Welcome to the Metalgrass.com Site (the “Site”). This Agreement is made between Metalgrass Ltd. and you.
REGISTRATION AND SUPPLY OF INFORMATION
You may need to register on the Site in order to use certain of the Site functions. If you just wish to browse the Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address, username and password and possibly other details.
For certain functions, such as the sale or purchase of publications and other products and services, you are required to provide your name, address, email, billing and credit card information and possibly additional details. You are required to provide accurate and complete information.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform us in writing of any unauthorized use of your account or password. You may be held liable for losses incurred by us due to someone else using your password or customer account.
AGE OF USERS
The Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
We may discontinue or change any content, service, function or feature at any time with or without notice.
USE OF THIS SITE
When you use any of our blogs, forums or other social and communications functions, you agree at all times to comply with all relevant usage requirements. You agree to use the Site for lawful purposes only and consistent with the law.
You may not:
- Use any program, spider or “bot” to gather, collect or “harvest” information from the Site.
- Use anyone else’s password or customer account at any time or attempt to gain unauthorized access to the Site
- Infiltrate, hack, or otherwise attempt to again unauthorized access to or comprise the integrity and/or security of the Site or servers, connected services or networks including any personal or payment information.
- Attempt to disrupt, interfere, or slow down the Site, or servers, connected services or networks, breach or attempt to access the security of the Site, networks, servers, data, computers etc., relating to the Site or of any third party hosting, supplying or working with the Site.
- Duplicate, copy, insert into frames or otherwise exploit the Site and/or its contents for any gain or to effect any deception or phishing, or impersonate any of our representatives or clients.
- Use any hyperlink to the Site to show us or our users, suppliers, customers or their respective products in an untruthful, derogatory or offensive manner.
- Upload to the site any virus, Trojan, harmful or malicious code or malware, or cause or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any servers, connected services or networks.
We reserve all rights under intellectual property law in the content of the Site, and in our reports, newsletters, publications, products and services (“Publications”).
Except as we may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from us (including any Publications) without our express prior written consent.
As a general rule, we do not provide refunds on Publications since such a policy would be open to abuse. However, in exceptional circumstances, refunds will be provided at our discretion. Please contact us on the Site contact form for more information.
CONTENT THAT YOU SUPPLY
We may allow you to supply content for the Site that can be accessed and viewed by others. You agree not to post any content that violates these Terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.
If you choose to post any content on any blog, forum or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
DISCLAIMER OF WARRANTIES
We provide this Site and the Publications on an “AS IS” basis. We make no express warranties or guarantees about the foregoing. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ANY PUBLICATIONS WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS SITE OR ANY PUBLICATIONS. TO THE EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site or any Publications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
CHOICE OF LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Israel, without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the competent courts in the Tel Aviv-Jaffa district.
SEVERABILITY AND INTEGRATION
These Terms and any supplemental agreements, terms, policies, rules and guidelines posted on this Site or signed by you constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms or any rules or guidelines posted on the Site or for any other reason in our discretion.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please submit a DMCA notification to us on the contact form on the Site.
We may change these Terms at any time and such terms shall come in effect immediately as set out above. These Terms were last updated on October 22, 2019.