SI-MARK terms of use

updated: November 10, 2013.

1. GENERAL AND ACCEPATNCE

By using the SI-MARK application, you agree to any and all of the terms and conditions set forth herewith, and if you do not agree to all of the terms and conditions, then you are required to refrain from any and all use of the SI-MARK application whatsoever.

This Terms of Use Agreement (hereinafter: Agreement) sets forth the legally binding terms for your use of the SI-MARK application, and said terms shall apply to all users, without exception, of the SI-MARK application. By using the SI-MARK application, you agree to be fully bound by all segments and contents of this Agreement. You are only authorized to use the SI-MARK application (regardless of whether your access or use is intended) if, and only if, you agree to abide by all applicable laws as well as to all the terms and conditions of this Agreement.

The SIMARK C.T LTD, SI-MARK's sole proprietor, has the irrefutable right to modify this Agreement from time to time as it deems necessary, and such modification shall be immediately in effect after a posting by the SI-MARK application on the SI-MARK application website. When using the SI-MARK application, you agree to be bound to any and all changes or modifications to this Agreement after any such modification has been posted. It is the your sole responsibility to remain apprised of any modifications made to the Agreement, and therefore it is important and imperative that you review this Agreement regularly upon each use of the SI-MARK application to ensure that you are fully aware of all updates regarding any changes or modifications executed thereof.

2. PRIVACY POLICY

We may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email communications of this nature, or will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you.

3. ELIGIBILITY

Minors are forbidden to be a party to this Agreement, and are not allowed to purchase the SI-MARK application. Accordingly, by purchasing such services, the user unequivocally declares and represents that he/she is 18 years of age or above and that he/she has full legal status and legitimate capacity to complete such a binding contractual agreement without the need of any further additional approvals or consents.

4. SERVICES PROVIDED
CMS
Lead Management
Site/Project Builder and management
Basic support
5. GENERAL UNDERTAKINGS

You accept sole responsibility for all of your activities when using the SI-MARK application, and any of its ancillary updates or applications. You will not upload or transmit viruses, worms or any other destructive code.

6. OWNERSHIP OF CONTENT

It should be expressly noted that the terms "SIMARK C.T LTD", the legal entity which owns the SI-MARK application, and "SI-MARK application", are interchangeable for the purposes of this Agreement. SIMARK C.T LTD does not have the ability to determine the actual owner of content/graphic material created and/or uploaded via the SI-MARK application.

7. CANCELLATION & REFUNDS

The SI-MARK application is provided on a prepaid basis. You may decide to discontinue the use of the SI-MARK application at any time. The minimum subscription period is one month and no refunds will be issued for partial monthly usage. In the event that you have set up a monthly installment plan, the SIMARK C.T LTD will cancel said monthly payment plan as soon as a cancellation request is received, and this cancellation will become effective in the following month after you canceled the service. No prorated refunds for partial monthly usage will be processed or issued, and the SIMARK C.T LTD will not be liable for any banking or other finance service charges of any kind which you may incur as a result of said cancellation. Cancellation requests should be sent to email: support@si-mark.com

8. INTELECTUAL PROPERTY RIGHTS

The content on the SI-MARK application (as defined above), except all user submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, the SI-MARK application uses only content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SI-MARK application or features that prevent or restrict use or copying of any content or enforce limitations on use of the SI-MARK application or any of the content therein.

9. USER SBMISSIONS

YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT THE SI-MARK APPLICATION/SIMARK C.T LTD, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. THE SI-MARK APPLICATION DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS.

THE SI-MARK APPLICATION MAKES NO REPRESENTATION THAT IT CAN PROTECT ITS USERS FROM EXPOSURE TO OFFENSIVE MATERIAL. THE SI-MARK APPLICATION WILL NOT BE LIABLE FOR THE CONTENT OF ANY USER SUBMISSION AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.

10. ADDITIONAL PROHIBITED USES

In addition to all the prohibitions mentioned above, you agree that you will NOT knowingly use the SI-MARK application, inter alia, to:

You agree to indemnify and hold the SI-MARK application harmless from any claims resulting from the use of the services which cause damage to you or any other party.

11. SECURITY

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the aegis of the account and any other actions taken in connection with the website. You agree to immediately notify the SI-MARK application in writing of any unauthorized uses of your account or any other breaches of security. The SI-MARK application cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

12. WARRANTY DISCLAIMER ANDLIMITATION OF LIABILITY
13. INDEMNITY

You agree to defend, indemnify and hold harmless the SI-MARK application, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SI-MARK application; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use (Agreement) and your use of the SI-MARK application.

14. FORCE MAJEURE

Under no circumstances shall the SI-MARK application be held liable for any delay or failure related to this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of the SI-MARK application, including but not limited to, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, force majeure, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of limitation of liability section as stipulated above.

15. ASSIGNMENT

These Terms of Use (Agreement), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the SI-MARK application without restriction or limitations.

16. General

You agree that: (i) the SI-MARK application shall be deemed solely based in Israel; and (ii) the SI-MARK application shall be deemed a passive website that does not give rise to personal jurisdiction over the SI-MARK application, either specific or general, in jurisdictions other than Israel. These terms of use (Agreement) shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws or principles. Any claim or dispute between you and the SI-MARK application that arises in whole or in part from the SI-MARK application shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

These terms of use (Agreement), together with the privacy policy and any other legal notices published by the SI-MARK application on the Website, shall constitute the entire agreement between you and the SI-MARK application concerning the SI-MARK application. If any provision of these terms of use (Agreement) is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use (Agreement), which shall remain in full force and effect. No waiver of any term of these terms of use (Agreement) shall be deemed a further or continuing waiver of such term or any other term, and the SI-MARK application's failure to assert any right or provision under these Terms of Use (Agreement) shall not constitute a waiver of such right or provision.

By registering to use the SI-MARK application and providing your email address, you expressly agree to receive promotional content from the SI-MARK application, by email, from time to time. If you provide the SI-MARK application with your phone number (at any stage of use of the Services), the SI-MARK application shall be entitled to send you promotional SMS notices from time to time. If you wish not to receive such promotional content/notices, you may notify the SI-MARK application at any time.

You will be responsible for all taxes, duties and similar charges of any kind imposed by any federal, state or local governmental entity on the transactions contemplated by this Agreement, excluding taxes based upon the SI-MARK application's net income. The SI-MARK application reserves the right to modify its fees and to introduce new charges at any time, with at least thirty (30) days prior notice to you, and said notice may be provided by e-mail.

SIMARK C.T LTD can terminate the agreement in any misuse of the application.

17. CUSTOMER SERVICE CONTACT

To contact our customer service representatives, please send an email message to: support@si-mark.com