This agreement is in effect as of Sep 10, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
By using this Website or any of our Resources, You indicate that You have read, understood and irrevocably agree to, and accept upon yourself, this Terms.
We are glad that you chose to participate in installpath's activities and to be a part of the installpath community. Please take the time to fully read these terms as they constitute a binding agreement between Softitube Labs and Yourself.
Please note that this Website is meant for informational purposes, and may allow you to download software or promotional material.
We collect some non-personally identifiable information and store a cookie on Your computer.
Lastly, no matter what, We shall never be liable for any damage caused by browsing the Website, clicking on 3rd party links or any other activity made by browsing this Website.
The following terms dedicate the contractual arrangements between You and Us in regard to this Website:
1. The Website
This Website you are viewing is controlled and maintained by Us and provide information and may provide download links for software developed either by Us or by other 3rd parties who contracted Us. When You download digital content or software from the website, You agree to each software's terms of service and license agreement, which are independent agreements that govern Your relationship with Us or such 3rd parties in respect to the use of the relevant software.
All rights to and in this Website (including all documentation, translations, enhancements, improvements, derivative works, or other modifications made to or derived from the Website), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right stemming therefrom or associated therewith, shall belong exclusively to Us.
You shall not remove, obscure or alter any notices of intellectual property rights or disclaimers appearing in or on the Website.
We hereby grant you permission to use this Website, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of this Website; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to this Website.
You agree not to: (i) access or use the Website in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Website computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or any of our accounts, computer systems or networks.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below) or otherwise.
In order to access some features of the Website, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account, password or other account information. You may not use another user's account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account. You hereby undertake to notify us immediately of any unauthorized use of your account, password or other account information.
We do not store any personal information. We retains some non-personally identifiable information, such as Your approximate geo-location, IP address and other behavioral information relating to Your use of the Website in order to improve our Website and for statistical purposes. When You use the Website, We may store a cookie on Your computer to identify You; such cookie identifies that You previously visited this Website and allows us to analyze web traffic and better our Website. We processes non-personal information and creates statistical and aggregated information in order to allow better service and monitor use of the websites. Apart from Our employees and contractors, who are under strict confidentiality and data-protection obligations, no other 3rd party has access to Your non-personal information. As We do not retain any personal identifiable information, You cannot review or remove any information. If You feel that Your privacy was invaded, please contact Us directly at email@example.com and Our Company privacy officer shall investigate and post its report promptly.
3. Warranty and Liability
3.1 No Warranty
By using our Website or any of our Resources, you understand and agree that the Website and all Resources are provided to you on an "as is" and "as available" basis. Your use of the Website is at Your own risk and under Your own liability. This means that we DO NOT represent or warrant to you that:
i) the Website or any of our Resources will meet Your requirements, including providing You with any relevant information or reaching a relevant.
ii) the use of our Website or any of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the results or information that may be obtained from the use of the Website or any of our Resources will be accurate or reliable, and iv) the quality of any products, services, information, or other material purchased or obtained by You through the Website or any of our Resources will meet Your expectations v) any defects in the operation or functionality of our Website or any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
vi) any content downloaded or otherwise obtained through the use of the Website or any of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vii) no information or advice, whether expressed, implied, oral or written, obtained by you from Us or through the Website or any of the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
viii) some services and/or software provided by Us or the Website or any of our Resources may contain advertising. Additionally, we may supply advertising from time to time on websites that you visit.
3.2 No Liability
In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against Us shall be limited to the amount you paid, if any, for use of this Website and/or Resources and /or products and/or services which you purchased from Us. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Website or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. For no case and for no reason shall our Company not its subsidiaries, officers, affiliates and its licensors be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any end user or any 3rd party due to its miss-performance of duties herein even if We has been advised of the possibility of such damages. Our Company provides the Website on an "as-is" basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user account information including login information (if applicable), loss of profit, loss of good name, all resulting from the use or inability to use the Resources and/or Website rendered by Us. YOUR SOLE REMEDY AGAINST OUR COMPANY OR ANY OF ITS OFFICERS, SHAREHOLDES OR EMPLOYEES, FOR DISSATISFACTION WITH THE WEBSITE OR ITS SERVICES OF ANY KIND IS TO STOP USING THE WEBSITE, SERVICES OR ANY SUCH CONTENT ASSOCIATED THEREWITH.
5. User Submissions
Some sections of this Website (such as message boards, blogs, forums or comments) may provide You with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, sound recordings or other information, messages, transmissions or materials, including your name and likeness, to Us (collectively, "User Submission"). By posting, submitting or uploading User Submission to the Website, You represent and warrant that it complies with these Terms, and You acknowledge and agree that You are granting Us, a perpetual, irrevocable, unlimited, worldwide, royalty-free, non limited in time, transferable (in whole or part), sub licensable, right and license to (the "User Submission License"): (a) make any use, copy, display, create derivative works from, license, modify, publish, distribute, present at any way or media, modify, incorporate in other works in any form; and (b) offer to sell, sell, lease, assign and otherwise transfer to third parties the right to use as aforesaid the User Submission (in whole or in part) throughout the world in perpetuity, in any and all media, all without further notice to you, with or without attribution to you, and without the requirement of any permission from or payment to You or to any other person or entity. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third party rights; and (c) all "moral rights" in the User Submission have been waived to the full extent allowed by law. You represent and warrant to Us that your User Submission is original work made or created by you or that You have all right, title, and/or authority to grant the User Submission License to Us. In addition, You represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity or any other similar right. If your User Submission include images, photos or video of individuals other than you, then before You post such User Submission, You must have the express consent of all such individuals in order to submit the User Submission for use in any manner and in any and all media throughout the world, in perpetuity. If You submit an image of someone who is under 18 years of age who is not your child, You must have the permission of that child's parent or legal guardian. You are solely responsible for your User Submission and any consequences of posting or publishing it on the Website whether as part of a message board, forum, blog or otherwise. These sections of the Website are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or publisher in any such section of the Website. Please carefully consider the User Submission You choose to post on any section of the Website. You should not include personal information such as your full name, telephone number or street address as part of your User Submission. We cannot guarantee the security of any information you disclose through the Website; You make such disclosures at your own risk.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, OR ANY OTHER AREA ON THE WEBSITE, YOU HEREBY EXPRESSLY PERMIT US TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY IN CONNECTION WITH YOUR USER SUBMISSION.
We may, at Our sole discretion, terminate these Terms, or any other service rendered by Us due to any reason, for any user, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if We believe that You have violated or acted inconsistently with the understandings or spirit of the Terms. We may also, in Our sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of Your access to the Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account (if applicable) and/or bar any further access to such files or the Website. Further, You agree that We shall not be liable to You or any 3rd party for any termination of Your access to the Website.
7. 3rd Party Advertisements and Links
This Websites may have 3rd party services implemented inside it for displaying advertisements and for providing with analytical services. Such 3rd party services, such as Google Adwords may have their own privacy policies and we advise You to review these polices before using this Website and related services. Our Company may, at its own discretion and for its causes, include within the Website any links for 3rd party websites, advertisements or links for applications (3rd Party Content). Our Company does not warrant for 3rd Party Content or availability thereof nor does it endorse it. Our Company shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.
You agree to defend, indemnify and hold harmless Our Company, and its directors, officers, managers, employees, donors, agents, and licensors, Our parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
9. Governing Laws, Jurisdiction, No Class Action
This Website is controlled by Our Company. It can be accessed by most countries around the world. By accessing our Website, you agree that the statutes and laws of Our Company country, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase or usage of any Resources, products or services through this site. These Terms shall be solely governed by the laws of Israel, including their statutes regarding conflict of laws and may be exclusively brought to the competent courts of Tel Aviv, Israel. You undertake not to initiate any class action, for any reason, against Our Company and to claim Your damages only according to this agreement.
UNLESS OTHERWISE EXPRESSED, WE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Entire Agreement, Waiver