Terms of service
(Individually and collectively with any subsidiary thereof Algomizer)
The Services and This Agreement
1. The user (“User”) of any of Algomizer's system, websites and forums (individually and collectively: the “Algomizer Services”) agrees that the use of any of Algomizer Services, is covered by this agreement (the “Agreement”). Unless explicitly stated otherwise, any new features Algomizer shall release among the Algomizer Services or assets, , shall be subject to this Agreement. In addition, when using particular Algomizer Service (whether owned or operated by Algomizer), the User and Algomizer shall be subject to any guidelines or rules applicable to those services, which may be modified from time to time whether by Algomizer or by the owner of such service. All such guidelines or rules are hereby incorporated by reference into this Agreement. It is hereby explicitly stated that Algomizer may also offer other services that are governed by different Terms of Service. In case of any change in this Agreement, the User will be notified via a prominent notice and the changes will be available for the User's review.
2. Algomizer provide the User, inter alia, with information regarding Algomizer and Algomizer Services. The User also understand and agree that the Algomizer Services may include advertisements (banners presented some error pages) and that these advertisements are necessary for Algomizer to provide the Services, however Algomizer does not collect data in any way for the favor of those advertisements. The User also understand and agree that the Algomizer Services may include certain communications from Algomizer such as update suggestions and changes to certain agreements and you will not be able to opt out of receiving them.
3. The User is responsible for obtaining access to the Algomizer Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). The User is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, The User must provide and be responsible for all equipment necessary to access the Algomizer Services.
4. The User understand that the technical processing and transmission of the Algomizer Services, including content provided by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Any further information can be found in the following links: http://www.Algomizer.com/. For uninstall instructions, please go to: http://www.Algomizer.com/index-8_faq.html, or contact Algomizer’s support center at: support@Algomizer.com
Provision of the Services
6. As a condition precedent of the User's use of the Algomizer Services, the User explicitly declare that he is of legal age to form a binding contract under the laws of any applicable jurisdiction and is not a person banned from receiving the Algomizer Services under the laws of Israel, the United States or any other applicable jurisdiction. The User also must be at least 18 years old in order to install and use the Algomizer Services.
8. The User may stop using the Algomizer Services at any time and does not need to provide notice to Algomizer.
9. The User understands and agrees that the termination of the Algomizer Services, or changes to the extent, functionality, form or nature of the Algomizer Services may result in loss of information which may include account details or information the User previously provided. The User agrees to hold Algomizer harmless for any loss or damage arising directly or indirectly from the loss of information contemplated under this section or for the termination of Algomizer Services.
10. The User agrees that Algomizer may unilaterally edit, modify or delete information or content provided as part of the Algomizer Services. In case of a change in the product, the User will be pre-informed of such update.
Use of the Services and User conduct
11. The User agrees to use the Algomizer Services addressed by this Agreement, is restricted to ways, and for purposes, allowed by this Agreement and all applicable laws, or regulations in relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries). The User agrees that he will not, directly or indirectly, engage in any activity that interferes with, or disrupts, the provision of the Algomizer Services.
12. The User agrees not to sell, provide, duplicate or otherwise make available the Algomizer Services to anyone other than for its own personal use. The User agrees that any use of the Algomizer Services or breach of the terms of this Agreement is in the User’s sole responsibility, including, among other things, any resulting consequences such as damages or harm Algomizer may suffer due to the User’s failure to abide by the Terms of This Agreement. Algomizer EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM THE USER’s, OR ANYONE ON ITS BEHALF, USE OF THE Algomizer SERVICES.
13. The User agrees not to access (or attempt to access) any of the Algomizer Services by any means other than through the interface that is provided by Algomizer, including, Inter alia, specifically agree not to access (or attempt to access) any of the Algomizer Services through any automated means.
14. The User agrees not to restrict, discourage or inhibit any person from using the Algomizer Services, disclose personal information of others through the Algomizer Services or obtained through the Algomizer Services, collect information about users of the Services, “stalk” or otherwise harass another user, reverse engineer, disassemble or decompile any section or technology of or in the Algomizer Services, or gain unauthorized access to the Algomizer Services, to other users’ accounts, names or personally identifiable information, or to other computers, software or websites connected or linked to the Algomizer Services.
15. The User agrees not to, with respect to the Algomizer Services, a) launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers”, that access the Algomizer Services in a manner that sends more request messages to Algomizer servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; b) send or otherwise transmit to or through the Algomizer Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; c) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; d) violate any applicable laws or regulations; or e) assist or permit any persons in engaging in any of the activities described above.
16. The User understands that all information and content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that the User are entirely responsible for all content that he upload or otherwise make available via the Algomizer Services. Algomizer does not control the content posted via the Algomizer Services. You understand that by using the Algomizer Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Algomizer be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Algomizer Services.
17. The User agrees not to use the Algomizer Services to upload, post, email transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
18. The User agrees not to use the Algomizer Services to harm minors in any way.
19. The User agrees not to use the Algomizer Services to impersonate any person or entity.
20. The User agree not to upload, post, email transmit or otherwise make available via the Algomizer Services any content that he do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights).
21. The User agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States or any other applicable government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any similar law.
Intellectual Property Rights and Trademark Information
22. The User acknowledges and agrees that Algomizer owns all legal right, title and interest in and to the Algomizer Services, including any intellectual property rights which take place in the Algomizer Services (whether those rights are registered or not, and no matter which jurisdiction those rights may exist). The User further acknowledge that Algomizer Services may contain information which is designated confidential by Algomizer and that the User shall not disclose such information without Algomizer’s prior written consent. The User agrees that the data generated in the performance of the Algomizer Services is, and shall be the sole and exclusive property of Algomizer, its users or its licensors with all rights reserved. Except as expressly authorized by Algomizer, the User agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Algomizer Services.
23. The User is granted with a limited license to access and use the Algomizer Services and to download or print a copy of any portion of the Algomizer Services to which it has properly and lawfully gained access solely for its personal, non-commercial use, provided that all copyright or other proprietary notices are maintained untouched. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
24. Any use of the Algomizer Services other than as specifically authorized herein, without the prior written personal approval of Algomizer, under its sole and absolute discretion, is strictly prohibited and may terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes under any jurisdiction. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights of Algomizer or any other third party's service this Agreement applies on, whether by estoppel, implication or otherwise. The license granted hereunder is revocable by Algomizer at any time without prior notice and with or without cause.
25. The User agrees that all of Algomizer`s trademarks, trade names, service marks and other Algomizer logos and brand features, and product and service names are trademarks and the property of Algomizer Ltd.. (the “Algomizer Marks”). Without Algomizer’s prior written permission, you agree not to display or use in any manner the Algomizer Marks.
License to Use
26. Algomizer grants to the User a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the website forming a part of the Algomizer Services, if any, provided by Algomizer as part of the Algomizer Services (“Website”). This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Algomizer Services as provided by Algomizer, in the manner permitted by this Agreement and subject to any applicable law.
27. The User agrees not to (and not to permit anyone else to) copy, modify, and create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof, unless this is expressly permitted or required by law, or unless the User has been authorized by Algomizer in writing.
28. The User may not assign (or grant a sub-license of) its rights to use the Website, grant a security interest in or over User’s rights to use the Website, or otherwise transfer any part of its rights to use the Website.
29. The terms of this Agreement will continue to apply until terminated by Algomizer, as contemplated herein. The User agree that Algomizer may, without any prior notice, immediately terminate, limit your access to or suspend your Algomizer account, and/or access to the Algomizer Services, at its sole discretion, with no need to explain the cause for such termination. Further, the User agree that Algomizer shall not be liable to him or any third party for any termination of his account or access to the Algomizer`s Services.
30. Upon termination, all of the legal rights, obligations and liabilities that have accrued to User and Algomizer which are expressed, contemplated or by their nature must continue indefinitely, shall be unaffected by this termination.
Exclusion of Warranties and Limitations of Liability
31. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT HIS USE OF THE ALGOMIZER SERVICES IS AT HIS SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE” BASIS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALGOMIZER SERVICES IS DONE AT THE USER’S DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ALGOMIZER OR THROUGH OR FROM THE ALGOMIZER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALGOMIZER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE ALGOMIZER SERVICES.
IN PARTICULAR, ALGOMIZER, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:
(i) USE OF THE ALGOMIZER SERVICES WILL MEET ANY USER’S REQUIREMENTS,
(ii) USE OF THE ALGOMIZER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
(iii) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF ITS USE OF THE ALGOMIZER SERVICES WILL BE ACCURATE OR RELIABLE, OR
(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE ALGOMIZER SERVICES WILL BE CORRECTED.
32. IN NO EVENT WILL ALGOMIZER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM THE USER’S USE OF SOFTWARE, THE ALGOMIZER SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF WEB BASED INTERFACE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED USING THE ALGOMIZER SERVICES, EVEN IF ALGOMIZER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALGOMIZER’S LIABILITY TO THE USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO ALGOMIZER FOR THE ALGOMIZER SERVICE DURING THE TERM, BUT IN NO EVENT WILL THE ALGOMIZER’S LIABILITY TO THE THE USER EXCEED $200. THE USER ACKNOWLEDGES THAT IF NO FEES ARE PAID BY HIM TO ALGOMIZER FOR THE SERVICE, THE USER SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ALGOMIZER, REGARDLESS OF THE CAUSE OF ACTION.
33. WITHOUT DEROGATING FROM THE PROVISION IN SECTIONS 31-32 ABOVE, THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT ALGOMIZER, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY HIM, AMONG OTHER THINGS, AS A RESULT OF: (i) ANY CHANGES WHICH ALGOMIZER MAY MAKE TO THE ALGOMIZER SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE ALGOMIZER SERVICES, OR ANY PART THEREOF OT FEATURES WITHIN THE ALGOMIZER SERVICES; AND (ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH ITS USE OF THE ALGOMIZER SERVICES.