Welcome to installgram (the “Site”). installgram (“installgram” or “us” or “we”) develops and provides value-added services and an application (collectively the “Application”) available through our website and product offerings.
1. Acceptance of Agreement.
If you do not agree to these terms, you have no right to access or use the Site, Application or any content of this site.
We reserve the right, at our sole discretion, to modify or terminate the Site or Application or from time to time to modify these Terms of Service, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By continuing to access or use the Site or the Application after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Service.
When you download, install or use any component of the Application other software features will installed (the "Software Features") and you acknowledge and agree that the Software Features will be installed. You may specify during the installation process that you do not accept the Software Features and it will not be installed.
We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application.
3. Access to the Application.
Certain sections of, or offerings from, the Site may require you to register / In order to access certain features of the Site and Application, you will be required to provide certain information and you will establish a username and a password. You agree to provide us with accurate, current and complete registration information and to update such information to keep it accurate, current and complete. Each registration is for your personal use only and not on behalf of any other person or entity. We reserves the right to suspend or terminate your use of the Site and Application if any information provided proves to be inaccurate, not current or incomplete.
We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions.
4. Limited License.
Subject to your compliance with the terms and conditions of these Terms of Service, you are granted a non-exclusive, personal, non-sublicensable, non-assignable, non-transferable, revocable license (a) to access and use the Site and the Application strictly in accordance with this Agreement; (b) to use the Site and the Application solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or the Application or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your right to use the Site or the Application is not transferable or assignable. Any password or right given to you according to this Agreement is not transferable or assignable.
Except as expressly provided in these Terms of Service, we exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site or to the Application are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). The copying, redistribution, use or publication by you of any such matters or any part of the Site or the Application is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or through the Application. The posting of information or materials on the Site or on the Application do not constitute a waiver of any right in such information and materials. Some of the content on the site or on the Application is the copyrighted work of third parties.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.
6. Restrictions and Prohibitions on Use.
Your license for access and use of the Site, the Application and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:
You may not (a) Copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or the Application or any Content and Materials retrieved there from; (b) Use the Site or the Application any Content and Materials obtained from the Site or the Application to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media of any kind), that is offered for commercial distribution of any kind or the benefit of any third party, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) Use the Site, Application or Content for any purpose or in any manner not permitted by these Terms of Service; (d) Create compilations or derivative works of any Content and Materials from the Site or the Application; (e) Use any Content and Materials from the Site or the Application in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right; (f) Remove, change or obscure any copyright notice or other proprietary notice or Terms of Service contained in the Site or in the Application; (g) Make any portion of the Site or the Application available through any timesharing system, service bureau, the Internet or any other technology of any kind; (h) Remove, decompile, disassemble or reverse engineer any Site or Application software or use any network monitoring or discovery software to determine the Site or the Application architecture; (i) Use any automatic or manual process to harvest information from the Site or the Application; (j) Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission; (l)Violate any applicable law or regulation or encourage or enable any other individual to do any of the foregoing: (m) Use the Site or the Application for the purpose of gathering information for or transmitting; (1) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (n) Use the Site or the Application or the Application in a manner that violates any law regulating email, facsimile transmissions or telephone solicitations; and (o) Export or re-export the Site or the Application or any portion thereof, or any software available on or through the Site.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and/or the Application and the Content and Materials provided therein.
7. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of any kind of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You acknowledge that we have no obligation to monitor your access to or use of the Site, Application or Content, but have the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
8. Errors, Corrections and Changes.
We do not represent or warrant that the Site or the Application will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or through the Application will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at or the Application any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
The Site may or the Application contains advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site or on the Application is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
10. Third Party Content
Third party content may appear on the Site or on the Application or may be accessible via links from the Site. We are not responsible for and assume no liability for (a) the availability or accuracy of such websites or resources; or (b) the content, product, or services on or available from such websites or resources; or (c) any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or on the Application. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We may use third-party advertising companies to serve ads when you visit the site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertisin g.org/managing/opt_out.asp
11. Warranties and Limitation of Liability - Disclaimer.
The application, the information, content and documents from or through the site are provided "as is" and makes no representations or warranties in relation to the accuracy or completeness of the information found on it.
All warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations.
We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or the Application, or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site or the Application or any features thereof; (c) your use of the Site or the Application, (d) the content contained on the Site or the Application, or (e) any delay or failure in performance; (f) indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of contracts, goodwill, data, information, income, anticipated savings or business relationship, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation and limitation of damages set forth above are fundamental elements of the basis of the transaction between us and you. This site and the Application, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or the Application otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Without derogating from the aforesaid, while the content of this Site and Application is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading or that this it will always (or ever) be available for use.
We do not warrant that the servers that make this application available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site or the Application.
13. Use of Information
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
14. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, and merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Links to other Web Sites.
The Site or the Application contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site or on the Application does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site or the Application and access these third-party sites, you do so at your own risk.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Termination and Cancellation.
This Agreement will be effective as of the date you accept this Agreement by clicking "I agree" at the end and will remain effective until terminated by either party as set forth below.
You may terminate this Agreement at any time provided you cease all use of the Application and Services and destroy or remove from all hard drives, networks, and other storage media all copies of the Application in your possession.
If you breach any of these Terms of Service, we will have the right to suspend or disable your use of the Site and the Application or prevent your access to the Site and to the Application or terminate these Terms of Service, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Site and the Application at any time, with or without cause.
Upon termination of this Agreement for any reason all licenses and rights to use the Application and the Services shall terminate.
17. General Provisions.
We reserves all rights not expressly granted herein. Nothing in this Agreement shall constitute a partnership or joint venture between you and the site. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of the site at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
This Agreement notice shall be interpreted and governed by Israel law, and any disputes in relation to it are subject to the exclusive jurisdiction of the courts in Israel.
The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Application and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
The site may at its sole discretion assign this Agreement to any third party, without giving prior notice. You expressly acknowledge that you have read this Agreement and understand the rights, obligations, terms and conditions set forth herein. By continuing to install the application, you expressly consent to be bound by its terms and conditions and grant to the site the rights set forth herein.