Nsof - Terms of Service

The following terms of service (the "Terms of Service") stipulate the terms and conditions pursuant to which Nsof Connect Ltd. ("Nsof") makes available, its website located at http://www.nsofinsite.com (the “Website”). Your use of the Website is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Website, you are indicating that you agree to be bound by these Terms of Service. Nsof reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Website, including making any of the changes in its general practices and policies from time to time. Nsof may, in its sole discretion, make changes to these Terms of Service, from time to time. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. Your continued use of the Website following such posting of changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service on this page. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.

Privacy Policy

Nsof respects the privacy of others. Nsof's Privacy Policy can be found at http://www.nsofinsite.com/static/pages/privacy_policy.html and is hereby incorporated by reference.

End-User License Agreement

You acknowledge that any software and related documentation that may be available to download from the Website (the "Software") is the copyrighted work of Nsof. You agree that the use of the Software is governed by the terms of the end-user license agreement which accompanies or is included with the Software (the "License Agreement").

User Account

In order to use the Website you must create a user account (the “Account”). As part of the registration process, you must select a password (the “Password”) and a user Name (the “User Name”). You shall provide Nsof with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Nsof, in its sole discretion, deems inappropriate or offensive.

You shall notify Nsof of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Nsof’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Proprietary Rights

Nsof retains sole and exclusive ownership of all rights, title and interests in the Website and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Website and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Website (or any part thereof, or any software underlying the Website), other than as expressly authorized.

Links to Third Parties

The Website contains links to websites which are not maintained by Nsof. Links to third party websites are provided for your convenience and information only. Third party websites are not under Nsof’s control and Nsof is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites, nor can Nsof guarantee that sites will not change without its knowledge. The inclusion of a link in this Website does not imply Nsof’s endorsement of the third party website nor that Nsof is affiliated with the third party website's owners or sponsors.

User Submissions

The Website permits the submission of content, including but not limited to, photos, personal information and location based services information (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Website and through the Software. You understand that whether or not such User Submissions are published, Nsof does not guarantee any confidentiality with respect to any User Submissions. You agree that any content provided in connection with the Website is provided on a non-proprietary, non-exclusive and non-confidential basis.

By submitting the User Submission you represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Nsof to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof in connection with the Website and/or the Software, (ii) Your User Submissions do not contain confidential or proprietary information, (iii) Nsof is not under any obligation of confidentiality, express or implied, with respect to the User Submission, (iv) Nsof shall be entitled to use or disclose (or choose not to use or disclose) such User Submission for any purpose, in any way, in any media worldwide, (v) Nsof may have something similar to the User Submission already under consideration or in development.

“Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You agree that by submitting your User Submissions, you hereby automatically assign all Intellectual Property Rights in the User Submissions to Nsof and transfer ownership to Nsof for all purposes. You agree that you will not be paid for submitting the User Submission to the Website and you will not be paid if and when your User Submission is published on the Website or otherwise. Nsof shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you shall be solely responsible for such content and the consequences of posting or publishing them, including its legality, and you waive any “moral rights” in such content.

You may not submit or publish through Nsof any content that is: (a) libelous, defamatory, pornographic, an invasion of privacy, threatening, harassing, ethnically offensive, obscene, abusive, illegal, racist, offensive, harmful to minors or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (b) an infringement of any intellectual property rights of a third party or would otherwise violate the privacy or other rights of any third party, (c) advertisements or solicitations of business, (d) falsehoods or misrepresentations that could damage Nsof or any third party, or (e) impersonations of another person. Nsof does not endorse any submission of content or any opinion, recommendation or advice expressed therein, and Nsof expressly disclaims any and all liability in connection with any user submissions.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Nsof is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Nsof with respect thereto and you agree to indemnify and hold Nsof, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website and/or the Software, Your use of the Site and/or the Software, or your violation of any rights of another person or entity.

Payments

You may pay for transaction made through the Website and/or the Software with credit cards issued in Israel, in cash and/or through PayPal (the “Payment Source”). Generally, the Payment Source is charged according to the source individual agreement with the bank or the credit card company.
All payments are performed over a secured server at customary standards.

Trademarks

Any and all trademarks, service marks, product names, and trade names of Nsof appearing on the Website are owned by Nsof. All other trademarks, service marks, product names, and logos appearing on the Website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Website without the owner's prior written consent.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NSOF EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. NSOF MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECEIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECEPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL NSOF BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
HE WEBSITE MAY BE SUBJECT TO CHANGES IN NSOF'S PRACTICES AND POLICIES REGARDING VARIOUS FEATURES INCLUDED IN THE WEBSITE. IN ADDITION, NSOF GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AVAILABLE.

Miscellaneous

(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Nsof. Upon reasonable notice posted on www.nsofinsite.com, Nsof may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

Copyright © 2009 Nsof Connect Ltd. All Rights Reserved