Accepting these Press Kit Terms and Conditions.
In order to use this Press Kit (“PK”), you must first agree to these terms and conditions (“Terms and Conditions”).
By expressly accepting these Terms and Conditions or by downloading, installing, accessing, activating and/or otherwise using the materials within the PK, you are agreeing that you have read, agree to comply with and are bound by the terms and conditions herein and all applicable laws and regulations.
If you do not accept these Terms and Conditions, do not use the materials within the PK. If you are accepting these Terms and Conditions on behalf of an entity, you acknowledge that you have the appropriate authority to accept these terms and conditions on behalf of such an entity.
You shall be responsible for any updates, changes or additions that we post. Your continued usage of the PK will mean you accept those changes.
The content, including without limitation, text, artwork, photographs, videos, etc. posted on the PK (“Material/s”) is owned by INTSITE Ltd, an Israel company with the ID of 515585701 (“INTSITE”) and is the subject of copyright protection. The Material on the PK may be used only [by authorized members of the press] as a promotional tool to promote INTSITE and its products (e.g. SCiO), on an as-is basis. No changes to the Materials and/or other uses are permitted without the prior written consent from INTSITE.
You may not lease or sell the Material in whole or in part. INTSITE reserves the right to pursue any and all legal remedies to terminate any unauthorized use, duplication, display, preparation of derivative works based upon, or distribution of the material.
All rights not expressly granted herein are reserved to INTSITE. The permission granted herein to use the Material may be revoked at any time by INTSITE. The PK Material is subject to update and change, and your ability to access and/or use the Material may be terminated at any time without notice at the sole discretion of INTSITE. In addition, if you violate these Terms and Conditions, your permission to use the PK Materials shall automatically terminate.
Nothing herein constitutes a representation or warranty by INTSITE and anyone on its behalf that the Material is and/or will be error free. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the PK Materials.
You warrant that you will not use the Materials in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or any other right of third parties; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of INTSITE; (v) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) violates the security of any computer network, or cracks any passwords or security encryption codes; (vii) runs Mail list, Listserv, or any form of auto-responder or “spam”.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PK MATERIALS IS AT YOUR SOLE RISK AND THAT THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM INTSITE.
YOUR USE OF THE PK MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH USE.
INTISTE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INTSITE MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE MATERIALS.
In no event shall INTSITE or any third parties mentioned on the PK be responsible for any claims if these Terms and Conditions are not followed or liable for any incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the PK, whether based on warranty, contract, tort, or any other legal theory, and whether or not INTSITE or any third parties mentioned on the PK are advised of the possibility of such damages.
Rights Reserved: INTSITE reserves the right to refuse access and/or refuse to provide PK Materials, including, without limitation, if INTSITE believes that your conduct violates applicable law or is harmful to the interests of INTSITE.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless INTSITE, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the PK, and (b) any non-compliance by you with these Terms and Conditions
The following provisions survive the expiration or termination of the Terms and Conditions for any reason whatsoever: Liability, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
You agree that if INTSITE does not exercise or enforce any legal right or remedy, this will not be taken to be a formal waiver of INTSITE’ rights and that those rights or remedies will still be available to INTSITE.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from these Terms and Conditions without affecting the rest of the terms herein. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
You acknowledge and agree that each affiliate of INTSITE shall be third-party beneficiaries to these Terms and Conditions and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms and Conditions that confers a benefit on (or rights in favor of) them.
The rights granted in these Terms and Conditions may not be assigned or transferred by you without the prior written approval of INTSITE.
These Terms and Conditions, and your relationship with INTSITE under these Terms and Conditions, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and INTSITE agree to submit to the exclusive jurisdiction of the courts located within the city of Tel Aviv, Israel. to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that INTSITE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Complete Agreement: These Terms and Conditions constitute the entire agreement between you and INTSITE with respect to the use of the Materials.
Updated: January 26th, 2020