Introduction
Welcome to Emblaze.com (the “Site”). 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 Emblaze Ltd. and its affiliates and subsidiaries (individually and collectively, “Emblaze”).
By using the Site and any services and/or products provided on the Site, you signify your irrevocable acceptance of these Terms of Use. Emblaze 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.
Emblaze reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. Emblaze may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Privacy
Emblaze is committed to your privacy. Please note that we may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third parties, but these statistics will include no personally identifying information.
Emblaze might ask you for personal information such as your name, address, email address and telephone number in the course of providing you certain services through the Site. We may use this information to contact you via mail, email or telephone to inform you of new products, applications, or services we may offer. We will not provide this information to a third party without your permission.
Emblaze has taken all appropriate measures to prevent unauthorized access to improper use and the inaccuracy of your personal information.
Emblaze will on its own initiative, or at your request, replenish, rectify or erase any incomplete, inaccurate or outdated personal data.
From time to time, we may place information on your computer to allow us to identify you. This information is commonly referred to as “cookies”. By showing how and when you use the Site, this information can help us improve the Site on a continual basis. We will only use cookies to view information on your hard drive that was put there by a cookie from this Site. The use of cookies is an industry standard and many websites utilize them. If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your browser to do so, if your browser so permits.
We may disclose personal information with regulatory authorities or as required by applicable law. For example, we may disclose personal information to cooperate with regulatory authorities and law enforcement agencies to comply with subpoenas or other official requests, and as necessary to protect our rights or property. Except as described in these Terms of Use, we will not use your personal information for any other purpose unless we describe how such information will be used at the time you disclose it to us or we obtain your permission.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and Emblaze, 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, Emblaze disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Emblaze does not warrant that the functions contained in the 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. Emblaze 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. You (and not Emblaze) assume the entire cost of all necessary servicing, repair, or correction. 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 we may include links to other web sites on the world wide web portion of the internet and that Emblaze 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.
Under no circumstances, including, but not limited to, negligence, shall Emblaze 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 Emblaze or an Emblaze 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 Emblaze 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 Emblaze’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.
Web Site
Links
Emblaze may provide links to other sites that it feels are relevant and interesting to its users (“Link Sites”). Emblaze is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Emblaze may provide through the Site information and/or services provided by third parties. Such third party’s information may be in languages other than English, such as Hebrew. Emblaze shall not be held responsible for such third party’s information, its accuracy, the third party’s ownership of such information or otherwise. Your use of any such information is at your own responsibility and Emblaze shall not be liable for any damages caused by using such information, nor shall Emblaze be liable for any third party proprietary rights infringement by such information.
Online Behavior
Please exercise respect when participating in any of Emblaze’s community features such as Feedback forms, Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (“User Materials”). You may not submit or publish through Emblaze 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 Emblaze 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 Emblaze 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, Emblaze and its or their 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.
Notification of Copyright Infringement
Emblaze 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 Emblaze.
Proprietary Rights
As between Emblaze and you, Emblaze is the sole owner of all content on the Site including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms of Use, you may not download or save a copy of the Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms of Use, you may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
The content on this Site is intended for informational purposes only. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display, or commercially exploit any material from the Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site. Moreover, any Emblaze, affiliate, or third party corporate names and logos may not be altered or used without specific, prior written permission.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by Emblaze. Emblaze makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold Emblaze, 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.
Governing Law
By accessing this Site, you and Emblaze agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the courts of Tel Aviv – Jaffa, Israel.
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