All content and functionality on the Site, including text, graphics, logos, icons, images, videos, models and methodologies and the selection and arrangement thereof, in addition to any concepts, know-how, best practices, tools, testimonials, case studies, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Vayomar or its licensors and, to the extent applicable, is protected by U.S., Israeli and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, repurposed, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.
The trademarks, logos, models, methodologies, designs, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Vayomar’s and its licensors. You agree that, except as expressly permitted by Vayomar (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to Vayomar or its licensors in any public medium (e.g., press release, websites, or public social media) for commercial, advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Vayomar or its licensors.
Vayomar hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You are prohibited from otherwise reproducing, modifying, reverse engineering, distributing, transmitting, posting, or disclosing the Site Content without Vayomar’s prior written approval. In addition, you may not replicate or “mirror” the Site Content or any portion thereof without Vayomar’s express written approval. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Vayomar intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
You acknowledge and approve that Vayomar shall own and have the unrestricted right to use, publish, repurpose, alter, edit, enhance and otherwise make use of any and all content that you post or otherwise publish on the Site in postings, forums or message boards, questionnaires, survey responses, and otherwise, and you acknowledge and approve that, by providing us any such submission, you automatically grant, and hereby do grant, to Vayomar a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise make use of such submission for any purpose Vayomar sees fit, and in any form or media chosen by Vayomar, not prohibited by applicable law. In addition, you hereby waive any claims against Vayomar for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Vayomar’s use and publication of such submissions.
You commit that you shall not post or otherwise publish on the Site any materials that (a) are harmful to Vayomar’s audience; (b are threatening, libelous, defamatory, or obscene; (c) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (d) infringe or violate the intellectual property, privacy, or other rights of any third parties; (e) contain a computer virus or other destructive element; (f) contain advertising; (g) constitute or contain false or misleading statements; or (h) violates these Terms.
Vayomar does not represent or endorse the accuracy, validity, or reliability of information posted to the Site by users. In addition, Vayomar does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Vayomar reserves the right to refuse to post and the right to remove, edit or alter any information, in whole or in part, for any reason or for no reason.
Vayomar prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Vayomar at the contact information presented below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, full mailing and electronic address, and any additional contact information by which you can be reached with reasonable ease; (d) a written statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a written statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Vayomar will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Vayomar’s contact for submission of notices under this Section 5 is: 127 W 26th St New York, NY 10001, USA.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT VAYOMAR IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VAYOMAR AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. VAYOMAR SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER VAYOMAR NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
You hereby indemnify, defend, and hold harmless Vayomar and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Vayomar Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Vayomar and/or Vayomar Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Vayomar reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms are governed by the laws of the State of Israel without reference to the principles of conflicts of laws thereof.