Welcome to the CyberKick Ltd. website. Please read the following Terms of Use (the “Terms of Use”) carefully before using this site, so that you are aware of your legal rights and obligations with respect to CyberKick Ltd. and its affiliated entities (individually and collectively, “CyberKick”).
By using this site and any services and/or products provided on the site, or downloading any materials from it, you agree that you have read and understood these Terms of Use, you agree to be bound by them and you signify your irrevocable acceptance of these Terms of Use. You further agree to comply with all applicable laws and regulations regarding use of this site. If you do not agree to these Terms of Use, please do not use this site.
CyberKick has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of the site and/or any services and/or products provided on the site shall be deemed irrevocable acceptance of those revisions.
CyberKick reserves the right to change, modify, suspend or discontinue any portion of the site at any time. CyberKick may also impose limits on certain features or restrict your access to parts or the entire site without notice or liability.

RESTRICTIONS ON USE

The information, documentation, data, material and related graphics available on this site (“Materials”) are provided by CyberKick or its licensors. The Materials contained on this site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. CyberKick and its licensors, respectively, retain all title to copyright in the Materials, and nothing on this site shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise. Except as stated in these Terms of Use, you may not reproduce, edit, modify, display, distribute or make any other use of the Materials, in any form or by any means without CyberKick’s prior written consent.
CyberKick grants you permission to download, reproduce, display and distribute the Materials posted on this site solely for informational and non-commercial or personal use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials. CyberKick further grants to educational institutions permission to download, reproduce, display and distribute the Materials posted on this site solely for use in the classroom, provided that such institutions identify CyberKick as the source of the Materials and include the following credit line: “Courtesy of CyberKick”.
The permission granted to you herein shall terminate if you breach any of these terms and conditions. Unauthorized use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.
You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to CyberKick or any third party referenced in the Materials. You agree to use the site and the Materials accessible via the Site only for lawful purposes.

WARRANTIES AND DISCLAIMERS

CyberKick intends for the Materials contained on this site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. CyberKick may make corrections or other changes to these Materials at any time. CyberKick reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice.

Except as expressly provided otherwise in a written agreement between you and CyberKick, the site and any Materials included therein are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, CyberKick disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a purpose, or the warranty of non-infringement. Without limiting the foregoing, CyberKick does not warrant that the functions contained in any service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. CyberKick does not warrant or make any representations regarding the use or the results of the use of the Materials on the site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that, as provided herein, we may include links to other web sites on the world-wide web portion of the internet and that CyberKick has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
The use of certain services, the information of which is provided on this site, may require a license from CyberKick or a third party.

In any event, any product purchased from CyberKick or its distributors is subject to separate and respective terms and conditions of sale, which should be reviewed carefully before placing any order to purchase such product, and the Materials provided in this site do not constitute any warranty or representation about the suitability of any products or the Materials for any purpose, including but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of any third party intellectual property right.
Under no circumstances, including, but not limited to, negligence, shall CyberKick be liable for any special or consequential damages that result from the use of, or the inability to use, the site or any service provided therein, even if CyberKick or a CyberKick authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from CyberKick or from or through the site shall create any warranty not expressly stated in these Terms of Use. Notwithstanding the provisions of any applicable laws, it is hereby agreed that in no event shall CyberKick’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any Materials, services or products presented on this site.

ONLINE BEHAVIOR

Please exercise respect when participating in any of CyberKick’s community features such as Feedback forms, Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (“User Materials”). You may not submit or publish through CyberKick and/or the site any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through CyberKick and/or the site that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Notwithstanding any rights or obligations governed by these Terms of Use, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the site you automatically grant CyberKick a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the site, CyberKick and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

SPECIFIC NOTICE REGARDING SOFTWARE AVAILABLE ON THIS SITE

Any software that is made available to download from this site (“Software”) is copyrighted. Use of such Software is governed by the terms of the respective license agreement, if any, that accompanies or is included with such Software (“License Agreement”). A user will be unable to install any Software that is accompanied by or includes a License Agreement before first agreeing to the License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY SITES.

Certain links provided herein permit you to leave this site and enter non-CyberKick sites. These linked sites are not under CyberKick‘s control. CyberKick is not responsible for the contents of any linked site or any changes or updates to such sites. CyberKick is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by CyberKick of any linked site.

CYBERKICK’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY CYBERKICK PRODUCT OR SERVICE.

TRADEMARKS

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to CyberKick or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any CyberKick trademark, service mark or logo used or displayed on the site without the prior express written permission of CyberKick. When used with CyberKick’s permission, all trademarks must be identified as trademarks of CyberKick using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

CyberKick will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site or on sites linked to from this site, please notify CyberKick.

INDEMNITY

You agree to indemnify and hold CyberKick, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 site, your use of the site, your connection to the site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

JURISDICTION AND GOVERNING LAW

Any claim relating to this site or the use of this site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel-Aviv, 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.

CONTACT INFORMATION

All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to: [email protected]