These Terms and Conditions of Use, and all modifications and additions thereto (the “Terms”), shall apply to this website (the “Site”), provided and maintained by Kaymera Technologies Ltd. (“Kaymera Technologies”, “Us” or “We”;), and govern your use of the Site and of any information or content on the Site.
Please read these Terms carefully and thoroughly, as your use of the Site (or of any part therein) signifies your understanding of these Terms and your agreement and acceptance to be bound by them and by any and all applicable laws, rules and regulations, whether local, state, national or international.
We make no representation that the Site and/or content therein are appropriate or available for use in your location, and accessing and/or using the Site from territories or jurisdictions where the Site or its contents may be illegal in any way is prohibited. Those who choose to access the Site and/or any of its content from other locations do so at their own initiative and risk.
You may not accept these Terms and/or use the Site if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Site is prohibited by any law applicable to you.
YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE IF, AT ANY TIME, YOU DO NOT AGREE OR YOU ARE NOT ELIGIBLE TO AGREE TO THESE TERMS.
2. CONTENT AND PROPRIETARY RIGHTS
You understand that all information and content, such as data files, text, computer software and code, music, audio files or other sounds, photographs, illustrations, logos, videos or other images (together, the “Content”) which you may have access to as part of or through your use of the Site are protected by copyright, trademark and other intellectual property rights owned or controlled by Kaymera Technologies and/or by the party credited (explicitly or implicitly) as the provider of the Content (the “Content Provider”).
Unless you obtain prior written consent from Kaymera Technologies or the relevant Content Provider, you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce, duplicate, copy, create new and/or derivative works from, perform, reverse engineer, decompile, disassemble, alter or otherwise attempt to derive the source code from any application of the Site, display or provide others with, any portion of the Content or the Site in whole or in part.
You may download, print, share by direct link or copy the Content and other downloadable items displayed on the Site for personal, non-commercial, or non-profit educational use or records only, provided that you maintain any author attribution, trade names, marks, logos, and other distinctive brand features, domain names, texts, appearance, notices and legends appearing or contained therein.
You acknowledge and agree that Kaymera Technologies and the Content Providers own all legal rights, titles, and interests in and to the Site and Content.
You may not adapt or use otherwise any name, mark, or logo that is identical, or confusingly similar to any of Our trademarks, service marks, and logos. Without derogating from the above, You may not use any meta tags or any other “hidden text” utilizing a Kaymera Technologies name, trademark, or product name. You must avoid any action or omission that may dilute, or tarnish Our goodwill. Trademarks and advertisements of Kaymera Technologies on the Site are the exclusive property of Kaymera Technologies.
3. LINKS TO THIRD PARTY SITES AND CONTENT
The Site may contain links to other related websites, resources, and content (“Third Party Sites”). Kaymera Technologies does not maintain, review or control Third Party Sites, is not responsible for the content of, is not associated with, and does not endorse, any of the Third Party Sites linked to or from this Site. You may access or connect to these linked Third Party Sites only at your own risk. The Third-Party Sites, their availability, accuracy, and reliability, and the opinions expressed and other links provided in or to these Third Party Sites are not investigated, verified, monitored or endorsed by Kaymera Technologies, and Kaymera Technologies disclaims any warranty and liability, express or implied, with respect to the contents of any Third Party Sites.
It is your sole responsibility to comply with the appropriate terms and conditions of the Third Party Sites, as well as with any other lawful and/or contractual obligation related to the Third Party Sites or any use of Third Party Sites.
Under no circumstances shall Kaymera Technologies be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Third Party Sites, including for the use of any information you may submit to Third Party Sites. Any concerns regarding Third Party Sites shall be directed to the respective Third Party Site’s administrator or owner.
4. SUBMITTED MATERIALS
Unless specifically requested, you are not solicited nor encouraged to send Kaymera Technologies any confidential or proprietary material. Kaymera Technologies does not wish to receive any such information or material from you through the Site, by e-mail or otherwise, and shall not be limited in its disclosure or use of such materials.
If you still choose to submit or send any materials to Kaymera Technologies, by doing so you shall grant Kaymera Technologies a royalty-free, unrestricted, worldwide, irrevocable, perpetual, non-exclusive and sub-licensable right and license to use such materials in any way worldwide, including to reproduce, modify, adapt, publish, transmit, translate, distribute, create derivative works from, perform and display such materials, in whole or in part. You further waive all rights of attribution with respect to the use of your content.
5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The Site is provided using a commercially reasonable level of skill and care and we hope that you will enjoy using it. However, there are certain things that we do not promise about our Site. Without derogating from the provisions of the Section captioned “GENERAL” above, we accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained in or provided by the Site (unless such liability may not be excluded or limited as a matter of law and in such case our liability will be limited to the maximum extent permitted by law).
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
You expressly agree that your use of the site is at your own risk. The site is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we expressly disclaim and exclude all warranties of any kind, whether explicit or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the operation of the site, or the information, content, materials, or products included in the site. We make no warranty that the site will meet your requirements, or that the site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the server that make it available are free of viruses, or that any information or advice obtained by you as a result of your use of the site will be accurate, updated, complete or reliable. No advice or information, whether oral or written, obtained by you through or from the site shall create any warranty or impose any liability not expressly stated in these terms. You will be solely responsible for any damage to your computer system or loss of data, or any other loss or damage that results from your use of the site. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.
Under no circumstances, including but not limited to negligence, shall Kaymera technologies and Kaymera Technologies’ affiliates and each of their directors, officers, employees, agents, and representatives be liable for any indirect, direct, incidental, special or consequential damages resulting from the use or the inability to use the site, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Kaymera technologies has been advised of the possibility of such damages and even if such damages were foreseeable. You specifically agree that we are not responsible or liable to you or anyone else for any unlawful, explicit or otherwise objectionable conduct of any other party on or through the site, or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. As some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions our liability is limited to the fullest extent permitted by law.
To the extent permitted by law, the total liability of Kaymera technologies and Kaymera Technologies’ affiliates and each of their directors, officers, employees, agents, and representatives, for all claims, damages, and losses (whether in contract, tort or otherwise), including for any implied warranties, is limited to $100 in the aggregate per user.
Without derogating from any of the above, when using the site on mobile devices, you may use services such as web-access and other services which may incur charges from your mobile carrier. In such cases, the site will not provide you any notice with respect to the possibility of additional charges. Your decision to use such services like web access is not the responsibility of the site and any such charges you may incur are not the responsibility of, and not reimbursable by, Kaymera technologies.
You agree that you are solely responsible (and that Kaymera Technologies has no responsibility to you or to any third-party) for any breach of your obligations pursuant to these Terms and for the consequences of any such breach, including any loss or damage which Kaymera Technologies and/or its partners, affiliates, officers, directors, agents, employees, and representatives (the “Kaymera Technologies’ affiliates”) may suffer. You agree to defend, indemnify and hold Kaymera Technologies and the Kaymera Technologies’ affiliates harmless from any claim or demand, including, but not limited to, reasonable legal fees, made by any third party due to or arising out of your use or misuse of this Site, your connection to this Site, your violation of these Terms, or your violation of any rights of another party.
7.TERMINATION OF OPERATION
At all times, Kaymera Technologies may terminate the operation of the Site, or any part thereof, either temporarily or permanently. Kaymera Technologies will publish a termination notice reasonable time prior to the termination of the Site. Kaymera Technologies will maintain backup copies of the content on the Site for an additional reasonable time, and afterward will be entitled to delete the content without maintaining any backup copy thereof and without giving additional notice.
You agree and acknowledge that Kaymera Technologies does not assume any responsibility with respect to, or in connection with the termination of the Site’s operations and loss of any data as a result.
8.APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Kaymera Technologies or relating in any way to your use of the Site resides in the competent courts in Central District, Israel.
Correspondence should be sent to firstname.lastname@example.org.
You agree to report any copyright violations of the Terms to Kaymera Technologies as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site, please notify email@example.com.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kaymera Technologies as a result of your use of the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of these Terms or the termination of the Site’s operation.
This is the entire agreement between you and Kaymera Technologies relating to the subject matter herein. You may not modify these Terms. These Terms will insure to the benefit of our successors, assigns, and licensees. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.