Terms of use

Zinkerz Technologies – Terms of Use
Last updated on: 09/04/16

PLEASE READ THIS DOCUMENT CAREFULLY.
We at Zinkerz Technologies Ltd. (“Zinkerz”, “We”, “Our” or “Us”) have created this privacy policy (“Privacy Policy”) to demonstrate our commitment to your privacy. The following Privacy Policy discloses our information gathering and dissemination practices. We offer online learning and education solutions, through our website located at www.zinkerz.com (“Website”) and an application, available for download through online or mobile application platforms (jointly the “App”). The Website and the App shall be jointly referred to herein as the “Service” unless expressly specified otherwise. By accessing or using the Service, you are accepting the practices described in this Privacy Policy. The Zinkerz end user license agreement (“Agreement”) incorporates and includes this Privacy Policy and the Terms of Use (“Terms”), which form an integral and inseparable part of the Agreement. The Terms are incorporated herein by reference. Unless expressly specified otherwise: (i) any reference to the Service in this Privacy Policy shall include any part thereof; (ii) all capitalized terms used herein shall bear the meaning ascribed to them in the Terms; and (iii) all provisions of this Privacy Policy shall apply for the benefit of: (a) any subsidiaries and/or affiliates of Zinkerz, including their successors and assigns; (b) any entity controlling Zinkerz; (c) any entity controlled by Zinkerz; and (d) any entity in common control with Zinkerz. Terms in this Privacy Policy appearing in the singular form shall include the plural form, and vice versa, and terms appearing in the masculine, feminine or neuter forms shall include all other forms, unless expressly set forth otherwise.

  • 1. Grant of License

    For the term of this Agreement, we hereby grant you a limited, non-exclusive, non- transferable, non-sub licensable, revocable license to use the Service and the Information exclusively for your own benefit and subject to payment of the applicable fees (if any). For purpose hereof, “Information” shall mean any educational information, lessons or tutorials or any other information or data found on the Service, uploaded by you or by other Users, or otherwise provided by Us, in the framework of the Service.

  • 2. We provide you
    • 2.1. Subject to your full compliance with these Terms, We shall provide the Service, which may include, but not be limited to, the sharing of educational information, lessons or tutorials, including videos, presentations and written materials and a User profile (including, but not limited to text, the opportunity to invite others to use the Service via email and/or through social networks, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio, and video). Please note that parts of the Service or certain features may be provided only to Users who subscribe for such Service and/or features and that We may charge fees for such Service and/or features.
    • 2.2. All references in these Terms to the Services shall include, without limitation, the Services and Content, unless expressly set forth otherwise.
    • 2.3. We shall be entitled, but not obligated, to hold events related to the Services from time to time, and certain Users, as We shall determine, may be invited to take part in such events, which may include contests related to materials appearing on the Service. We may further hold contests and competitions on the Service, subject to their compliance with applicable law. Such contests and competitions shall not be sponsored and/or under the responsibility of the online or mobile application platforms. The online or mobile application platforms shall not be involved in such activities, unless they have expressly consented otherwise.
    • 2.4. We may change, suspend, or discontinue any or all of the Service for any reason, at any time, including the availability of any feature or part of the Service at Our sole discretion. We may also impose limits on any or all of the Service or restrict 2 your access to parts or all of the Service without notice or liability. We may charge fees for the use of the Service or part of it and may include advertisements or other commercial content in any product, image and/or webpage including those which have been created by Users, unless stated otherwise.
  • 3. User’s Responsibilities
    • 3.1. You acknowledge that you are at least of legal age allowing you to perform transactions in your country of residency, in order to use the Service, and in any event not under the age of thirteen (13). If you are younger – any use by you of the Service shall be considered an unauthorized use and a breach of the Agreement and shall entitle Us, without derogating from all other remedies available to Us by law or in agreement, to terminate you as a User forthwith.
    • 3.2. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity and acknowledge additional provisions and policies may apply for use in the Services by such legal entity, as may be determined from time to time by Zinkerz.
    • 3.3. You are solely responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights to any third party. With the exception of people or businesses that are expressly authorized by Zinkerz to create accounts on behalf of their employers or clients, all accounts shall solely be used for the personal education of the User, and you agree that your account will solely be used for such purposes. You also represent that all information you provide to Us upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its accuracy.
    • 3.4. You agree that you will not solicit, collect, or use the personal details (e.g. email address, name, home address, or zip code) of other Users, and the only details you shall be authorized to use shall be as provided to you by Us, and may be used specifically and exclusively for the purposes such details were provided.
    • 3.5. You are solely responsible for keeping your password (if any) secret and secure. You shall further be solely responsible for all telephone, computer, modem, and other equipment and software necessary to access and use the Service, and for all charges necessary or applicable for such access and use.
    • 3.6. You obligate that when using the Service you shall not do any of the following: (i) post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, or illegal content; (ii) defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; (iii) try to sabotage or otherwise hinder the Service, including as set forth in Sections ‎3.11 and ‎3.12 below; or (iv) post private or confidential information, including, without limitation, any other person’s credit card information, social security or national identity numbers, non-public phone numbers or non-public email addresses. If you do any of the above actions, We shall be entitled to immediately terminate your account and you shall be prevented from using the Service.
    • 3.7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content (as defined below), including but not limited to, intellectual property rights and privacy protection laws.
    • 3.8. You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, 3 works of authorship, applications, links, and other content or materials, including educational materials, lessons, and Exams (collectively, “User Content”) that you submit, post or display on or via the Service.
    • 3.9. You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or with Zinkerz.
    • 3.10. You may not send unwanted e-mails, comments, likes, or other forms of commercial or harassing communications (also referred to as “spam”) to Users or to any third party, and if you do so you shall bear all consequences arising there from.
    • 3.11. You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of the Service and/or servers and/or networks connected to the Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device or manual process to monitor, scrape, or copy the Service or the Zinkerz Content (as defined in Section ‎12 below) contained therein, or any aspect and/or part of the Service or the Zinkerz Content.
    • 3.12. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Service in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, spyware, malware or any other destructive or disruptive means or technologies. You may not inject content or code or otherwise alter or interfere with the way any page is displayed in a User’s browser or device.
    • 3.13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
    • 3.14. You must not misrepresent and/or provide false or misleading information, including but not limited to, cloaking or altering the information and/or Information, including identification of the source, time and location any contact was made with the Service via the Internet.
    • 3.15. You shall not attempt to restrict another User from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
    • 3.16. Violation of these Terms may result in termination of your account subject to Our sole discretion. You understand and agree that We cannot and will not be responsible for the User Content posted on the Service, and you use the Service solely at your own risk. If you violate, act against these Terms or otherwise create risk or possible legal exposure for US, We shall be entitled to stop providing all or part of the Service to you, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.
  • 4. Fees and Payments
    • 4.1. Some of the Service and/or features offered on the Service, including Tutor Services and Exams, require payment of fees (“Charged Service”​​). If you elect to sign up for a Charged Service, you shall pay all applicable fees, as described on the Service, in connection with such Charged Service selected by you. We reserve the right to change prices of any Charged Service at any time. You authorize Us directly or through third parties, to make any inquiries We consider necessary to validate your account and financial information that you provided while signing up for such Charged Service.
    • 4.2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be solely responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Charged Service and any other payments made by you to Us.
    • 4.3. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Service will be automatically terminated. Your use of the Charged Service will not resume until you re-subscribe for any such Charged Service and settle any unpaid sum you owe Us.
    • 4.4. Users purchasing a Charged Service shall pay any and all prices and fees due for such Charged Service. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Service is suspended, terminated, or transferred prior to the lapse of these Terms. Any changes or modifications in prices and fees shall be effective when the Service in question come up for renewal as further described below, or if We posted a new price list for such Services on the Service.
    • 4.5. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE SERVICE ARE NON-REFUNDABLE. THE TERMS OF EACH SERVICE ARE INDICATED IN THE SERVICE AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. WE WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICE.​
  • 5. General Terms & Conditions
    • 5.1. Zinkerz does not claim ownership of any User Content that you post on or through the Service. Instead, You hereby grant Us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free license to use, copy, reproduce, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, commercialize, display, make available, broadcast and publicly perform, in any way now known or in the future discovered, any User Content (as defined in Section ‎‎3.8 above) you provide, directly or indirectly to Us in connection with the provision of the Service and as otherwise appearing on the Service, including, but not limited to, any user generated content, ideas, concepts, techniques or data, you submit to Us, without any further consent, notice and/or compensation to you or to any third parties, subject to the provisions of these Terms and the Privacy Policy, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
    • 5.2. We reserve the right, in Our sole discretion, to change these Terms (“Updated Terms”) from time to time, without any advance notice before the Updated Terms come into effect. You agree that we may notify you of the Updated Terms by posting them on the Service, and your continued use of the Service after the effective date of the Updated Terms constitutes your agreement to all terms and conditions of the Updated Terms. We recommend that you review any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or on such later time as may be specified in the Updated Terms, and shall apply to your use of the Service from that point onward.
    • 5.3. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you, including forfeiture of any username for any reason. You can deactivate your 5 account by logging into the Service and completing the form available here: www.zinkerz.com/deactivateaccount; or in case of the App to follow the instructions appearing in it. If we terminate your access to the Service, your User Content and all other data will no longer be accessible through your account; however, those materials and data may still appear within search engines results and may be included in analysis conducted by Zinkerz to improve the Service and future offerings.
    • 5.4. Upon termination, all licenses and other rights granted to you by Us in these Terms will cease immediately. We may refund, but are not obligated in any way, the unused portion of any money paid for a Charged Service. Users who violate any of the provisions of these Terms shall be subject to having their account revoked and/or be excluded from the Service and shall not be entitled to any refund whatsoever. We further reserve the right, in Our sole discretion, to publish the information of any User who violates any of the provisions of these Terms. It is clarified that the termination shall not affect the rights of Zinkerz with respect to the license granted by you to Us in your User Content as set forth in Section ‎7.1 above, and such license shall be unlimited, with respect to duration, scope, contents or otherwise.
    • 5.5. We reserve the right to refuse access to the Service to anyone for any reason at any time, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.
    • 5.6. We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine, in our sole discretion, violates any provisions of these Terms.
    • 5.7. You are solely responsible for your interaction with other Users of the Service, whether online or offline. We do not guarantee the integrity or honesty of any User. You agree that We are not responsible or liable for the conduct of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. We recommend that you exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
    • 5.8. There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in commercials, images, or comments within the Service. The Service also may include third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. Using this functionality may require that you log in to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web based services or any of their content. You expressly acknowledge and agree that We are in no way responsible or liable for any such third-party services or features. Your correspondence and transactions with third parties found through the service are solely between you and such third party. We shall also not be responsible for, and disclaim any liability regarding the terms of use or privacy policies of those third-party websites or to the user identification means they use.
    • 5.9. We may display advertisements and promotions as part of the Service, and you hereby agree that We may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode, extent and changes of such advertising and promotions are subject to Our sole consideration.
    • 5.10. You acknowledge that We may not identify paid services, sponsored content and/or commercial communications as such.
    • 5.11. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate, misappropriate, or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by you with respect to User Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction, and if an entity (Company, partnership or other), in the jurisdiction in which the entity is incorporated and/or operating.
    • 5.12. You acknowledge that with respect to all your communications with Us regarding the Service, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right of confidentiality in such communications and we shall have no obligation to protect your communications from disclosure to third parties; (ii) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information, as further specified under our Privacy Policy
    • 5.13. The Service contains content solely and exclusively owned by, or licensed to, Zinkerz (“Zinkerz Content”). Zinkerz Content is protected by copyright, trademark, patent, trade secret, and other intellectual property rights, and Zinkerz owns and retains all rights and title in and to the Zinkerz Content and the Service. You may not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Zinkerz Content and you may not reproduce, modify, reverse engineer, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Zinkerz Content.
    • 5.14. The Zinkerz name and logo are copyrighted to Zinkerz and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Zinkerz. In addition, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of Zinkerz, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Zinkerz.
    • 5.15. You agree that you shall not perform, either directly or indirectly, any act or omission which may in any way jeopardize or adversely affect the validity or enforceability of or otherwise infringe or misappropriate any of Our rights, titles, and interests in and to the Website, the App, the Service, Zinkerz Content, its software, the Information, including but not limited to, its components and methods, all information provided by the Service, or any intellectual property and any property and proprietary rights related thereto (jointly “Zinkerz Rights”). You further agree that you will not oppose or contest any application by Us and/or by any of Our affiliates in connection with the Zinkerz Rights, in any jurisdiction or under any law and/or treaty, and shall assist Us or any of our affiliates in any such process, including by way of execution of any required document or instrument.
    • 5.16. Zinkerz Content may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable 7 to the Service. Without derogating from the provisions of the disclaimer and limitation of liability below, Zinkerz shall not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to provide the Service or to refer to information affected by such inaccuracies. Zinkerz reserves the right to make changes, corrections, cancellations, and/or improvements to the Zinkerz Content, and to the Services described in such information, at any time without notice, including after confirmation of a certain transaction.
    • 5.17. Access to some pages and/or parts of the Service may be restricted to the access of authorized parties. The information and content contained in such restricted pages and/or parts is confidential, shall be deemed an inseparable part of the Zinkerz Content, and is provided for business use only. We reserve the right to prohibit access to, or use of, these restricted pages and/or parts where We determine that such use or access interferes with the Service`s operations or that such use or access results in commercial benefits to third parties to our detriment.
    • 5.18. It is Our intention to keep the Service available at all times. However, there may be occasions when the Service may be interrupted, including, without limitation, for purpose of performing scheduled maintenance or upgrades, for emergency repairs, or due to failure of the Internet, servers, communication links, and/or equipment.
    • 5.19. Zinkerz reserves the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Zinkerz, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Zinkerz encourages you to maintain your own backup of your User Content. In other words, Zinkerz is not a backup service and you agree that you will not rely on the Service for the purposes of User Content backup or storage. Zinkerz will not be liable to you for any modification, suspension and/or discontinuation of the Services, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure, and when submitting User Content you do so at your own risk and sole responsibility.
    • 5.20. You agree that Zinkerz is not responsible for and does not endorse User Content posted within the Service. Zinkerz does not have any obligation to prescreen, monitor, edit, or remove any User Content.
    • 5.21. We do not guarantee the quality, accuracy, or reliability of any information provided under the Service, including the Information. If you choose to use the information provided under the Service, including the Information, you do so at your own risk and sole responsibility and We shall bear no responsibility in any such respect.
    • 5.22. Except as otherwise described in the Service’s Privacy Policy, any User Content will be non-confidential and non-proprietary, and We will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with Us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Us in a position that is any different from the position held by members of the general public, including with regard to your User Content. You acknowledge that none of your User Content will be subject to any obligation of confidence on the part of Zinkerz.
    • 5.23. If you repeatedly infringe other people’s intellectual property rights, we shall be entitled to disable your account and forbid future access to the service.
  • 6. Disclaimer of Warranties

    THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE AND Zinkerz CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY PARENT, SUBSIDIARY OR CONTROLLED ENTITY, OR ANY OF THEIR EMPLOYEES, SHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, OR CONSULTANTS (COLLECTIVELY, THE “Zinkerz PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE (INCLUDING THE WEBSITE AND APP); (B) Zinkerz CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, Zinkerz PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. Zinkerz PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. Zinkerz PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Zinkerz PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. IN SUCH JURISDICTION THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND TO THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

  • 7. Limitation of Liability; Waiver

    UNDER NO CIRCUMSTANCES WILL Zinkerz PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) Zinkerz CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER 9 LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, WASTED TIME, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Zinkerz PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR TOTAL LOSS OF THE SERVICE). IN NO EVENT WILL THE Zinkerz PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, UNLESS AS SET FORTH IN THE LAST PARAGRAPH BELOW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Zinkerz PARTIES` TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Zinkerz PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Zinkerz PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. Zinkerz PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE Zinkerz PARTIES, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH PARTIES.

  • 8. Indemnification

    You and anyone acting in your name and on your behalf agree to defend (at Our request), indemnify, and hold the Zinkerz Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Zinkerz Parties in the defense of any claim. Zinkerz Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Zinkerz Parties.

  • 9. Order of Precedence

    In the event of a contradiction or discrepancy between the provisions of these Terms and any the provisions of the Privacy Policy, the provision most beneficial with Zinkerz shall prevail and supersede in all respects, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.

  • 10. Statute of Limitations Agreement

    You agree that any claim you may have arising out of or related to your relationship with Zinkerz must be filed within one (1) year after such claim arose. Any claim filed with Us after such one (1) year period shall be permanently void. Provisions of this Section shall be deemed an agreement with respect to section 19 of the Israeli Statute of Limitations Law, 5718-1958.

  • 11. Governing Law; Jurisdiction

    These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of laws. The competent courts located in Tel-Aviv, Israel, shall have sole and exclusive jurisdiction with respect to any dispute arising from the performance or interpretation of these Terms. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against Us. You acknowledge that these Terms will specifically not be governed by the United Nations convention on contracts for the international sale of goods, if otherwise applicable.

  • 12. Notices

    Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service. Notice to Us may be made by registered mail to: Zinkerz Technologies Ltd., 13 David Saharov St., Rishon-Leziyon, Israel, 7570715. Delivery by facsimile or electronic mail shall be sufficient and be deemed to have occurred upon electronic confirmation or receipt.

  • 13. Territorial Restrictions

    The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Zinkerz to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that We provide.