Gardencitychat (“we”, or “our”) welcomes you (the “User(s)”, or “you”) to our website at [www.gardencitychat.com] (the “Website”). Each of the Website’s Users may use the Website in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By entering to, connecting to, accessing or using the Website, you acknowledge that you have read and understood the following Terms of Use, including the terms of our Privacy Policy [www.gardencitychat.com/privacy-policy] (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Website and you acknowledge that these Terms constitute a binding and enforceable legal contract between us and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE IN ANY MANNER.
2.
The Website & Use Restrictions
Our Website provides you with content (including text, logos, images, video,
related graphics and other features).
There are certain conducts which are strictly prohibited on the Website. Please
read the following restrictions carefully. Your failure to comply with the
provisions set forth may, at our sole discretion, result herein in the
termination of your access to the Website and may also expose you to civil
and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, scrape,
modify, create derivative works of, adapt, emulate, translate, reverse
engineer, compile, decompile or disassemble any portion of the content on the
Website and any other information, documents, material and data available on
the Website (collectively, the “Content”) in any way, or publicly display,
perform, or distribute the Content, without our prior written consent; (ii)
make any use of the Content on any other website or networked computer
environment for any purpose, or replicate or copy the Content without our prior
written consent; (iii) create a browser or border environment around the Website
and/or Content, link, including in-line linking, to elements on the Website,
such as images, posters and videos, and/or frame or mirror any part of the
Website, unless as expressly permitted hereunder; (iv) transmit, distribute,
display or otherwise make available through or in connection with the Website
any content, which may infringe third party rights, including intellectual
property rights and privacy rights, or which may contain any unlawful content;
(v) transmit or otherwise make available in connection with the Website, and/or
use the Website to distribute and/or otherwise transmit any virus, worm, Trojan
Horse, time bomb, web bug, spyware, or any other computer code, file, or
program that may or is intended to damage or hijack the operation of any
hardware, software, or telecommunications equipment, or any other actually or
potentially harmful, disruptive, or invasive code or component; (vi) interfere
with or disrupt the operation of the Website, or the servers or networks that
host the Website or make the Website available, or disobey any requirements,
procedures, policies, or regulations of such servers or networks; and (vii) use
the Content and/or the Website for any illegal, immoral or unauthorized
purpose.
3. Privacy Policy
We respect the privacy of our Users and are committed to protecting the information you share with us in connection with the Website. Our policy and practices and the type of information collected are described in our Privacy Policy (available at: [www.gardencitychat.com/privacy-policy]). If you intend to connect to, access or use the Website you must first read and agree to the Privacy Policy.
4.
Feedback
In the event that you provide us with any suggestions, comments or other
feedback relating to Website (collectively, “Feedback”), such Feedback is
deemed as our sole and exclusive property and you hereby irrevocably assign to
us all of its rights, title and interest in and to all Feedback, if any, and waives
any moral rights to it (or anyone on its behalf) may have in such Feedback.
Without derogating from the foregoing, you hereby represent and warrant that
you shall not provide any Feedback which is subject to any third-party rights
or any limitations, and, without derogating from the foregoing, shall promptly
inform us as soon as it becomes aware of any third party right or limitation
which may apply to Feedback already provided.
5.
Intellectual Property Rights
The Content, including without limitation “[Gardencitychat]” and all logos and
other proprietary identifiers used by the us in connection with the Website and
any emulations, copies, enhancements, modifications, or derivative works made
therefrom and all intellectual property rights in any of the foregoing, as
between the parties, are the property of us. No right, license, or interest in
the aforementioned is granted hereunder, and you agree that no such right,
license, or interest shall be asserted by you with respect to the Content or
our trademarks.
You are hereby prohibited from removing or deleting any and all copyright
notices, restrictions and signs indicating our or our licensor’s proprietary
rights, including copyright mark [©] or trademark [® or ™] contained in or
accompanying the Website, and you represent and warrant that you will abide by
all applicable laws in this respect. You are further prohibited from using,
diluting or staining any name, mark or logo that is identical, or confusingly
similar to any of our marks and logos, whether registered or not.
6.
Third Party Components
The Website may use or include third party software, files and components that
are subject to open source and third party license terms (“Third Party
Components”). Your right to use such Third Party Components as part of, or in
connection with, the Website is subject to any applicable acknowledgements and
license terms accompanying such Third Party Components, contained therein or
related thereto. The Website may contain links to third party websites or
application (“Third Party Sites”), we are not responsible or liable for such
Third Party Sites and you hereby agree that you enter such Third Party Sites at
your own risk.
7.
Availability
We do not warrant or guarantee that the Website will operate and/or be available
at all times without disruption or interruption, or that it will be immune from
unauthorized access error-free.
8.
Changes to The Website
We reserve the right, at its sole discretion, to modify, correct, amend,
enhance, improve, make any other changes to, or discontinue, temporarily or
permanently, the Website (or any part thereof) without notice, at any time. In
addition, you hereby acknowledge that the Content available through the Website
may be changed, modified, edited or extended in terms of content and form or
removed at any time without any notice to you. You agree that we shall not be
liable to you or to any third party for any modification, suspension, error,
malfunction or discontinuance of the Website (or any part thereof).
9.
Disclaimer and Warranties
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY
TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE WEBSITE (OR
ANY PART THEREOF).
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE
WEBSITE, WHETHER OR NOT WE HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.
THE WEBSITE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT,
DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIMS AND
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY,
AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS,
OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES.
US AND OUR AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS,
AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “OUR
AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR
WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY,
SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT,
DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH
YOUR OR ANY USER’S USE OF THE WEBSITE.
WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE,
ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS,
OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WE MAY, AT ITS SOLE
DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE,
IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME, OR DISCONTINUE DISPLAYING
OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE, INCLUDING USE OF AND/OR
RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR
OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
10.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE
WEBSITE, USE OR INABILITY TO USE THE WEBSITE, FAILURE OF THE WEBSITE TO PERFORM
AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE
OR FAILURE OF US TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF
US BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING
FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SITES.
11.
Indemnification
You agree to defend, indemnify and hold harmless us and any of our Affiliates
from and against any and all claims, damages, obligations, losses, liabilities,
costs, debts, fines, late fees, cancellation fees and expenses (including
attorney’s fees) arising directly or indirectly from: (i) your use of the
Website (or any part thereof); (ii) breach of any term of these Terms by you or
anyone on your behalf; (iii) any damage of any sort, whether direct, indirect,
special or consequential, you may cause to any third party which relates to
your use of (or inability to use) the Website; (iv) your violation of the
Privacy Policy, any third party intellectual property rights, privacy rights or
other rights through your use of the Website or provision of information; and
(v) your violation of any applicable law or regulation.
12.
Amendments to the Terms
We may change the Terms from time to time, at its sole discretion and without
any notice. We will notify regarding substantial changes of these Terms on the
homepage of the Website and/or we will send you an e-mail regarding such
changes to the e-mail address that you provided in the contact form. Such
substantial changes will take effect seven (7) days after such notice was
provided on our website or sent via email. Otherwise, all other changes to
these Terms are effective as of the stated “Last Revised” date and your
continued use of the Website after the Last Revised date will constitute
acceptance of, and agreement to be bound by, those changes.
13.
Minors
To enjoy the Website you must be over the age of sixteen (16). We reserve the
right to request proof of age at any stage so that we can verify that minors
under the age of sixteen (16) are not using the Website. In the event that it
comes to our knowledge that a person under the age of sixteen (16) is using the
Website, we will prohibit and block such User from accessing the Website and
will make all efforts to promptly delete any Personal Information (as such term
is defined in our Privacy Policy with regard to such User).
14.
General
These Terms do not, and shall not be construed to create any partnership, joint
venture, employer-employee, agency, or franchisor-franchisee relationship
between the parties hereto. Any claim relating to this Website or use of this
Website will be governed by and interpreted in accordance with the laws of the
State of Israel, without reference to its conflict-of-laws principles. Any
dispute arising out of or related to your use of this Website will be brought
in, and you hereby consent to exclusive jurisdiction and venue in, the
competent courts of the District of Tel Aviv, Israel. If any provision of these
Terms is found to be unlawful, void, or for any reason unenforceable, then that
provision will be deemed severable from these Terms and will not affect the
validity and enforceability of any remaining provision. You may not assign,
sublicense or otherwise transfer any or all of your rights or obligations under
these Terms without our prior express 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. These Terms are the
entire terms and conditions between you and us relating to the subject matter
herein and supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and us. Notices to you may be made via
email or regular mail. This Website may also provide notices of changes to
these Terms or other matters, by displaying such notices or by providing links
to such notices. 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.
15. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms or the Website, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: [editor@gardencitychat.com].