DesignArt Terms of Use

[Last Revised: May 25, 2009]

Acceptance of the Terms of Use:

The following terms of use (the "Terms") govern your use of DesignArt Networks Ltd. ("DesignArt") website, at the address http://www.designartnetworks.com (the "Site"). BY ENTERING THIS SITE, OR DOWNLOADING ANY INFORMATION FROM IT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY THEM, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

Site access may not be available at all times or in all areas. DesignArt may permit you to enter this Site and/or deny entry to you, at any time and upon its sole discretion.  DesignArt reserves the right to modify or discontinue, temporarily or permanently, this Site (or any part thereof) without notice, at any time. You agree that DesignArt shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the services or information (including product descriptions, contact information, links, other specialized content, documentation, data, and related graphics and other features) offered herein (collectively, the “Information”). The Terms may be revised and updated from time to time without notice to Site users. All new features made available through this Site that were not made available as of the "Last Revised" date above, shall automatically become subject to these Terms. Your continued use of this Site after ANY such changes will indicate your acceptance of such changes and your consent to these Terms.

Use of Site:

DesignArt provides users of this Site with access to certain content concerning DesignArt, its products, services and Information as a complimentary service for informational purposes only.

DesignArt authorizes you (i) to view and download single copies of the Information at this Site solely for your personal, non-commercial use; and (ii) to link to this Site (sites containing links to this Site shall be referred to as "Linking Site"); all subject to these Terms provided that you must retain all copyright and other proprietary notices contained in the original Information on any such copies.

You hereby acknowledge and agree that nothing on this Site shall be construed as conferring any express or implied rights to you except as expressly provided herein. DesignArt may grant other rights to you in a separate written agreement or as incorporated elsewhere in the Information.

Use Restrictions:

You may not (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Information in any way or publicly display, perform, or distribute it; (ii) make any use of the Information on any other website or networked computer environment for any purpose, or replicate or copy DesignArt Information or Site through Linking Site without DesignArt’s prior written consent; (iii) create a browser or border environment around DesignArt Information (no frames or inline linking); (iv) interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, or include such unlawful, hateful, obscene, indecent, or otherwise illegal in the content submit by you; (vi) impersonate any person or entity, including, but not limited to, any DesignArt agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse your Linking Site, product or any statement you make, or present false information about DesignArt products or services via your Linking Site; (vii) transmit or otherwise make available in connection with this Site any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (ix) sell, license, or exploit for any commercial purposes any use of or access to the Information or this Site; (x) frame or mirror any part of this Site without DesignArt's prior express written authorization; or (xi) create a database by systematically downloading and storing all or any of the Information from this Site.

Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.

Privacy Policy:

DesignArt respects your privacy and is committed to protect the personal information that you share with it. DesignArt believes you have a right to know its practices regarding the information DesignArt may collect when you visit the Site. DesignArt policy and practices and the type of information collected, are posted in the Privacy Policy section on this Site.

Links to Third Party Sites:

Certain links which may be provided herein permit you to leave this Site and enter non- DesignArt World Wide Web sites or resources. These linked sites are provided solely as a convenience to you. These linked sites are not under the control of DesignArt and DesignArt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. DesignArt reserves the right to terminate any link at any time. You further acknowledge and agree that DesignArt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.

Intellectual Property Rights:

The content on the Site, including the Information, are owned by or licensed to DesignArt, whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any DesignArt trademark, service mark or logo used or displayed on this Site without the prior express written permission of DesignArt.

DesignArt's technology, services, Information and products may be protected by one or more United States, Israeli and/or other international patents or patents pending.

DISCLAIMER AND WARRANTIES:

THE INFORMATION IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE.

The Information and any other material provided through this Site may be inaccurate, incomplete or out of date. DesignArt makes no commitment to correct or update the Information or any other material provided through this Site. DesignArt does not warrant that the Site will be uninterrupted or error-free.

Without derogating from the foregoing, the Information and material presented on this Site may contain technical inaccuracies, typographical errors or other mistakes. DesignArt may make corrections or other changes to these Information and information at any time.

Limitation of Liability:

THE USE OF THIS SITE AND/OR THE INFORMATION IS AT YOUR OWN RISK. IN NO EVENT SHALL DESIGNART, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE, INABILITY TO USE, OR USE OF ANY WEB SITES LINKED TO THIS SITE, OR THE INFORMATION OR MATERIAL CONTAINED ON ANY OR ALL SUCH SITES, REGARDLESS OF WHETHER DESIGNART OR AN AUTHORIZED DESIGNART REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE INFORMATION OR MATERIAL FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, INCLUDING RECEIPT OF ANY THIRD PARTY LICENSES OR PERMITS, YOU ASSUME ALL COSTS THEREOF, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, IF ANY. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST DESIGNART.

Representations and Warranties; Indemnity:

You hereby represent and warrant that (i) you have all right, power and authority to enter into these Terms and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (iii) you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of this Site.

You agree to defend, indemnify, and hold harmless DesignArt and its directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with this Site or services; (b) any violation of these Terms; or (c) any allegation that anything you transmit through or in connection with this Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

General:

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenient and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without DesignArt's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and DesignArt relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and DesignArt. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions:

For additional information, clarifications or questions, please contact us.