Website Terms of Use

Last updated: July 16, 2018

Welcome to www.oriient.me (the “Website“) operated by Oriient New Media Ltd. (“Oriient“, “we” or “us“) and thank you for visiting our Website.

Acceptance of Terms of Use

Please read the following Terms of Use (“Terms of Use”) fully before using our Website. These Terms of Use and our Developer Privacy Policy (available at: www.oriient.me/developer-privacy-policy) applied in connection thereto constitute a binding agreement between Oriient and/or the Website and you. By visiting our Website, you agree to be bound by these Terms of Use and the Developer Privacy Policy, and all other operating rules, policies, and procedures that we may publish from time to time through our Website, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you.

IF YOU DO NOT AGREE TO THE TERMS OF USE UNCONDITIONALLY, DO NOT ENTER OR USE OUR WEBSITE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS.

Privacy

To use certain parts of the Website, you may be asked to provide certain personal information. Your privacy is very important to us; please review our Developer Privacy Policy in order to better understand our commitment to maintaining your privacy. Our Developer Privacy Policy is incorporated by reference into these Terms of Use, and by consenting to these Terms of Use you are deemed to consent to the terms of our Developer Privacy Policy.

By using the Website, you represent, warrant, undertake and agree:

1. That you have the adequate legal capacity to enter into these Terms of Use and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Terms of Use, and that you will use the Website only for lawful purposes and in accordance with these Terms of Use. You further represent and warrant that you are of legal age in your jurisdiction in order to enter into a binding contract, that you will not use the Website to violate any law, regulation or ordinance or any right of Oriient or any third party, and that any information that you provide to us or through using the Website will be complete, accurate and current at all times;
2. not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Website, , any Content offered by Oriient or Third Party Services (as defined below) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Oriient’s prior written and specific consent and/or as expressly permitted under the Terms of Use;
3. not to use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any part of the Website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Website;
4. not to act in a manner which is and/or might be perceived as damaging to Oriient’s reputation and goodwill or which may bring Oriient into disrepute or harm;
5. not to impersonate any person or entity or provide false information on the Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Oriient and/or any other users;
6. not to reverse look-up, trace, or seek to trace another user of the Website, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Website without their express and informed consent;
7. not to upload to the Website or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, 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, or any other actually or potentially harmful, disruptive, or invasive code or component;
8. not to sell, license, or exploit for any commercial purposes any use of or access to any content published on the Website, except as expressly permitted by the Terms of Use;
9. not to remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying any content published on the Website; or
10. not violate, attempt to violate, or otherwise fail to comply with any of the Terms of Use or any laws or requirements applicable to your use of the Website.

Your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate denial of any further access to the Website, with or without further notice to you, and without any refund of any amounts paid by you to Oriient.

Intellectual Property

All rights, title and interest in and to the Website, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Website, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Oriient.

Subject to your full compliance with the Terms of Use Oriient hereby grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Website solely as expressly permitted under the Terms of Use.

The Terms of Use do not convey any right or interest in or to Oriient’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms of Use constitutes an assignment or waiver of Oriient’s Intellectual Property rights under any law.

Termination

Failure to comply with any of the Terms of Use shall entitle Oriient to suspend or cancel your access to the Website and/or to any part therein. All provisions of these Terms of Use which by their nature should survive termination or expiration shall survive termination, including, but not limited to, provisions regarding privacy ownership, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORIIENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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; (B) ORIIENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE WEBSITE OR ANY SERVICES OFFERED BY THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (III) THE QUALITY OF ANY GOODS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, THIRD PARTY SERVICES AND/OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE (ELECTRONIC OR OTHERWISE USED BY YOU IN CONNECTION THERETO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, THIRD PARTY SERVICES AND/OR MATERIALS; AND (C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ORIIENT, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING ANY DAMAGES RESULTING FROM: (A) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE WEBSITE; (E) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTRIBUTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE; (F) EVENTS BEYOND THE REASONABLE CONTROL OF ORIIENT, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (G) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE OF THE WEBSITE.

Indemnity

You agree to defend, indemnify and hold harmless Oriient, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (a) your violation of any term of these Terms of Use or the Privacy Policy; (b) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Contributed Content; and/or (c) any other type of claim that your User Contributed Content t caused damage to a third party.

Miscellaneous

These Terms of Use are the entire agreement between you and us with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to Website and its use thereof. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of Oriient to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms of Use shall be read as being followed by “without limitation” where appropriate.

These Terms of Use and your use of the Website will be governed by and interpreted in accordance with the laws of the States of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel. The courts located in Tel-Aviv, Israel shall have sole and exclusive jurisdiction over any dispute arising in connection with these Terms of Use. You and Oriient hereby expressly consent to the personal jurisdiction of Tel-Aviv’s courts in Israel, and expressly waive any right to object to such personal jurisdiction or the convenience of such forum.

Subject to any applicable law, all disputes between you and Oriient shall only be resolved on an individual basis and you shall not have the right to bring any claim against Oriient as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others). ANY CLAIM RELATED TO THESE TERMS OF USE, THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.

Oriient may change, suspend or terminate the Website and/or change any of these Terms of Use with or without prior notice – at any time and in any manner. Your continued use of the Website following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Website going forward. Your use of the Website is subject to the Terms of Use in effect at the time of such use. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes.

Contact Us

At any time, you may contact us with any question, claim or complaint that you may have with respect to the Website, at: webmaster@oriient.me

Communications made through the email above and messaging system will not constitute legal notice to Oriient, or any of its officers, employees, agents or representatives in any situation where notice to Oriient is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from Oriient in an electronic form via the email address you may have used; and (b) agree that any matter pertaining to this Terms of Use and Privacy Policy, agreements, notices, disclosures, and other communications that Oriient provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any of your rights which may not be waived.