The following are terms of a legal agreement ("Agreement") between you
and SolSpear Energy Ltd. ("SolSpear"). By accessing, browsing and/or
using this web site ("Site") you acknowledge that you have read,
understood and agree to be bound by these terms and to comply with all
applicable laws and regulations. If you do not agree to these terms, do
not use this Site. This Site may contain other proprietary notices and
copyright information, the terms of which must be observed and
followed. Information on this Site may contain technical inaccuracies
or typographical errors. Please read this Agreement carefully and be
aware that SolSpear may, in its sole discretion and without notice,
revise these terms at any time by updating this posting.
HYPERLINKING SolSpear makes no representations whatsoever
about any other web site which you may access through this one. When
you access a non-SolSpear web site, please understand that it is
independent from SolSpear, and that SolSpear has no control over the
content on that web site, even if SolSpear provides information or
services to the owner of that web site. In addition, a link to a
non-SolSpear web site does not mean that SolSpear endorses or accepts
any responsibility for the content or the use of such web site. In
fact, SolSpear disclaims any and all liability and responsibility for
such content. It is up to you to take precautions to ensure that
whatever you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENTThe copyright in all
materials provided on this Site is held by SolSpear or by the original
creator of the material. Except as stated herein, none of the materials
may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying,
recording or otherwise, without the prior written permission of
SolSpear or the copyright owner. Permission is granted to download one
copy of the materials on this Site on a single computer for your
personal or internal business use only provided that you do not modify
the materials and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates
immediately if you breach this Agreement. You may not "mirror" any
material contained on this Site without SolSpear’s express written
permission. Any unauthorized use of the materials contained on this
Site may violate copyright laws, trademark laws, the laws of privacy
and publicity and/or communications regulations and statutes. All
content and functionality on this Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof, are
the exclusive property of SolSpear or its licensors and is protected by
U.S. and international copyright laws. All rights not expressly granted
are reserved.
TRADEMARKS The trademarks, service marks and logos (the
"Trademarks") used and displayed on this Site are registered and / or
unregistered Trademarks of SolSpear. Other trademarks, service marks
and trade names may be owned by others. Nothing on this Site should be
construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark or any other SolSpear
intellectual property displayed on this Site. SolSpear may enforce its
intellectual property rights to the fullest extent of the law. The name
SolSpear or any other Trademarks may not be used in any way, including
in advertising or publicity pertaining to distribution of materials on
this Site, without prior written permission from SolSpear. SolSpear
also prohibits use of SolSpear or any other Trademark as part of a link
to or from any site unless establishment of such a link is approved in
advance by SolSpear in writing.
USER POSTINGSYou acknowledge and agree that SolSpear shall own
and have the unrestricted right to use, publish, in electronic form and
otherwise, distribute and exploit any and all information that you post
or otherwise publish on this Site (“Submissions”). You hereby waive any
and all claims against SolSpear for any alleged or actual infringements
of any rights of privacy or publicity, moral rights, rights of
attribution or any other intellectual property rights in connection
with SolSpear’s use and publication of such Submissions. This means
that anything submitted by you to this Site will be owned by SolSpear
and may be used by SolSpear for any purpose, now or in the future,
without any payment to, or further authorization by, you. In the event
SolSpear’s ownership of such Submissions is successfully contested, you
automatically grant SolSpear a perpetual, royalty-free, non-exclusive,
unrestricted, worldwide and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare derivative works based
upon, distribute, perform or display such Submissions, in whole or in
part, in any form, media or technology known or hereafter developed for
any purpose, including, but not limited to, advertising and promotional
purposes. SolSpear does not represent or endorse the accuracy or
reliability of any Submissions displayed, uploaded, posted on any
message board, or otherwise distributed through this Site by any user
of this Site, information provider or any other third party. SolSpear
expressly disclaims any and all liability related to Submissions, and
you acknowledge that any reliance upon such Submissions shall be at
your sole risk. You covenant that you shall not post or otherwise
publish on the Site any materials that: (i) are threatening, libelous,
defamatory, or obscene; (ii) would constitute, or that encourage
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate law; (iii) infringe the intellectual
property, privacy, or other rights of any third parties; (iv) contain a
computer virus or other destructive element; (v) contain advertising;
or (vi) constitute or contain false or misleading statements. SolSpear
in its sole discretion reserves the right to refuse to post and the
right to remove any information or Submission from this Site, in whole
or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATIONThere may
be delays, omissions or inaccuracies in information obtained through
your use of this Site. This information is provided to you with the
understanding that SolSpear’s provision of this information to you does
not constitute the rendering of investment, consulting, legal,
accounting, tax, career or other advice or services. Information on
this Site should not be relied upon for making business, investment or
other decisions or used as a substitute for consultation with
professional advisors. Moreover, SolSpear does not represent or endorse
the accuracy or reliability of any advice, opinion, statement, or other
information displayed, uploaded, downloaded or distributed through this
Site by SolSpear, any user, information provider or any other person or
entity. You acknowledge that any reliance upon such opinion, advice,
statement, memorandum, or information shall be at your sole option and
risk. Moreover, SolSpear does not grant any license or other
authorization to you to use this Site in any manner if such use in
whole or in part suggests that SolSpear promotes or endorses any third
party’s causes, ideas, political campaigns, political views, web sites,
products or services.
ACCESS TO THIS SITESolSpear may alter, suspend or discontinue
this Site or your access to use this Site at any time for any reason
without notice or liability to you or any third party. This Site may
become unavailable due to maintenance or malfunction of computer
equipment or for other reasons and may result in damages to the user’s
systems or operations. The user shall be solely responsible for
ensuring that any information or content obtained from this Site does
not contain any virus or other computer software code or subroutine
designed to disable, erase, impair or otherwise damage the user’s
systems, software or data.
DISCLAIMER OF WARRANTIESTHE SITE AND ALL MATERIALS THEREON ARE
DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOLSPEAR DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SOLSPEAR
DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT,
ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE
SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.”
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES SHALL SOLSPEAR
OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS,
SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT
DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM
YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE SITE, EVEN IF SOLSPEAR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOLSPEAR’S OR ANY OF ITS
PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’,
OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’,
REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’,
SUCCESSORS’ AND ASSIGNS’ 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 $1. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION You hereby indemnify, defend, and hold
harmless SolSpear and all of its predecessors, successors, parents,
subsidiaries, affiliates, officers, directors, shareholders, investors,
employees, agents, representatives and attorneys and their respective
heirs, successors and assigns (collectively, the "Indemnified Parties")
from and against any and all liability and costs, including, without
limitation, reasonable attorneys’ fees, incurred by the Indemnified
Parties in connection with any claim arising out of or relating to any
breach by you of this Agreement or the representations, warranties, and
covenants you have made by agreeing to the terms of this Agreement. You
shall cooperate as fully as reasonably required in the defense of any
such claim. SolSpear reserves the right, at its own expense, to assume
the exclusive defense and control of any matter subject to
indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS This Agreement is governed
and interpreted pursuant to the laws of The State of Israel,
notwithstanding any principles of conflicts of law. You expressly agree
that exclusive jurisdiction resides in the courts of Israel. You
further agree and expressly consent to the exercise of personal
jurisdiction in The State of Israel in connection with any dispute or
claim involving SolSpear. If any part of these terms is unlawful, void,
or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of the remaining provisions.
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