Welcome to the PhoenixNet (“PhoenixNet” “we,” “us,” or “our”) website (the “Website”). The Website provides general information about Company, information about Company’s products and services and content meant to enhance the use thereof.
Company reserves the right to modify or discontinue, temporarily or permanently the Website and/or the products and services as offered through the Website with or without notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or the products and services as offered through the Website.
The products and services offered by Company are governed by separate agreements, available by contacting Company.
Company reserves the right, in its sole discretion to modify, replace, revise and update these Terms from time to time. Company shall make reasonable efforts to post a prominent notice on the Website in case of a material change of the Terms and shall direct you to the revised Terms for you to review. Company urges you to check the Last Revised date which appears at the top of these Terms. You can review the most current version of the Terms at any time at: www.phoenixnet.com. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of such changes. Company may also, in the future, offer new services or features through the Website. Such new services and features shall be subject to these Terms.
If you do not agree to the Terms, you may not access or use the Website.
The Website or portion thereof may be used as a platform or blog where third party content may be displayed (“Third Party Content”). Company has not reviewed, and cannot review any or all of the Third Party Content, and is not responsible for the Third Party Content.
By posting or allowing the posting of Third Party Content on the Website, Company is not representing or implying that it believes the Third Party Content to be accurate, useful or non-harmful.
[The Website may display Third Party Content that has commercial and/or advertising purposes and you are responsible for evaluation whether you want to access or use Third Party Content.]
You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.
You may not, whether by yourself or through anyone on your behalf: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any part of the Website in any way; (ii) interfere with or disrupt the operation of the Website; (iii) impersonate any person or entity or provide false personal information or business information, for the purpose of using the Website or obtaining products and services from Company; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company endorses you, your website or the Third Party Content you post; (v) transmit or otherwise make available in connection with the Website or your use thereof any virus, "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, or program that is malicious by nature or defective, and 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; (vi) use the Website for any illegal or unauthorized purpose, or for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly.
Your failure to comply with the provisions set forth herein will result in the termination of your right to use the Website or any Service Company offers and may expose you to civil and/or criminal liability.
As between you and Company, all proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property”), used by or available for use on the Website or in connection with the services offered by Company are solely owned or licensed to Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Subject to the foregoing, certain content displayed on the Website, including without limitation, graphics, photos, texts, guides, manuals, data and information, presentations, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos (collectively, “Content”) may be owned by third parties other than Company.
Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property or the Content.
You represent and warrant to Company that: (a) all information you shall supply to Company (if any) in connection with your use of the Website shall be accurate and correct; and (b) you will not use the Website in violation of any law, rule or regulation or provision of these Terms.
THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION OF COMPANY RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE WEBSITE, AND COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE WEBSITE. MOREOVER, COMPANY MAKES NO WARRANTIES OF TITLE OR NON-INFRINGEMENT NOR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY MAY DISCONTINUE DISPLAYING ANY DATA, INFORMATION AND CONTENT WITHOUT NOTICE.
COMPANY HEREBY DISCLAIMS ALL LIABLITY IN CONNECTION WITH THIRD PARTY CONTENT AND ANY ACTION TAKEN BY YOU IN RELIANCE THEREON SHALL BE YOUR SOLE RESPONSIBILITY.
THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUSACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO FIVE (5) US DOLLARS.
Company respects the intellectual property rights of others. If you believe that your work has been copied or your intellectual property rights violated by Company, please provide the following information in writing to Company’s Intellectual Property Agent: (i) the contact details of the person authorized to act on behalf of the owner of the work; (ii) a description of the work that you claim has been violated; (iii) a description of the material that you claim to be violating or to be the subject of violating activity and that you request to remove or to which access should be disabled, and information sufficient to permit Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by law or agreement; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being violated. Company’s Intellectual Property Agent can be reached as follows: firstname.lastname@example.org
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.
Any claim relating to your use of the Website 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 will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel Aviv, 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.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
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.
If you have any questions or comments about the Terms, please feel free to send us an email at: email@example.com.