Privacy Policy | Zemingo - Apps of Things

Privacy Policy

Privacy Policy

Terms of Use.

 

Introduction.

The following Terms of Use constitute a legal agreement between Zemingo Ltd. ("Zemingo") and yourself, and govern your access and use of this Website. Please read these Terms of Use carefully before using this Website. Specific terms and conditions may apply to specific Content (as defined below) on or available through this Website including without limitation design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof(the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Website ("User Content") or transactions conducted through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, "we" and "our" means Zemingo, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Website.

Acceptance of Terms of Use.

By accessing, browsing or using this Website and/or obtaining content from this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.

Modification of Terms.

These Terms of Use may be reviewed, amended, and altered from time to time, by Zemingo, in its sole discretion, at any time without further notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review our Terms of Use.

Zemingo reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website and may impose limits on features and services or restrict your access to certain parts or the entire Website without notice or liability, at any time without notice.

Privacy Notice.

Personal information provided through this Website shall be used in accordance with Zemingo's Privacy Notice http://www.Zemingo.com/privacy and these Terms of Use are subject to the Privacy Notice as posted on this Website.

Copyright and Trademarks.

You acknowledge that the Content is copywritten and protected under the laws of the State of Israel as well as any other applicable laws. All copyrights, ownership and any commercial, intellectual property and other rights, in and to this Website and Content are the exclusive property of Zemingo or their respective owners.. You shall not acquire any rights in and to this Website or Content. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content or any part thereof in any form or by any means, without the prior written authorization of Zemingo or the respective intellectual property rights owner. Zemingo authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use it for any public or commercial purposes.

The trademarks, service marks, trade names, trade dress and logos and other proprietary notices and markings displayed on this Website or embedded within the Content, including without limitation product names and company names (collectively, "Marks") are registered and unregistered rights of Zemingo and others and may not be copied, imitated, removed, disabled or otherwise used, in whole or in part, without the prior written authorization of the owner thereof. In addition, all page headers, custom graphics, button icons and scripts are Marks of Zemingo and may not be copied, imitated, removed, disabled or otherwise used, in whole or in part, without the prior written authorization of Zemingo. Zemingo will enforce its intellectual property rights to the fullest extent applicable by law.

Links to Third Party Websites.

Links on the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Zemingo does not control, supervises or endorse any such third party websites and has not reviewed or approved such pages and/or websites or their content. You agree that Zemingo and its affiliates will not be responsible or liable, directly or indirectly, for any content, goods or services provided on or through these third party websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Zemingo expressly disclaims any, direct or indirect, responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website and Zemingo 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 the use of any of the links, content, goods or services available on or through the any linked pages or websites. Zemingo recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Disclaimer of Warranties.

Zemingo strives to provide accurate and up-to-date material on this Website. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Website.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Zemingo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Zemingo MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. NEITHER Zemingo NOR ANY THIRD PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE , INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Zemingo DISCLAIMS WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Damages and Limitation of Liability.

NEITHER Zemingo NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR AFFILIATES SHALL, UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Zemingo HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST Zemingo AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

Indemnification and Release.

You agree to indemnify, defend and hold each of harmless Zemingo, its directors, officers, employees, partners, licensors, agents and affiliates and anyone on their behalf, against all claims, demands, causes of action, losses, expenses, damages and costs of any kind, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Website, any activity related to use of the Website or the Content by you, any message or material that you submit to, post on or transmit through the Website, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.

If you have a dispute with one or more users, you release Zemingo and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

No Unlawful or Prohibited Activity.

You agree that you will not interfere or attempt to interfere with the security or proper working of this Website or otherwise abuse this Website, the Content or linked pages or websites. Without derogating from the generality of the above, you will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through this Website any content, including without limitation any unsolicited mail, viruses or other harmful, disruptive or destructive files..

Zemingo reserves the right, in its sole discretion, to suspend or terminate your access to this Website and prohibit any and all current and future use of this Website (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Website.

Shut-down of Website.

Zemingo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or consent. Zemingo and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Website.

Governing Law and Dispute Resolution.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Israel, without giving effect to conflicts of law principles thereof. Zemingo makes no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that the competent courts of the district of Tel-Aviv-Jaffa, Israel, shall have the sole jurisdiction over any matter and dispute relating to  the use of this Website, the Content or to these Terms of Use. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver.

The failure of Zemingo and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit Zemingo's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

Last Update: April 7, 2015