Last updated: December 10, 2023
Last Updated: December 10, 2023
IMPORTANT: BY ACCESSING AND/OR USING THE WEBSITE (DEFINED BELOW) YOU
ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE
WEBSITE.
- ACCEPTANCE OF TERMS
The following agreement consists of the terms and conditions governing your (“You” or “User”)
access to and use of Exon Media Ltd.’s (“Exon Media” or “We”) website available at: www.exon-media.com and the content therein (collectively, the “Website”). These Exon Media Terms of Use together with the Exon Media Privacy Policy available at: www.exon-media.com/privacy-policy/ constitute a binding agreement between you and Exon Media, and by continuing to use the Website (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Website and cease making any use thereof.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on the Website. You should check our Website periodically and review changes to the Terms. By continuing to use the Website following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Website. - LICENSE
Subject to the terms and conditions set forth herein, Exon Media hereby grants to you, and you
accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable,
limited license to access and make non-commercial use of the Website only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. - LIMITATIONS ON USE
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Website and/or the Exon Media IPR (as defined below); (iii) refer to the Website by use of framing; (iv) make use of the Website in any jurisdiction where same are illegal or which would subject Exon Media or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Website through or use with the Website any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Website; (viii) perform any act that destabilizes, interrupts or encumbers the Website or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Website, in a given period of time, than a human can reasonably send in that time period by using the Website; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Website and/or any other software available on the Website or create derivative works thereof; or (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website.
- OWNERSHIP OF PROPRIETARY RIGHTS
The Website, including without limitation any underlying data, software, platforms, algorithms,
technology, design, UI, any information, services, texts, files, charts, graphs, photos, videos, sound,
music, organization, structure, “look and feel” and features and any modifications, enhancements and
derivatives thereof and all Intellectual Property Rights related thereto (“Exon Media IPR”) are the
exclusive property of Exon Media and/or its licensors who retain all right, title and interest in
connection therewith.
No transfer or grant of any rights by Exon Media is made or is to be implied by any provision of
these Terms or by any other provision contained in the Website with respect to the Exon Media IPR
or otherwise, except for the limited license set forth in Section 2 above.
“Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with
works of authorship, designs, and photography including copyrights; (b) trademarks, service marks,
domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents,
patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth
herein and any other proprietary rights relating to intangible property; (f) divisions, continuations,
renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed,
issued, or acquired. - PRIVACY
Exon Media privacy practices are governed by Exon Media’s privacy policy, the most updated copy
of which can be found at www.exon-media.com/privacy-policy/.
- DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE EXON MEDIA IPR SHALL
BE AT YOUR OWN RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION EXON
MEDIA IPR ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, EXON MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND COMPLIANCE WITH
REGULATORY REQUIREMENTS.
EXON MEDIA DOES NOT WARRANT THAT THE EXON MEDIA IPR AND/OR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER(S)
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
EXON MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE EXON MEDIA IPR OR WEBSITE
INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS,
ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING
FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE WEBSITE MAY
BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE
RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO
PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY
ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY
OF THE EXON MEDIA IPR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. - LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES
WHATSOEVER WILL EXON MEDIA AND ITS AFFILIATES AND ITS AND THEIR PARTNERS,
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS,
SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY
OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER
ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT
LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS
INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER TANGIBLE OR
INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT
FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE OR
EXON MEDIA IPR, OR RELIANCE THEREON OR TO ANY ERRORS, INACCURACIES,
OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM
BY EXON MEDIA.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION
You agree to defend, indemnify and hold Exon Media and anyone on its behalf, including but not
limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless
against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’ and other
costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use of the
Website; (ii) any breach of these Terms. - TERMINATION
We may terminate these Terms and/or suspend your right to access or use any portion or all of the
Website and/or Exon Media IPR immediately (including without limitations the license set forth in
Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease
using the Website and the following sections shall survive: 1,3, 4, 6-11. - GENERAL
(i) These Terms shall be governed by and construed in accordance with the laws of the State of Israel,
without regard to the principles of conflict of law therein. The parties consent to the exclusive
jurisdiction of the courts of Tel Aviv, Israel. The application of the United Nations Convention of
Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii)
notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these
Terms by you, Exon Media could suffer significant and irreparable harm that could not be
satisfactorily compensated in monetary terms, and that the remedies at law available to Exon Media
may otherwise be inadequate and Exon Media shall be entitled, in addition to any other remedies to
which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of
an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You
hereby acknowledge and agree that Exon Media shall not be required to post bond as a condition to
obtaining or exercising any such remedies, and you hereby waive any such requirement or condition;
(iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable and if such provision is determined to be invalid or
unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these
Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) You
acknowledge and agree that Exon Media has the right, at any time and for any reason, to redesign or
modify the Exon Media IPR and other elements of the Website or any part thereof; (v) these Terms
are the entire agreement between you and Exon Media regarding the subject matter herein; (vi) Exon
Media may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign
or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party
without the prior written consent of Exon Media. Any unauthorized assignment will be void and of no
force or effect; (vii) no provisions of these Terms are intended or shall be construed to confer upon or
give to any person or entity other than you and Exon Media any rights, remedies or other benefits
under or by reason of these Terms; (viii) Exon Media’s failure to enforce any rights granted hereunder
or to take action against you in the event of any breach hereunder shall not be deemed a waiver by
Exon Media as to subsequent enforcement of rights or subsequent actions in the event of future
breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these
Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any
other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR
RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN
RESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-
mail to: office@exon-media.com
