InstallVibes Media Ltd. d/b/a, inter alia, as (“InstallVibes”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our content website at InstallVibes (and its subdomains) (the “Site”). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
2. The Site and the Services
Our Site provides you with articles and other content that may be of interest to you, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
The Site serves only as an informative marketing tool and may (i) contain links to third party websites and services; and (ii) enable you to view, access, link to and use content from third party sources (“Third Party Sources” and “Third Party Content”, respectively). We may earn fees from such Third Party Sources by providing our Users with links to their websites. Please note that we have no control over any Third Party Sources and/or Third Party Content, and we do not assume any responsibility for Third Party Content or any engagement you may have with Third Party Sources. For more information please refer to Section 4 below.
PLEASE NOTE: OUR CONTENT INCLUDES WITHOUT LIMITATION ARTICLES, INFORMATION, EVALUATIONS, REVIEWS, THOUGHTS AND OPINIONS WITH RESPECT TO CERTAIN THIRD PARTY PRODUCTS AND SERVICES, WHICH ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. InstallVibes IS NOT THE SELLER OR SUPPLIER OF ANY SUCH GOODS OR SERVICES AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, UTILITY PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY, AVAILABILITY AND/OR ACCURACY OF THESE GOODS OR SERVICES. AS SUCH, InstallVibes DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OR SUPPLIERS OF THOSE GOODS OR SERVICES. THE CONTENT MAY INCLUDE THIRD PARTY CONTENT (e.g. INFORMATION AND GRAPHICS PROVIDED TO US BY THIRD PARTY SOURCES), WHICH RELATE TO THIRD PARTY PRODUCTS AND SERVICES, SUCH AS MARKETING MATERIALS, DESCRIPTIONS, PRICES, RELEVANT DEALS AND PHOTOGRAPHS OF SUCH THIRD PARTY PRODUCTS AND SERVICES. SUCH THIRD PARTY CONTENT IS NOT VERIFIED BY InstallVibes, DOES NOT BIND InstallVibes IN ANY FORM AND InstallVibes CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT. IN ANY CASE WHERE SUCH INFORMATION CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE PROVIDER OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER OR SELLER DIRECTLY SHALL PREVAIL. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO InstallVibes OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. InstallVibes WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AVAILABLE THEREIN. YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at InstallVibes’s sole discretion) in the termination of your use of the Site and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by InstallVibes, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content and/or Third Party Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or Third Party Content any restrictions and signs indicating proprietary rights of InstallVibes or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that InstallVibes endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content and/or Third Party Content made accessible by InstallVibes on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or Third Party Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to InstallVibes’s proprietary rights, including InstallVibes’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or Third Party Content on any other site or networked computer environment for any purpose without InstallVibes’s prior written consent; (l) create a browser or border environment around InstallVibes Content and/or Third Party Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content and/or Third Party Content; (n) frame or mirror any part of the Site without InstallVibes’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or Third Party Content from the Site; (p) transmit or otherwise make available in connection with the 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; (q) use the Site for any purpose for which the Site is not intended; and/or (s) infringe and/or violate any of the Terms..
4. Third Party Content, Links to Third Party Sources and Advertisements
The Site may incorporate Third Party Content and third-party advertisements. All the information contained in such Third Party Content and/or advertisements and commercials, belongs solely to the applicable Third Party Source and/or third party advertisers and InstallVibes makes no warranties or representations in respect of such, whether or not it has control over such Third Party Content and/or advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content and/or other advertisements. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such Third Party Content advertisements or commercials, including without limitation your dealings with Third Party Sources and/or advertisers and third party vendors found on or through the Site and/or Services. Please note – you always have the choice of deciding whether or not to interact with a Third Party Source or other applicable third parties. InstallVibes AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO, NOR CAN THEY VERIFY, THE ACCURACY OF INFORMATION REPRESENTED IN SUCH THIRD PARTY CONTENT AND ADVERTISEMENTS. THUS, InstallVibes MAKES NO REPRESENTATION REGARDING THE ACCURACY OF THIRD PARTY CONTENT AND ADVERTISEMENTS.
6. User Generated Content
The Site may allow you to post commentary, share your opinions, discuss your views with other Users and upload content, including your own copyrightable materials such as literary works, text, images, text material, photos and any other proprietary materials (the “User Generated Content”). Please be sure that while you use the Site you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site. InstallVibes will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Site, in any way.
You represent and warrant that you are the rightful owner
of the User Generated Content you upload to the Site or that you have (and will
continue to have) all the necessary licenses, rights, consents, and permissions
from the rightful owners of such User Generated Content and that such User
Generated Content does not infringe any third party’s intellectual property
rights or other rights (including without limitation, any privacy rights,
publicity rights, copyrights, or any other intellectual property rights). IT IS
THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY
APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS
WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE
LAWS REGARDING SUCH INFORMATION. You expressly agree that the User Generated
Content will not include any unsolicited promotions, advertising, contests or
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for InstallVibes to use or possess in connection with the Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although InstallVibes has no obligation to screen, edit or monitor any of the User Generated Content, InstallVibes explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site at your sole expense. When you upload, post, publish or make available any User Generated Content on the Site, you grant to (i) InstallVibes an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Site a non-exclusive and royalty-free license to access your User Generated Content through the Site and to use such User Generated Content solely for personal and non-commercial purposes. The Company may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. The Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
InstallVibes TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS InstallVibes LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER.
7. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us at [email protected]. InstallVibes respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to InstallVibes Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit InstallVibes to locate the material; (iv) information so that InstallVibes can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. InstallVibes Copyright Agent can be reached at: [email protected]. InstallVibes has the sole discretion to restrict and/or terminate access to the Site to Users who are deemed to be repeat infringers of third party’s copyright works or Users who acted inappropriately as specified above.
8. Direct Marketing and Notifications
• By providing your email address in our “Sign Up For The Newsletter” field on our Site, your agree that we may use your contact details you provided us with (including, without limitation, email address) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services and in order to inform you regarding product deals. You may withdraw your consent by sending a written notice to InstallVibes’s email address which appears in the Site or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you. • In addition, the Site may include the sending of push-notifications and alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your web-browser or device (as applicable).
9. Social Media Features
10. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete the Contact Form at (“Contact Form”). The Contact Form may require, inter alia, the User’s full name, e-mail address, phone number, country, company name and any text that you may add in the message box.
12. Intellectual Property Rights
The Site, the Content and InstallVibes’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to InstallVibes and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by InstallVibes and its licensors. The Terms do not convey to you an interest in or to the InstallVibes’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of InstallVibes’s Intellectual Property under any law. To the extent you provide any feedbacks, comments or suggestions to InstallVibes (“Feedback”), InstallVibes shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any InstallVibes current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require InstallVibes to comply with any additional obligations with respect to any InstallVibes current or future products, technologies or services that incorporate any Feedback.
13. Trademarks and Trade names
InstallVibes’s marks and logos and all other proprietary identifiers used by InstallVibes in connection with the Site (“InstallVibes’s Trademarks”) are all trademarks and/or trade names of InstallVibes, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to InstallVibes’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
14. Linking to InstallVibes’s Site
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by InstallVibes, and does not portray InstallVibes in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to InstallVibes’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Site’s availability and functionality depends on various factors, such as communication networks. InstallVibes does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
16. Changes to The Site
InstallVibes reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that InstallVibes shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that InstallVibes is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
17. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, CONTENT AND/OR THIRD PARTY CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND InstallVibes, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “InstallVibes’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. THIRD PARTY CONTENT IS NOT VERIFIED BY InstallVibes, AND THE CONTENT, INCLUDING THIRD PARTY CONTENT, DOES NOT BIND InstallVibes IN ANY FORM, WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH CONTENT AND WE WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT AND/OR THIRD PARTY CONTENT. IN ANY CASE WHERE SUCH CONTENT AND/OR THIRD PARTY CONTENT CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO BY THE PROVIDER OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER DIRECTLY SHALL PREVAIL. THE SITE AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, INCLUDING WITHOUT LIMITATION LEGAL, HEALTH CARE RELATED OR FINANCIAL ADVICE. ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE CONTENT AND/OR THIRD PARTY CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND LIABILITY.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AND/OR THIRD PARTY CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). InstallVibes AND InstallVibes’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN InstallVibes. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
18. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL InstallVibes, INCLUDING InstallVibes’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER THIRD PARTIES WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE, AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF InstallVibes TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF InstallVibes OR InstallVibes’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER InstallVibes OR InstallVibes’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, InstallVibes’S AND InstallVibes’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO InstallVibes FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM InstallVibes’S REPRESENTATIVES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless InstallVibes, including InstallVibes Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
20. Amendments to the Terms
InstallVibes may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
21. Termination of these Terms and the Termination of the Site’s operation
At any time, InstallVibes may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to InstallVibes under any applicable law. Additionally, InstallVibes may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content and/or Third Party Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content and/or Third Party Content or features therein without giving any prior notice. You agree and acknowledge that InstallVibes does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
(a) These Terms constitute the entire terms and conditions between you and InstallVibes relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and InstallVibes, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, InstallVibes may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) 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, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by InstallVibes, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
23. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [email protected]