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Terms of Use

  1. Acceptance of Terms:
    • This Agreement is between you (referred to herein as "Customer", "User", "you", or "your"), and Site On Spot Ltd., the service provider, owner of BetaMarker.com (hereinafter, "BetaMarker.com", "the Website", "we", "us", or "our") offering BetaMarker.com services to you. Please read this page carefully as it sets out the terms and conditions governing the use of BetaMarker.com's services. By using the services offered by BetaMarker.com (hereinafter, the "Services" as defined further below), you agree to be bound by the terms and conditions contained in this Agreement (hereinafter, the "Agreement", the "Terms of Use").
    • If you do not accept the terms and conditions stated herein, do not use the BetaMarker.com Website or Services.
    • BetaMarker.com may revise this Agreement by updating this posting. You should visit this page periodically to review the terms and conditions set out in this Agreement because they are binding on you.
  2. Description of Service:
    • BetaMarker.com makes various services available on its website through the Internet including, but not limited to offering of any materials displayed or performed on the Website (including, but not limited to text, user comments, information, data, graphics, images, illustrations and software, also known as the "Content"). BetaMarker.com may change, suspend or discontinue any or all of the Services or Content for any reason, at any time. BetaMarker.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
  3. Use of Services:
    • Lawful Purposes - All services provided by BetaMarker.com may be used for lawful purposes only. Submission, contribution or presentation of any information, data or material in violation of any laws of the State of Israel, the United States of America, or any other applicable law is strictly prohibited. This includes, but is not limited to, any information, data or material that violates copyrights, trademarks or other intellectual property rights, or that is obscene, defamatory, constitutes an illegal threat, or contravenes applicable export control laws.
    • You agree not to abuse, harass, threaten, impersonate or intimidate other BetaMarker.com users. You agree not to create separate user accounts with the intention of artificially inflating any of the BetaMarker.com Services or Content.
    • Minimum Age Requirement - BetaMarker.com Users must be at least 13 years of age. Any individual under the age of 13 years (hereinafter, a "Child") are only eligible to use the Services under the supervision of an adult over 18 years of age and provided that such adult agrees to the terms and conditions set out in this Agreement. Any adult who accepts the Agreement on behalf of a Child will be primarily liable for ensuring complete and proper compliance with the Agreement. Such primary liability will continue following the Child attaining the age of 13, unless such adult obtains BetaMarker.com's express written consent to the contrary.
    • System and Network Abuse - Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with the provision of service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
    • Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any part of the BetaMarker.com website or technology.
    • Viruses and Other Destructive Activities - Use of BetaMarker.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in the denial of service attacks is prohibited. Customer is also prohibited from engaging in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use BetaMarker.com's services and equipment. Customer shall use its best efforts to ensure that Customer contributed content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
    • Child Pornography - The use of BetaMarker.com's services to post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. BetaMarker.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
  4. Customer Liabilities:
    • As a condition to using BetaMarker.com Services, you are required to register and select a password and user name ("User Name"). You shall provide BetaMarker.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a BetaMarker.com User Name of another person with the intent to impersonate that person; (ii) use as a BetaMarker.com User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a BetaMarker.com User Name a name that is otherwise offensive, vulgar or obscene. BetaMarker.com reserves the right to refuse registration of, or cancel a BetaMarker.com User Name in its discretion.
    • The accuracy and appropriateness of all uploaded, submitted or otherwise disclosed or distributed Content of any kind at or on the Site or otherwise through the Services (including, but not limited to, user generated Content), unless source quoted, hereby falls under the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/
    • Ensuring that the User contributed content does not violate or infringe upon the rights of any person or any third party; and that the User contributed content is not defamatory or otherwise illegal. BetaMarker.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email feedback@betamarker.com.
    • You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur through your account. You agree to immediately notify BetaMarker.com of any unauthorized use of your account. You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access the Services.
  5. Termination Policy:
    • You agree that BetaMarker.com may, with or without cause, immediately terminate your BetaMarker.com account and access to the BetaMarker.com Service without prior notice. Without limiting the foregoing, the following will lead to a termination by BetaMarker.com of a User’s use of the BetaMarker.com Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your BetaMarker.com account includes removal of access to all offerings within the BetaMarker.com Service and may also bar you from further use of the BetaMarker.com Service. Furthermore, you agree that all terminations shall be made in BetaMarker.com’s sole discretion and that BetaMarker.com shall not be liable to you nor any third-party for any termination of your account or access to the BetaMarker.com Service.
    • Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein.
  6. Primary Means of Communication:
    • You acknowledge that email and/or online communication systems (chat, account notices, Websites interface, etc.) will be the primary means of communication between you and BetaMarker.com. You acknowledge that it is your responsibility to maintain a current email address in your contact information which can be updated by accessing your Personal Profile through the service interface. You further agree that you will regularly login to your account to obtain any notices posted through the Services Interface.
  7. Privacy:
    • You agree that any personally identifying information provided by you may be used by BetaMarker.com according to the Privacy Statement posted at http://www.betamarker.com/privacy. You agree to review the Privacy Statement periodically to be aware of any modifications thereto.
  8. BetaMarker.com's Rights:
    • Customer grants BetaMarker.com the right to do the following to the extent needed to provide and operate the Services: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer content; and (b) make archival or back-up copies of the Customer content. Except for the rights expressly granted above, BetaMarker.com is not acquiring any right, title or interest in or to the Customer content, which, as between BetaMarker.com and Customer, shall remain solely with Customer.
  9. Limitation of Warranty:
    • EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BetaMarker.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND BetaMarker.com HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, THE SERVICES AND ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. BetaMarker.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BetaMarker.com SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BetaMarker.com OR THROUGH OR FROM THE BetaMarker.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
  10. Limitation of Liability:
    • IN NO EVENT WILL BetaMarker.com'S LIABILITY IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
    • EXCEPT AS EXPRESSLY SET OUT HEREIN, BetaMarker.com SHALL NOT BE LIABLE IN ANY WAY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF THE SERVICES, OR FOR ANY CLAIM AGAINST BetaMarker.com BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
    • The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 10 shall not apply to Customer's indemnification obligations set out in Section 11.
    • The terms of this section shall survive any termination of this Agreement.
  11. Indemnification:
    • Customer agrees to indemnify, defend and hold harmless BetaMarker.com and its subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the acceptable use policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement, or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
  12. Modification to Agreement:
    • These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 7 days after the modifications are posted. This Agreement shall be posted through the BetaMarker.com website interface (the "Services Interface"). You agree that upon notification of modifications to this Agreement (via communication means specified above) you will check the terms and conditions and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services as described herein.
  13. Governing Law:
    • This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of Israel, as if the Agreement was a contract wholly entered into and wholly performed within the State of Israel. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the courts situated in Tel Aviv. You consent to the personal and subject matter jurisdiction of the appropriate court in Tel Aviv in relation to any dispute arising under this Agreement. You agree that service of process on you in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
  14. Miscellaneous:
    • Access to third party websites - BetaMarker.com is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
    • Reservation of Rights - BetaMarker.com reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving BetaMarker.com's Services, Customers and other users. BetaMarker.com reserves all other rights to respond to violations of this Agreement to the extent of applicable law and in accordance with any applicable contractual obligations. BetaMarker.com may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Agreement, and Customer agrees that BetaMarker.com is authorized to monitor its communications through BetaMarker.com's network for such purposes.
    • Spam Policy - BetaMarker.com is committed to a zero-tolerance, anti-spamming policy. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to BetaMarker.com's customers. Violators will face immediate suspension of their accounts. BetaMarker.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
© 2008 Beta Marker - All Rights Reserved.