Netafim brand portal terms and conditions

1. Welcome to Netafim Brand Portal, a marketing platform that stores all of Netafim Ltd.'s marketing digital assets (the “Platform”). The Services provided via the Platform, as defined below, are provided by Netafim Ltd. (the “Company”) and subject to the following terms and conditions (the “Terms”). Please read them carefully, as by using the Platform, you agree to be bound by these Terms. The Terms may be changed, modified or otherwise updated from time to time without prior notice. If you do not agree to any of these Terms, please refrain from clicking ACCEPT and using the Platform.

2. The following definitions apply hereinafter:

2.1. “The Group” – the Company and any and all of its subsidiaries and all of their representatives, shareholders, directors, officers and employees, respectively.

2.2. “Use” – signing into and/or using the Platform as set forth in Section ‎7 below.

2.3. “User” – any person, corporation and/or entity, using the Platform in any manner, either by mobile phone or any other means.

2.4. “Content” – data, reports, analyses, advertisements, comments and/or any other information either by text and/or image and/or voice and/or video and any other means.

2.5. “Services” – all the information, Content and services, whether general or specific or in any form whatsoever, provided via the Platform.

2.6. “Submission” - anything that a User posts to the Services while using the Services, including any text, audio and/or visual material.

2.7. “Offensive Content” – any Content that is either pornographic, racist, harmful, violent and/or that encourages violence or any other act that is unlawful, offensive or that might offend others, obscene, threatening, defamatory, libelous, false, fraudulent, harassing, unlawful or that its mere publication is unlawful, containing viruses and/or spam, offensive to the public, a violation of the rights of a third party, a violation of an agreement and/or an obligation to any third party, a violation of the privacy and/or reputation of another person and/or entity, that contains information whose disclosure was forbidden by a relevant authority, contains inappropriate information, creates a risk to public safety, creates a risk to a person’s health or safety, or constitutes an obstruction of justice.

2.8. "Personal Information" – as this term is defined in the Privacy Policy.

2.9. "Privacy Policy" – the privacy policy of the Company that is available here.

3. Disclaimer

3.1. To the extent permitted by law, the Services are provided on an AS-IS and AS-AVAILABLE basis without warranties of any kind.

3.2. The Use of the Services is at the User’s sole discretion, responsibility and risk, without limitation.

3.3. The Group is not responsible for, and does not guarantee, the quality, security, accuracy, reliability, timeliness and performance of the Services, the properties of Use, the compatibility of the Services to the purposes of the User, or the implications of Submission to the Platform.

3.4. Minors (persons under the age of 18) may not use the Services without legal guardian consent. The legal guardian shall be personally responsible for the minor’s Use. The Group shall not be responsible for a minor User who doesn’t comply with the Terms and the User shall have no claim or cause of action against the Group.

3.5. The Company may change, modify, update (including removing functionality) and/or terminate the Services at any time without prior notice to the User.

4. Limitation of Liability

4.1. In no event will the Group be liable to a User or any other third party for any damages (including but not limited to general, incidental, consequential, indirect, direct, or punitive damages) that are the result or relate in any way to the Services.

4.2. Without derogating from Section 4.1 above:

4.2.1. The Group shall not be responsible for any disruptions or errors in the Services of the Platform, inability to access the Platform, its Content and/or its Services, viruses, malwares or any corrupted files, loss of data, damage to the device with which the Platform was used, or any other damage, either foreseeable or unforeseeable.

4.2.2. The Group shall not be liable even if the Group became aware of a potential damage and/or if the Group could have prevented said damage and/or if the Group made an ex gratia attempt to assist in solving a User’s problem.

4.2.3. The Group shall not be liable for the Use or Content of the websites directed to in the Platform or in the Submissions to the Platform, if and to the extent applicable.

4.2.4. If and to the extent applicable, a User chooses to engage with any third party in the framework of or as a result of using the Platform, either through a link or a Submission, the terms of such engagement between the User and such third party shall be agreed upon between the parties to such engagement and the Group shall not be a party to, nor bound by, such engagement, in any way whatsoever, and therefore shall not be liable or responsible in any way whatsoever for any result of such engagement or transaction.

5. Indemnification

5.1. The User agrees to hold harmless, defend and indemnify the Group or any individual or entity within the Group, from and against any and all claims, damages, loss, costs or expenses (including attorneys’ fees) that relate or arise directly or indirectly from: (a) the breach of these Terms by the User or anyone using the User’s device, password or login information; (b) the User’s Use or attempted Use of the Services or the Platform; (c) the User’s unlawful activity; (d) the User’s infringement of any intellectual property rights or other rights of any third party; or (e) any other matter for which the User is responsible hereunder or under any applicable law or regulation. The User agrees and represents that his Use of the Services shall be in compliance with all applicable laws, regulations and guidelines and shall not infringe any intellectual property of any third party.

6. License

6.1. Subject to the User’s compliance with these Terms, the Company grants the User with a limited, revocable, personal, non-exclusive, non-assignable and non-transferable license to access the Services. The Platform is intended for providing certain services and deliverables, ordered by the Group for marketing purposes and/or for personal, reasonable and fair Use and is not intended for wholesale use or any other use that deviates from the purposes of the Platform or these Terms. The Company may at its sole discretion remove and/or permanently block any User that uses the Platform not for its intended purposes and the User shall have no claim and/or cause of action against the Group in this regard.

6.2. To the extent the Company’s or third party's software or other components are bundled with the Platform, such software or other components are only licensed on an "AS IS" basis, to be used only in conjunction with the Platform and subject to all other terms and restrictions applicable with respect to such software or other components.

7. Use

7.1. The Use of the Services is at the User’s sole discretion, responsibility and risk, mainly for the purpose of providing certain services and deliverables.

7.2. Any other Use except as permitted under Section 7.1 above shall be considered a breach of these Terms and shall entitle the Company to demand from the breaching User to cease his actions, pay damages and/or any other relief as the Company deems appropriate.

7.3. The Group is not responsible in any way whatsoever for the Content of Submissions by the User. Without derogating from the generality of the foregoing, the Group is not liable for any damage to a third party which relates to any Submission. The User shall be solely and fully responsible for any of his Submissions. Without derogating from the foregoing, the following Submissions shall be prohibited, and the Company reserves the right to remove and/or permanently block any User who posts such a prohibited Submission and if necessary, forward the User’s Personal Information to the applicable authorities:

7.3.1. Any Submission that includes Content that might harm others in any way and/or violate others’ rights, including intellectual property rights.

7.3.2. Any Submission that includes Offensive Content.

7.3.3. Any Submission that includes Content concerning minors without first obtaining the consent of the minor’s legal guardian.

7.3.4. Any Submission that includes sensitive security information, or any other information which is sensitive in its nature.

7.3.5. Any Submission that includes malware of any kind.

7.3.6. Any Submission that enables use without registration or payment for a software, service, website or product which requires registration or payment.

7.3.7. Any Submission that includes Content that is defamatory, libelous, harassing, insulting, hostile, threatening, abusive, racist, or that violates a person’s right to privacy or that its publication might be offensive to the public.

7.3.8. Any Submission that constitutes a breach of a Court gag order.

7.3.9. Without derogating from the foregoing, the Company reserves the right to monitor and review, edit, change, refuse to post or remove any Submission, in whole or in part, at its sole discretion.

7.4. The Company has a policy of zero tolerance towards the publication of any Offensive Content and shall act in every means at its disposal, including appointing an authorized officer, to review the Content, detect any Offensive Content and/or any Content which does not comply with these Terms, and remove it immediately, or otherwise excluding the applicable User (permanently or temporarily), from using the Platform, at the Company’s sole discretion.

7.5. The User shall not perform any action attempting to interfere with, interrupt or sabotage the Platform and its Services (including, but not limited to overloading its systems or circumventing any of its systems technology).

7.6. The User shall not include in his Submission a link to another website or application and/or an address to another website or platform whether in writing or in an image without obtaining prior written consent of the Company.

8. Privacy Policy

8.1. The Company respects the privacy of the Users. The Privacy Policy sets out how the Company collects, uses and discloses Personal Information concerning the Users. By using the Services and/or the Platform, the Users agree to the collection and processing of their Personal Information in accordance with the terms of the Privacy Policy [please add a hyperlink to the Privacy Policy under the words "Privacy Policy"]. The Company encourages Users to read the Privacy Policy [please add a hyperlink to the Privacy Policy under the words "Privacy Policy"] on a regular basis.

9. Advertisements Management Policy

9.1. The Company reserves the right to decide according to its policies and sole discretion as to the appearance, content or placement of advertisements in the Platform and no limitations will apply to the Company as to the nature, quality or manner of advertising.

10. Data Security

10.1. The Company uses advance security systems to secure the Personal Information collected during the regular use of the Platform and/or the Services. Nevertheless, the Company cannot provide an absolute protection of the Personal Information against illegal breaches and shall therefore not be liable for any leak of information to the extent such a breach into the Company’s security systems occurs.

10.2. The User is responsible for keeping his account credentials and any other information related to his account confidential. The User must notify the Company as soon as possible of any unauthorized use of his account credentials or any other breach of security of which he becomes aware. The Group shall not be liable for any loss or damage arising from the User’s failure to comply with the foregoing.

11. Intellectual Property

11.1. All right, title and interest in the Services, all Content, trade names, trademarks, logos and all designs, text, graphics, pictures, information, data, sound files, software and files therein, all related documentation and all enhancements, derivatives, bug fixes or improvements to the Services, and all the selection and arrangement thereof, shall, at all times, remain the sole property of the Company, or its licensors, as applicable.

11.2. The User agrees not to copy, distribute, translate, reverse engineer, disassemble, decompile or otherwise attempt to discover or re-create any portion of the Platform or any underlying content or source code, without the express prior written consent of the Company.

11.3. The Company does not own the Content of Submissions by any User. The Company reserves the right to remove all Content that infringes third party intellectual property rights at its sole discretion.

11.4. By posting Submission to the Platform, the User represents that he is the sole owner of the intellectual property rights of the Content of such Submission and grants the Company a non-exclusive, transferable, sub-licensable, perpetual and irrevocable commercial worldwide license to use any intellectual property Content he posts on or in connection with such Submission, as required by the Company to fully and freely exercise its rights in the Platform.

12. Miscellaneous

12.1. The Use of the Platform and its Services shall be governed solely by the laws of the State of Israel. Claims in connection with the Platform and these Terms shall be resolved exclusively by the applicable courts in Tel-Aviv-Jaffa.

12.2. Should any provision of the Terms be held invalid or void for any reason, the remaining provisions shall remain in full force and effect.

12.3. The headings are for reference purposes only and shall not be affect the meaning of interpretation of the Terms.