These Terms apply to the use of the Services and/or the Website, through any end device (such as cellular phones, tablets, PDA, car consoles, etc.). By using the Services and/or the Website, you hereby agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully before using the Website and using the Services and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the Website from your device and discontinue any use of the Services. As long as you do not cease using the Services, you will be conclusively deemed to have accepted these Terms.
- This site in intended to provide you with initial information regarding the Services, as well as with the opportunity to register to the Banx newsletter and receive periodic updates from us, as part of the Services.
- In order to register to the Services, you will be requested to provide certain Personally Identifying Information (as defined below), such as name, email address, etc. Please note that while you are not obligated to provide Banx with any personal details, without certain information some or all of the Services, specifically the above mentioned newsletter, may not be available to you.
- By registering to the Services, you warrant and represent that any information provided by you at the time of registration and afterwards, including your identity, is valid, truthful, complete and accurate, and you agree to ensure that such information is kept up to date. You will not use false identity, impersonate any other person or use a name that is not yours to use.
- You acknowledge and agree that you are solely responsible for any use of your account and all activities occurring in connection with the use of your account.
- Banx may, in its sole discretion, refuse to offer access to or use of the Website and Services to any user, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions. Banx may terminate your account immediately and without prior notice if you do not comply with these Terms or if we believe your participation or use of the Website or Services does not comply with any applicable laws.
- Please note that third party advertisements may appear on the Website and Services from time to time. Banx does not endorse these advertisements, nor do such advertisements represent any recommendation provided by Banx.
- Any content or information displayed, available or presented on the Website and/or Services, which is not User Content (as defined below), including, without limitation, any of Banx's logos, trademarks, graphics, designs, information, software, texts, images, data and any other materials, are the copyrighted and/or trademarked work of Banx and/or Banx's affiliates and/or licensors.
- As between Banx and Users, except for User Content, Banx retains all rights, including any and all intellectual property rights in all the content provided on and through the Website and/or Services, which is protected by applicable intellectual property laws. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content provided on and through the Website and/or Services in any manner.
- A User is solely responsible for any content uploaded, submitted, transmitted, distributed, posted, delivered or shared through the Website and/or Services by such User, including without limitation any audio file, text, images, information, photographs, graphics, videos or other messages or information (collectively, "User Content"), and for the consequences of distributing, posting or publishing it through the Website.
- Without derogating from the above, by uploading any User Content to the Website or Services, you hereby represent and warrant that your User Content (i) does not infringe any third party's rights, including any privacy rights, patent, trademark, trade secret, copyright, or other intellectual property right of any party; (ii) is not unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, promotes any unlawful activities such as gambling and/or pornography, hateful, or racially, ethnically or otherwise objectionable.
- Any User Content you publish or share through the Website will be viewed/heard by other Users, and is deemed non-confidential. Banx shall not be responsible for any personal content, or Personally Identifiable Information, you choose to submit or share through the Services, and you are solely responsible to protect your privacy by what you decide to publicly share with others through the Website. You should share User Content with discretion and in accordance with these Terms.
- While Banx does not retain ownership of any User Content, by uploading or sharing any User Content through the Website, you hereby grant Banx and its affiliates, sublicensees, partners, designees, and assignees an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable and worldwide license to use such User Content in connection with the Website and/or Services, in any way Banx's deems fit, including without limitation, the right to copy, edit, transmit, reproduce, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, share, encode, modify and adapt, and/or otherwise exploit your User Content including your trademarks and logos included therein in connection with the Service and/or the Website, including for business purposes, such as advertising, marketing and promotions, in any form or media now known or hereinafter developed; and you hereby warrant to Banx and represent that you have the right to grant such license for such purposes.
- You acknowledge that any and all User Content, does not originate from Banx, and Banx does not guarantee or warrant in any way that such content will be suitable, complete, accurate, of high quality, or compatible with your expectations. Notwithstanding the foregoing, Banx may, but is not obligated to review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that Banx, in its sole discretion, considers being non-compliant with any of the requirements of these Terms.
- Banx reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Website or through the Services. Banx shall not be liable for any purging, deletion or failure to retain any such User Content.
- By using the Website and/or Services, you hereby acknowledge and agree that you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or infringing. You further acknowledge that Banx will not be responsible to any damages arising in connection with such User Content. In case you encounter any such content, you may and are encouraged to report such content to us by using the "Contact Us” section on the Website.
- Without derogating from the above, if you believe your rights in your copyright protected work are infringed by a User posting such work on the Website or otherwise, you may submit a copyright infringement notification ("Infringement Notification") to [firstname.lastname@example.org].
- An Infringement Notification may only be submitted by the owner of the copyrighted work allegedly infringed or such owner's authorized agent. We strive to address all Infringement Notifications in a timely manner. An Infringement Notification should include the following information:
1. Identification of the (i) copyrighted work/s claimed to have been infringed and (ii) allegedly infringing content on the Website, and information reasonably sufficient to permit Banx to locate such content;
2. sufficient contact information of the person submitting the Infringement Notification, including, at least, full name and email address;
3. A statement by the person submitting the Infringement Notification that he/she has a good faith belief that the allegedly infringing content infringes such person's copyrights in their protected work/s and that the information provided in the Infringement Notification is accurate and full in all material respects.
- Upon receipt of an Infringement Notification, we will review the relevant materials and may, at our sole discretion, remove any content established to be infringing content, from the Website, and/or block, suspend, or delete the Banx account of the infringing party.
- An Infringement Notification should only be submitted in good faith. Misuse of the notification process may result in suspension or removal of an account of a User submitting Infringement Notifications in bad faith, and/or other legal consequences.
In connection with your use of the Website and/or the Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
- Submit, upload, post, share or otherwise distribute User Content which does not comply with these Terms or applicable law.
- Modify the Website, or attempt to decompile, reverse-engineer, disassemble, or otherwise, directly or indirectly, disrupt or interfere with the Website and/or the Services, servers or networks connected to the Website;
- Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Website, other Users' User Content and/or the Services;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Website or Services;
- Create a database by systematically downloading and storing all or any content from the Website, including User Content, or otherwise systematically downloading content from the Website, including User Content;
- Use the Website for any illegal, immoral or unauthorized purpose, in a way which may encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
- Create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
- Attempt to restrict another user from using or enjoying the Service;
- Submit, upload, post, share or otherwise distribute User Content that comprises or includes any "junk mail", "spam" or disrupts with repetitive messages.
USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. BANX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEBSITE AND/OR THE SERVICES (INCLUDING ANY CONTENT, USER CONTENT, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Banx does not guarantee continuous, uninterrupted access to the Website, and operation of the Website and/or Services may be interfered with by numerous factors outside our control, as well as for performing maintenance of the Website and/or the Services. Banx shall not be liable for any damages arising in connection with such failures, and from any delays, interruptions, service failures and other problems inherent in use of the internet or electronic communications or other systems not controlled by Banx.
BANX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BANX IS TO DISCONTINUE YOUR USE OF THE WEBSITE. BANX AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN OR IF BANX HAD BEEN ADVISED OF THE POSSIBILITY THEREOF) ARISING FROM YOUR USE OF THE WEBSITE AND/OR SERVICES, OR FROM USE OF ANY USER CONTENT PROVIDED BY YOU OR TO YOU, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BANX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, BANX WOULD NOT BE ABLE TO OFFER THE WEBSITE OR THE SERVICES.
- With the exception of Personally Identifiable Information, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.
- If you register to the Website and provide us with authorization to access accounts you have on other social networks such as Facebook, Twitter, etc. (the "Social Network Accounts"), you expressly agree that we may access any and all information, including Personally Identifiable Information, publicly available on your Social Network Accounts. Other than and as expressly permitted hereunder, we will not use information contained on your Social Networks Accounts for any purpose other than providing you with the Services and improving the Website and the Services.
- Information Use. Non-personal information is used mainly for click stream analysis in order to constantly improve and maintain our Services, including among others, for ensuring the technical functioning of our network, to help prevent fraudulent use of our services and for developing new services. We may also analyze traffic patterns, Users' demographics and behavior, for general business analytics and in order to provide you with a more personalized experience.
- Personally Identifiable Information is used only for limited purposes such as to store user preferences, contact you in response to requests and inquiries, or to optimize the content we display and personalize your experience on the Website, or to communicate with you regarding user service issues, etc.
- User Content you publish, post or otherwise make available to others through the Website or Services, will be regarded, upon publication, as non-confidential information, and may be published, distributed and used by Banx in any manner and in any media, including for commercial purposes. By creating any publishing User Content, you hereby consent that such content may be published by Banx in various frameworks in and outside the Website.
- Sharing of Information with Third Parties. We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers. From time to time, we may release non-personal information in the aggregate, e.g., by publishing a report on trends in our Services usage. Moreover, we may share Users' information with our partners and service providers to facilitate the delivery of the Website and as necessary to allow you to enjoy the Services.
- Personally Identifiable Information may be shared under limited circumstances, such as:
1. With trusted third parties who assist us in operating the Website and Services, conducting our business, expanding our business or servicing you, and for personalizing your experience of the Website, including by way of target advertising on the Website and on third parties' websites and applications.
2. To comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or the Website, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.
- Please note that Banx shall not be responsible or liable to any collection, use and sharing of information, including Personally Identifiable Information by websites, including with regards to information published on the Website and shared by Users on other social networks.
- User Information. You may review, update, correct or delete the Personally Identifiable Information previously provided by you by contacting us or by editing your profile respectively. We may retain an archived copy of your records as required by law or for legitimate business purposes.
- Access to Information. We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information.
- Moreover, we reserve the right to use or disclose Personally Identifiable Information to law enforcement, regulatory or other government agencies, or third parties if we reasonably believe that use or disclosure is necessary to protect Banx's rights and/or to comply with a judicial proceeding, court order, or a legal process.
- By signing up to the Services and the newsletter, you hereby provide us your consent to send you from time to time information related to the Services, such as updates and offers we believe you may find interesting. You may choose at any time to opt-out and to not receive these communications, without a need to also deactivate your account and cease use of the Website.
- Transfer of Data Abroad. We may, from time to time, transfer your Personally Identifiable Information to one of our databases in another country. If the level of privacy protection in a certain country does not comply with recognized international standards, we will ensure that data transferred to our databases in such country are adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection.
- Of course, the Internet is made up of a large number of international connections. If you are visiting the Website or Services from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. By using the Website and/or the Services and communicating electronically with us, you consent to these transfers.
- Special Note for Parents and Children Under Age 18. The Website is a general audience site. The Website and the Services are not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personally Identifiable Information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18.
- Banx reserves the right at any time and from time to time to modify and change these Terms and any aspects and/or features of the Website.
- Severability. If any provision of these terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
- Assignment. Banx may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
- Choice of Law. The Website, Services, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv, Israel.