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Red Button – Site Terms

Last updated: September 2016

Red Button Ltd. (“Red Button”, “we” or “our”) welcomes you or the entity on whose behalf you are agreeing to these Site Terms (“you”) to our website (“Website”). We provide our Website to you subject to the following terms of use (“Site Terms”), which hereby incorporate by reference the terms of our Privacy Policy which can be found at https://red-button.net/privacy-policy/ (“Privacy Policy”).

If you are under the age of 13, you may not register an Account, and you may not provide us with any personal information.

By visiting our Website, you agree to comply with and be bound by these Site Terms. Please read them carefully.

1. Access to and Use of our Website

Subject to your full compliance with these Site Terms and all applicable laws, rules and regulations, you may access and use our Website for your own internal use. You agree to abide by all notices posted on our Website. We reserve all rights not expressly granted in these Site Terms.

2. Your Account

You may register your account (“Account”) on the Website. You are solely responsible for access to and the security of your Account. We may close your Account in our sole discretion.

3. Your Content

You may provide us with information and other content through our Website, including but not limited to through your Account (“Content”). You are solely responsible for your Content, including any Content added by your employees, subcontractors or anyone else engaged by you (“Representatives”). We take no responsibility and assume no liability for Content, and have the right but not the obligation to monitor, edit or remove your Content. You should always use caution when submitting personal information (as defined in the Privacy Policy) about yourself or third parties.

You hereby represent and warrant that all of your Content is accurate, legal, non-infringing, not injurious or objectionable, and does not consist of or contain any spam or malware. You hereby agree to fully indemnify us for all claims in connection with your Content.

4. Your Representatives

You are responsible for ensuring your Representatives abide by the terms of these Site Terms.

5. Third-Party Information

Our Website may contain third-party information and other content (“Third-Party Information”). We have the right but not the obligation to monitor and edit or remove Third-Party Information. We take no responsibility and assume no liability for Third-Party Information, including without limitation in connection with any errors, omissions, or damages therein and in connection therewith.

6. Red Button’s Intellectual Property Rights

Red Button and its licensors own and reserve all rights, title and interest in and to the Website, Red Button’s trademarks, logos and service marks (“Trademarks”), and all worldwide intellectual property rights related to the foregoing, whether registered or not and whether registerable or not. You are required to retain all of our copyright notices and other notices on any copies you make of our Website including any content contained thereon.

7. Suggestions

Should you provide us with any ideas, feedback or suggestions (“Suggestions”), including without limitation in connection with our Website or the services we provide, we will irrevocably own all right, title and interest in and to the Suggestions and will be free to use the Suggestions without any liability or payment to you and without your prior written consent. You hereby irrevocably assign to Red Button all right, title and interest in and to Suggestions and agree to provide Red Button with such reasonable assistance required in order to document, perfect and maintain our rights in and to the Suggestions, at our cost.

8. Linked Websites

Our Website may contain links and references to third-party websites and resources (collectively, “Linked Websites”), which are provided for convenience only. If you decide to access Linked Websites, you do so at your own risk and we are not responsible for and have no liability in connection therewith, including without limitation in connection with any content, goods or services available on or through Linked Websites. We have not reviewed, approved, or endorsed any Linked Website or any content, goods or services available in connection therewith.

9. Links to Our Website

Subject to the other provisions of these Site Terms, you may link to our Website by using a text link and linking to our Website homepage or any other webpage or content contained on our Website, provided that the link you create and the pages that are activated by the link do not: (i) duplicate Website content, (ii) frame or create a border around Website content or any pages on our Website, or use other techniques that alter in any way the visual presentation or appearance of any content on our Website, (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us, (iv) imply that we approve or endorse you, your website or the content contained thereon, or your goods or services, (v) present false or misleading impression about us or otherwise damage any goodwill associated with our name, Website, goods, services, or Trademarks, (v) use our Trademarks in page text, metatags or hidden text in order to gain higher rankings from search engines, or (vi) use our name, Trademarks, or your relationship with us, in a promotional manner without our prior written permission.   

At any time in our sole discretion we may disable any unauthorized links, or terminate permission to link to our Website, and in such case you agree to immediately remove all links to our Website and cease using our Trademarks.

10. Disclaimer of Warranties and Limitation of Liability 

Disclaimer of Warranties. NOTWITHSTANDING ANY OTHER PROVISION OF THESE SITE TERMS, OUR WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE (INCLUDING WITHOUT LIMITATION THROUGH OUR, SERVERS, E-MAIL, REPORTS OR OTHER COMMUNICATIONS) WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS OR DATA WILL BE SECURE OR NOT LOST OR DAMAGED.

Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THESE SITE TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS, CLAIMS OR DAMAGES (COLLECTIVELY, “DAMAGES”) OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE (INCLUDING WITHOUT LIMITATION THROUGH OUR SERVERS, E-MAIL, REPORTS OR OTHER COMMUNICATIONS), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND REGARDLESS OF THE CAUSE OF ACTION (INCLUDING WITHOUT LIMITATION DUE TO BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION), EVEN IF WE HAD PREVIOUSLY BEEN ADVISED OF OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF DAMAGES.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Choice of Law and Jurisdiction

These Site Terms and any dispute arising between you and us shall be governed by the laws of the State of Israel, without giving effect to conflict of laws rules. You and we hereby expressly reject any application to this Agreement of: (a) the United Nations Convention on Contracts for the International Sale of Goods; and (b) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended by that certain Protocol, done at Vienna on April 11, 1980. All disputes arising out of these Site Terms will be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel, provided that we shall be entitled to institute an action in any court of competent jurisdiction world-wide to obtain injunctive relief, protect or enforce our intellectual property rights, or otherwise protect our interests in our Website.

12. Miscellaneous

Please review our other policies on our Website, including without limitation our Privacy Policy which is incorporated by reference into these Site Terms. These policies also govern your visits to our Website. If any provision of these Site Terms is unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the other provisions of these Site Terms. We may freely assign any of our rights and obligations under these Site Terms. You may not assign these Site Terms or any of your rights or obligations hereunder without our prior written consent. No delay or failure to take any action with respect to any breach of these Site Terms shall constitute a waiver of such breach or any subsequent or other breach. All waivers must be in writing to be effective. All rights are cumulative.

13. Inquiries and Comments

If you have an inquiry or comment about these Site Terms or our Website, please contact us at info@red-button.net.

14. Updates to these Site Terms

From time to time, we may update these Site Terms, and your continued use of our website will signify your express agreement to such updated Site Terms.

We will post any Site Terms changes on our website, and in some cases, in our sole discretion, we may notify you by email.