Last Revised: March, 2020
1.
Introduction
1.1. These terms of use (“
Terms
”) are a binding legal agreement between us, Bony Innovation
(“
Bony
”, “
we
”, “
us
”, or “
our
”), and of the user of Bony's website (the “
User
” and
“
website
”, respectively). These Terms will govern and apply when the User access and
use the Website and
Services (as defined below). It is important and recommended that
the User take the time to read these
Terms.
1.2. The User acknowledges that these Terms constitute a binding and enforceable legal
electronic
contract between the User and Bony. By accessing or interacting with the
Website or Services the User
acknowledges that the User has read and understood these
Terms. The User agrees to be bound and to
comply with these Terms, and to comply with
all applicable laws and regulations regarding the User use
of the Services
1.3. The User further represent and warrant he is eligible to enter into these Terms
(or, where
relevant, the User has all proper authorization to enter into these Terms) and he is not
defined
as a “child”, or other similar term, in the User jurisdiction and specifically the
User are not under
the age of 16.
1.4. Bony respects its users’ privacy rights and thus, handles and stores its user’s
data solely
for the purpose of providing and performing the Services. The User shall review
Bony's
Privacy Policy
before using the Services or accessing the Website.
2.
Our Services and Intellectual Property
2.1. We provide the User with comprehensive information and resources about Bony’s
business operation
and any other content related thereto, such as, logos, button icons,
contact information, images, text,
links, download files, documentation, data and other
features (collectively, the “
Content
”).
2.2. In addition, the Website provides the User with communications means which the User
can
use to contact us, e.g. if the User have any question, if the User wish to be
Bony's partner and be
provided with the applicable information in this regard, or if the
User wishes to receive notifications
by email (the Website together with Content shall be
the “
Service
”).
2.3. The Service is owned by Bony, including, but not limited to, any trade names, trademarks
etc.
Except as explicitly provided herein, no license, right, title or interest to the Service
shall be
licensed to the User, and Bony and Bony's partners reserve any and all rights,
title and ownership
of the Service. The User shall not use Bony's copyrights, trademarks,
trade names, or any other
Intellectual Property in any way except to the extent as may be
expressly agreed in these Terms.
3.
Third parties' content
3.1. Bony's Content may include links to third parties’ webpage and website which are not
operated
or owned by Bony ("
Third Parties' Content
"). When the User accesses or interacts
with such Third Parties’ Content, the User will be subject
to their terms of use and privacy
policies. Bony recommends reviewing such terms and policies. Bony has
no control over
Third Parties’ Content, and Bony is not obligated to monitor them.
3.2. Bony
EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN
BASED ON ANY THIRD
PARTIES'; CONTENT, WHICH ARE AT THE USER SOLE RESPONSIBILITY
AND RISK.
4.
Representations and Warranties
4.1. The User represents and warrants that he will not violate or breach these Terms and any
laws and
regulations included administrative guidelines and any terms and conditions of
applicable third
party;
4.2. In addition, the User represents and warrants that he will not agree, encourage or
authorize
any third party to:
4.2.1. disable, circumvent, or interfere with security-related features of the
Service or
prevent others from using the Services;
4.2.2. use the Services in non-compliant,
unlawful, or inappropriate manner;
4.2.3. change, create a derivative work of, reverse engineer, or
disassemble the Service;
4.2.4. use the Services to promote, conduct, or contribute to fraudulent,
illegal or any
other inappropriate activities, including without limitation, deceptive
impersonation;
4.2.5.
remove, obscure, deface, or alter the Service or any Content therein
4.2.6. use the Service for
benchmarking purposes;
4.2.7. resell, sublicense,, rent, assign, transfer any right, share or any
other
commercially exploit or make the Service;
4.2.8. assert any proprietary rights in or to the
Service;
4.2.9. use, access or attempt to use or access the Services with any automated means;
4.2.10.
use the Service in any other unlawful manner;
4.2.11. use Bony’s trade names or trademarks without
Bony’s prior written consent;
5.
Updates
Bony reserves the right to update or revise these Terms from time to time, at its sole discretion.
Any
updates to these Terms will become effective upon the display of the revised version. The
last version
date will be reflected in the "Last Revised" heading located at the top of these
Terms. Please
review these Terms from time to time. In the event of material amendments that
will affect your rights,
Bony will make best efforts to provide an applicable notice
6.
Disclaimer
The Service is provided on an"as is" and "as available" basis without warranties of any
kind,
express or implied, including, without limitation, representations, warranties and conditions
of
merchantability, fitness for a particular purpose, non-infringement, title and those arising by
statute
or from a course of dealing or usage of trade, suitability, marketability, incompleteness,
applicability
or relevance of the Service. The User agrees that Bony will not be held responsible
for any decision
made or not made or action taken or not taken in reliance on the Service nor
does Bony assume any
responsibility for any damages, injury or loss incurred as a result or in
connection with such actions.
Bony makes no representation or warranties that the Service is or
will be available for use in any
particular location or at specific time. Except as expressly stated
herein, Bony does not make any kind
of representations, warranties or conditions, express or
implied, as to the security of any information
the User may provide or activities the User engage
in during the course of the User use of the
Services. The User use of the Services is at the User
own risk and responsibility. Applicable law may
not allow the exclusion of certain warranties, so
to that extent certain exclusions set forth herein
may not apply.
7.
Limitation of Liability
THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW,
Bony, ITS AFFILIATES AND
THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AND
ITS DISTRIBUTORS, VENDORS, THIRD PARTY
LICENSORS (COLLECTIVELY "
Bony's AFFILIATES
"),
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY
DAMAGES OR DAMAGES, FOR LOST PROFITS, LOSS OF DATA, INTERRUPTION, ECT.,
ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE EVEN IF Bony HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Bony
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE OF ANY OF Bony's
OBLIGATIONS THAT IS CAUSED BY AN
EVENT OUTSIDE Bony's CONTROL (INCLUDED BEYOND Bony's
REASONABLE CONTROL). IN NO
EVENT SHALL Bony OR Bony’S AFFILIATES AGGREGATE LIABILITY FOR ANY CLAIM
ARISING OUT OF
OR RELATED TO THESE TERMS AND THE SERVICES SHALL EXCEED $500 US DOLLARS.
8.
Indemnification
The User agrees to defend, indemnify and hold harmless Bony and Bony's Affiliates from any
third
party claims, damages, liabilities and expenses such as reasonable attorney’s fees that arise
as a
result of the user’s breach of these Terms included negligence and wrongful act. The
obligations under
this section will survive the termination or expiration of the Terms or the
Service.
9.
Termination
The parties can terminate these Terms and the Services at any time. If the User wishes to
terminate
the use of the Services, the User may do so by simply cease the use of the Service.
Bony may terminate
these Terms and to stop the User from using all or any part of the Services
at any time, without cause
and without notice, effective immediately. Bony may modify,
suspend, change, or discontinue any feature
of the Service at any time without notice to the
User and without any liability to the User whatsoever
in connection therewith.
10.
Indemnification
The User agrees to defend, indemnify and hold harmless Bony and Bony's Affiliates from any
third
party claims, damages, liabilities and expenses such as reasonable attorney’s fees that arise
as a
result of the user’s breach of these Terms included negligence and wrongful act. The
obligations under
this section will survive the termination or expiration of the Terms or the
Service.
11.
Jurisdiction
These Terms and the Service shall be governed solely by the laws of the State of Israel, without
giving
effect to any conflicts of law principles. Any dispute, claim or controversy arising out of,
connected
with or relating to these Terms and the Services will be under the exclusive
jurisdiction of the
competent court in Tel-Aviv, Israel. The time limitation in respect to any claim
to the Service shall
be limited to twelve (12) months as of the relevant claim, and will be
permanently barred afterwards
12.
Miscellaneous
12.1. The User relationship with Bony is that of an independent contractor, and nothing in
these Terms
is intended to, or should be construed to create a joint venture, employment
partnership or agency
relationship.
12.2. If any part of these Terms will be determined to be invalid or unenforceable,
such
determination shall not affect the remaining provision, which will remain valid and in
force.
12.3.
These Terms constitute the entire understanding between the parties with respect to the.
12.4. In no
event a failure of Bony to enforce any rights or to take action against the User in the
event of any
breach hereunder shall be deemed as a waiver of such rights or of
subsequent actions in the event of
future breaches.
12.5. The user shall not assign or transfer any of the user’s rights in these
Terms. Bony may
assign its rights and obligations in and to these Terms and the Service to a third
party at
its sole and absolute discretion.
12.6. The User is welcome to contact Bony in any matter
relating to these Terms and the
Service as follows:
+ 1 (833) 237-8281
Or send an Email to
support@bonyinnovation.com
Privacy Policy
Terms of Use
Terms Of Use