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Terms of Use
General The use by you of the iCity Web site ("iCity") is subject to the terms of use set forth below (the "TOU"), and constitutes your agreement to such terms. iCity and/or the Site Operator (as defined below) reserve the right to update the TOU at their sole discretion, without any notice. If you do not agree to the TOU, or any part thereof, you may not use iCity for any purpose whatsoever.. The TOU are written, for convenience only, in masculine gender and relate to men and women alike. The TOU state the relationship between the site operator, iCity and any person using iCity, directly or indirectly (the ("User"), including any information, software, message, file, service, product or other material (the "Content"), posted, advertised or offered at iCity. Content on the Web Site iCity contains, among other things, links (the "Links") to Web sites, Web pages, search engines, and other resources (collectively, the "Resources"), some of which are not operated by, or affiliated with, iCity, the Site Operator or any one on behalf of them. iCity and the Site Operator cannot control or supervise the Links and Resources, including their availability and Content, and they do not undertake or represent in any way that the Links will link or lead the User to active or operating Resources. It is hereby clearly stated that the mere existence of the Links to and from iCity, including the ability and the right to use them, shall not be interpreted as an explicit or implied expression of support, recommendation, endorsement or sponsorship by iCity and/or the Site Operator of the Links, the Resources or their Content. Neither the Site Operator nor iCity is granting any sponsorship or expressing any opinion as to the correctness and/or the accuracy and/or the standard and quality of the Links, the Resources or any Content thereof or any Content referred thereby. Any reliance by the User on the Content available from, or referred to by, the Resources is done at the sole discretion of the User and at his sole responsibility. Furthermore, the Site Operator and iCity do not, and cannot, supervise and/or control the Content which may be uploaded to the Web by other Users, and do not have any responsibility for such. The entire responsibility arising from such upload of Content, is on the User himself, and the User hereby undertakes to indemnify and to compensate iCity and/or the Site Operator, immediately upon their request, for any claim and/or demand which may be made or brought against iCity and/or against the Site Operator in connection with any Content that has been uploaded by him to the Web. Notwithstanding the aforesaid, iCity and the Site Operator shall have the right (but not the obligation), at their sole discretion and without notice, to edit and /or erase Content, which may seem to them to be of a harmful nature, against the law and/or the TOU. The User may not upload to the Web any Content which: · is illegal and/or intended for illegal purposes and/or may harm the operation or activities of iCity and/or the Web. · is defamatory, instigative, racially disturbing or threatening. · contains material, which may offense, insult, or hurt the emotions, feelings or faiths. · Contains viruses or otherwise capable, in any way, to cause damage to iCity and/or the Web and/or other Users. · Are of commercial or advertisement character. · may infringe upon the Intellectual Property ("IP") of the Site Operator and/or of any third party. Uploading of Content to the Web by the User constitutes his representation and declaration that there is no violation of any law and/or infringement upon IP and/or any other right of third party; that there is nothing in such material that may be harmful to iCity, the Site Operator and/or any other third party and/or may slander the Site Operator and/or any third party, including under applicable law. Uploading of Content by Users gives iCity and/or the Site Operator, subject to any law, the license to advertise and to use in any manner they deem fit such material at their sole discretion. A User who uploads Content to the Web hereby and thereby states and represents that he is authorized to grant license to iCity and the Site Operator as aforesaid. iCity and/or the Site Operator shall have the right (but not the obligation) to remove any such Content at their sole discretion and without notice. Erasing Content Any Content posted in any of the sections of, or the services offered by, iCity might be erased after a period of time. Neither iCity nor the Site Operator undertakes in any way that information existing and available at any given time in iCity, will be available afterwards. Limitation of Liability iCity and/or the Site Operator provide the Content "As Is", without making any representation or warranty or assuming any responsibility concerning its good order, update, trustworthiness, accuracy, standard and quality. iCity and/or the Site Operator shall not be obligated in any way to adjust the Content to the needs of any individual User or person. In no event shall the User have any claim, complaint or demand towards iCity and/or the Site Operator regarding the quality of the Content posted on or through iCity. "ICITY" AND THE SITE OPERATOR EXPPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. The use of iCity and/or any Content posted or available thereat or through it, is at the User's own risk and sole responsibility. Such Content may contain errors, and/or defects and/or flaw and could be subject to various interruptions from time to time. Despite the best efforts of the Site Operator to maintain iCity, including its Content, the Site Operator and iCity assume no responsibility for any mistake, error, defect, failure discovered therein or caused thereby. THE "SITE OPERATOR" AND "ICITY" SHALL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGE WHICH MAY RESULT FROM THE USE OF "ICITY" AND/OR ANY OF ITS "CONTENT" OR FROM THE USE OF ANY "LINK" OR "RESOURCE" OR ITS "CONTENT", EVEN IF IT COULD HAVE KNOWN, OR ACTUALLY KNEW, OF THE POSSIBILITY FOR SUCH DAMAGE. Intellectual Property (IP) The full copyrights and other IP in iCity - including, trade names and trademarks, patents, pattern and models, whether registered or not, trade secrets, the site design, technological information, including, (but not limited to), software, applications, graphic and others files, computers codes, texts and/or any other material included therein (collectively, the "Information") - belongs solely to the Site Operator, unless otherwise specifically indicated. It is forbidden to copy, divulge, reproduce, show in public or transfer to third party the Information or any part thereof. It is also forbidden to modify, advertise, transmit, sell, or distribute the Information or any part thereof or to use it for any business use without the prior written consent of the Site Operator. Conduct at the iCity Site The User of iCity must behave in a respectful manner to iCity and other Users of the site. The User must follow the following rules of conduct whenever visiting or using the iCity site: · Not to threaten or abuse other people. · Not to interfere with the use by other Users of the site, including by interrupting any activities that may negatively affect their enjoyment of the services of iCity. · Not to collect or store personal information about any other User, or otherwise stalk or harass another User. · Not to utilize personal information of other Users for any purpose whatsoever, including commercial use. · Not to send or otherwise make available any bulk unsolicited advertising, promotional information, e-mail or other solicitation, including without limitation, junk mail, "spam", chain letters, or pyramid schemes of any sort, to any person through the use of iCity. · Not to furnish false information or adopt a false identity and/or impersonate any other person and/or entity while asked to supply personal details. Privacy When you register to iCity and when you use certain services and products, we ask for certain identifiable information. This information may include users' name, email address, group age, personal interests and nationality. For Beta users the Site Operator may ask for the first name, family name, email address, residence address, phone number and years of age. Since there is no absolutely secured system in the world, it is recommended not to upload to the Web and not to transmit by the Web any information, which may cause any damage to the User. The Site Operator may deliver and disclose certain personal information about the Users to third parties in the following events: · The User agreed that the Site Operator would disclose and give such information; · The Site Operator needed to share the information with third party in order to supply the service and/or the product the User has asked for; · The Site Operator needed to provide the information to third parties which supply the Site Operator with a service and/or a product for the Users' benefit (unless otherwise indicated, such third parties have no right to use the information, provided by the Site Operator for any other purpose); · The Site Operator is legally required by a competent official authority to testify or provide information possessed by the Site Operator (including IP addresses, if such are available to the Site Operator). · The Site Operator will find that acts of the User of the iCity site, breach the TOU and/or violate any applicable law. Notwithstanding the above, the Site Operator reserves the right to send, from time to time, to the User, via email, advertising information, whether relating or belonging to the Site Operator itself or received from other advertisers. Purchasing, Commercial information and Advertisement The Site Operator shall not be held responsible for the content of the advertisements and the commercial information advertised at iCity. The posted advertisement should not be viewed in any way as a recommendation, endorsement or encouragement by iCity and/or the Site Operator to purchase the services or the products offered at iCity. Any transaction which would be carried out as a result of advertisement or information posted in iCity to which the Site Operator and iCity are not a party, shall be agreed directly between the User and the relevant advertiser. The Site Operator and iCity shall not be party to any transaction resulting from such advertisement or information, unless otherwise expressly stated, and they assume no responsibility for services and goods which are offered by the advertisements posted at iCity or which are purchase through iCity, even if the User shall choose to pay the price by debiting his account with iCity or companies affiliated with the Site Operator (if such option is available). Termination of the Services and Changes Most of services provided in iCity are without any charge. For this reason, among others, iCity and the Site Operator have the right to terminate at any time those services, or any part of them. In such event, the Site Operator will attempt to inform the Users at least seven days before such termination. Following termination, the Site Operator shall keep the whole material contained at iCity and relating to the terminated service for thirty days. Thereafter, the Site Operator shall be permitted to erase such material without keeping back up and without giving notice. The Site Operator is entitled, without giving any notice, to change, from time to time, the sites' construction and appearance, and the services rendered at the site, their scope and availability and any other aspect relating to them. Such changes may be made, taking into consideration, among other factors, the dynamic nature of the Internet and the technological and other changes, which occur in the Web. By nature, those kinds of changes may be accompanied by failure etc. It is hereby agreed that the User shall not have any complaint, demand and/or claim towards iCity and/or the Site Operator and/or any person acting on their behalf for the implementation of such changes and/or failure which may occur during or as a result of the implementation of such changes. Governing Law and Jurisdiction This TOU shall be governed by, and construed in accordance with, the laws of the State of Israel only. The competent courts sitting in Tel-Aviv shall have exclusive jurisdiction with respect to any dispute arising from, or otherwise in connection with, the iCity site and/ or the TOU .
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