' fees,
resulting from or arising out of your use, misuse, or inability to use the
Site, the Service, or the Content, or any violation by you of this Agreement.
11. User Conduct
You agree to use the Site only for lawful purposes. You agree not to
take any action that might compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site or the Content.
You agree not to add to, subtract from, or otherwise modify the Content, or to
attempt to access any Content that is not intended for you. You agree not to
use the Site in any manner that might interfere with the rights of third
parties.
12. User Supplied Information
STARTCUT does not want to receive confidential or proprietary
information from you via the Site. You agree that any material, information, or
data you transmit to us or post to the Site will be considered non-confidential
and non-proprietary. If you supply or post any information or material to the
Site, you guarantee to us that you have the legal right to post such material
and that it will not violate any law or the rights of any person or entity. By
posting material on the Site, you give STARTCUT the royalty-free, irrevocable,
perpetual, worldwide right to use, distribute, display and create derivative
works from this material, in any and all media, in any manner, in whole or in
part, without any restriction or responsibilities to you.
13. Password Security
If you register to become a StartCut user, you are responsible for
maintaining the confidentiality of your member identification and password
information, and for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your member identification
and password.
14. APPLICABLE LAW
These Terms of Service shall be deemed performed in and governed by the
laws of Israel.
15. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof. No waiver
by STARTCUT of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain
typographical errors or other errors or inaccuracies and may not be complete or
current. STARTCUT therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update the Content at any time
without prior notice. STARTCUT does not, however, guarantee that any errors,
inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this
Agreement is determined by a court of competent jurisdiction to be invalid or
unenforceable, it will not impact any other provision of this Agreement, all of
which will remain in full force and effect. Any and all disputes relating to
this Agreement, STARTCUT's Privacy Policy, your use of the Site, any other STARTCUT
web site, the Service, or the Content are governed by, and will be interpreted
in accordance with, the laws of the State of Israel, without regard to any
conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to Service Provider's Designated Agent.
© Copyright 2007-2008, STARTCUT Ltd. All
rights reserved
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