Shamir Precision Optics Ltd. (“SPO”, “Company” “we” or “us“) welcome you (the “User(s)” or “you“) to our website at SPO.TECH (including its subdomains) (the “Site”). Our Site offers basic information regarding our Company and regarding our services and products. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
- If You enter the Site on behalf of your organization or any other legal entity, You hereby represent that you possess the right, authority, and capacity to enter into these Terms on your organization’s behalf and form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
- The Site
- The Company is engaged in the development, design, manufacture and marketing of optical lenses. To this end, the Company has established relationships with clients from different industrial fields, who are offered, through the Site, comprehensive information regarding unique technologies which are developed by the Company (“Products“).
- The Site includes general information about the Company, the Products and may also include videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, algorithms, source and object code of the Site, interface, GUI, interactive features related graphics, methods, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact Us via the Contact Form available in our Site (“Contact Form“).
- ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO THE COMPANY. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
- YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
- DUE TO THE ONLINE NATURE OF USE, WE DO NOT WARRANT THAT THE SITE, CONTENT, OR ANY RESULTS THEREOF WILL BE FREE OF VULNERABILITIES, ERRORS, BUGS OR OTHER INACCURACIES.
- Use Restrictions
- There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Company’s sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.
- Unless otherwise explicitly permitted under these Terms or in writing by The Company, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-internal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of The Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, rules, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that The Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to The Company’s proprietary rights, including The Company’s Intellectual Property (as such term is defined below), in any way or by any means; (j) make any use of the Content on any other site or networked computer environment for any purpose without The Company’s prior written consent; (k) create a browser or border environment around The Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (m) frame or mirror any part of the Site without The Company’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make available in connection with the Site and/or Content any virus, worm, Trojan Horse, time bomb, web bug, 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, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site for any purpose for which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
- Contacting us via the Site
In order to contact us using the Site, please send us an email to Amirli@shamir.co.il.
- Intellectual Property Rights
The Site, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to The Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
- Trademarks and Trade names
No right, license, or interest to the Company’s trademarks or to any third party trademarks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Social Media Features
- The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Share” and “Like” buttons, sharing, liking, and posting content via Twitter, Facebook, Youtube. Google+ etc.) (“Social Features“).
- Linking to The Company’s Site and Links to Third Party Sites
- Certain links provided herein permit our Users to leave this Site and enter non-The Company sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Site, Twitter and Google+). Those linked sites and services are provided solely as a convenience to you. The inclusion of such links does not imply endorsement of the sites and services by The Company or any association with the operators of such sites and resources. These linked sites and services are not under the control of The Company and The Company is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service.
- In addition, The Company is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time and you shall have no claim in this respect.
The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to The Site
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that The Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
- Disclaimer and Warranties
- THIS SECTION ADDS TO AND DOES NOT DEROGATE FROM ANY OTHER DISCLAIMERS CONTAINED IN THESE TERMS.
- TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “THE COMPANY’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
- WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR CONTENT, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS). THE COMPANY AND THE COMPANY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.
- WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
- YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
- IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
- TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY’S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR THE COMPANY’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY’S AND THE COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SITE.
- IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- You agree to defend, indemnify and hold harmless The Company, including The Company’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms (including any warranties or representations); (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
- Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site. Otherwise, all other changes to these Terms are effective as of the above stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination or Suspension of your Account, Termination of these Terms and the Termination of the Site’s operation
- These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license to use the Site and these Terms. In the event of your failure to comply herewith The Company may immediately temporarily or permanently limit, suspend or terminate your Account with or without notice in addition to any other remedies that may be available to The Company under any applicable law. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Site, you may terminate these Terms at any time by exiting our Site and stopping your use thereof and this will be your sole remedy in such circumstances.
- Additionally, The Company may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that The Company does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and/or termination or suspension of your Account and/or loss of any data.
- Upon termination of these Terms for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Site and so certify to The Company if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Use Restrictions, Intellectual Property, Trademarks and Tradenames, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
- These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
- Any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied.
- Any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, The Company may seek injunctive relief in any court of competent jurisdiction.
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
- You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.
- No amendment hereof will be binding unless in writing and signed by The Company.
- The Company’s remedies hereunder shall be cumulative and not exclusive, and shall be in addition to any other relief to which it may be entitled at law or in equity.
- The parties agree that all correspondence relating to these Terms shall be written in the English language.
- Contact Details
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to Amirli@shamir.co.il.