The trademarks in the Website, are trademarks of the Company (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the intellectual property, the Website and the services, including the design of the Websites through which such use is performed, as well as any software, Website, computer code, graphics files, texts, and any other materials included in the Website (aside from third-party contents) are the exclusive property of the Company or of third parties, and shall remain their property at all times.
- The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:
1.1. A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
1.2. The “Website” of the Company in the address https://www.hortica.io.
Use of the Website
- You are hereby authorized to make use of the Website in accordance with the rules and guidelines set out below. The Website may not be used in any other manner without obtaining the express prior written consent of the Company.
In order to make use of the Website, you may be required to provide basic information about yourself such as your full name, e-mail address, address and telephone number. (the “Personal Data.”)
- The User is responsible for confirming that the Device they use to connect to the Website meets the minimum technical requirements allowing the User to access the Website and use it, and for confirming that their Device is compatible with the use of the Website.
- You are hereby authorized to use the Website solely for private and personal purposes, and you may not copy and use, or allow others to use, the Website in any way and for any purpose, whether commercial or otherwise, that is not for the purpose of personal and private use.
- No computer Website or other means may be operated or allowed to be operated, including software such as Robots, Crawlers and similar, for the purpose of automatically searching, scanning, copying or reconstructing content from the Website. This includes using such means to create a collection, reserve or database including contents from the Website.
- Contents from the Website may not be displayed in a frame, whether revealed or hidden.
- Contents from the Website may not be displayed in any manner – including using any software, Device, accessory or communication protocol – that alters the Website design or removes any contents from them, including, in particular, advertisements and commercial content.
- Do not link the Website to any website containing pornographic content, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity.
- Do not link content from the Website unless it is the homage of the Website (Hyperlink) and the linked page of the Website is linked as is (AS IS), so that it can be used and be view as it is on the Website. It is prohibited to link content from the Website, which is detached from the Website pages (Example: You cannot directly link to an image or graphic file on the Website). The Website address should be shown in the address bar on your browser (status bar). Do not change, distort or hide this address.
- The Company may instruct you to cancel any such Hyperlink upon its sole discretion. In this case, you will immediately delete the Hyperlink and you will have no claim, demand or claim on the Company in this matter.
- The Company shall not be liable for any damages resulting from any link to the content of the Website and any presentation or publication of such content in any other way. You are fully and exclusively responsible for any linking, displaying or posting of the content made by you and you undertake to indemnify the Company for any damage that may result.
- Embedding Videos (Embedding) – Do not embed videos from the Website without the prior written consent of the Company. The Company reserves the right not to allow videos to be embedded and / or to change the link to the video without having to notify you in advance and you will have no claim, claim and / or demand against the Company for making such changes and / or malfunctions as they occur. The Company may instruct you to cancel any such Embedding at its sole discretion – in this case you will immediately cancel the embedded link and you will have no claim, demand and / or claim against the Company in this matter. The Company will not be held liable for any damage caused by the Embedded link of videos from the Website. You are fully and exclusively responsible for any embedded link made by you, including the arranging of copyright and payment to the relevant copyright / executive associations in accordance with any law, and you undertake to indemnify the Company for any damage that may result from it.You hereby undertake not to perform the following actions (in whole or in part):
13.1. Impersonating any person or legal entity apart from the User of the Services.
13.2. Providing false, misleading, inaccurate or incorrect information when registering with or using the Website.
13.3. Uploading, sending or broadcasting any materials containing any kind of computer virus, or any other computer code intended to ruin, disrupt, or limit the use (including any other use, apart from fair and reasonable use of the Website) of any of the computers, servers, hardware or software used by the Company to provide the Services.
13.4. Distributing spam mail or any other mail using the servers through which the Services are operated.
13.5. Altering, processing, adapting, sublicensing, translating, selling, reverse-engineering, dismantling or reconstructing any of the parts of the code that comprise the Website, as well as any such actions in respect of the hardware or software used in the provision of the Services.
13.6. Any violation of the copyrights, trademarks or other intellectual property rights found in the Website or in the framework of the Services.
13.7. Transferring or receiving the Services or any part thereof, or displaying any part of the Website, in a frame within an internet page or other Website, or as a part of another internet page or Website (a mirror), or as a part of another service, without the express written permission of the Company.
13.8. Using Robots, Spiders, data search and recovery engines, or any other automated tools or manual tools intended to index, recover and locate data found in the Services or the Website, or such tools intended to expose the structure of the database and code contained in the Services or the Website.
13.9. To disrupt, in any other manner, or interrupt the Services or the Website, including by disrupting the activity of the server and the network of computers connected to the Services, the Website, or the network of computers connected thereto.
13.10. Uploading or sending, through the Services, any materials or messages that are illegal, immoral or offensive in any manner, or that are irrelevant.
13.12. Without derogating from the foregoing, the Company may remove or edit messages you upload to the Website, at its sole discretion (to the extent that uploading such messages is made possible in the framework of the Services provided through the Website).
13.13. You hereby undertake not to make any illegal use of the Services or the Device.
13.14. You hereby undertake not to may any use of the Website that could violate the copyrights or intellectual property rights of the Company, of companies that advertise their services through the Website, or of any other party.
13.16. The User undertakes not to store data displayed in the Website using various types of software, nor to distribute data displayed in the Website in public in a commercial manner or framework, or for any other purpose. The Website may not be presented in a different design or graphical interface other than those determined by the Company, other than subject to the prior written consent of the Company. The Website may not be displayed in a manner that derogates from the form of any contents contained therein.
13.17. No content contained in the Website may be removed or altered.
Property and Intellectual Property
- Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create a derivative of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation performed by the Company on contents input or provided by you to the Website.
- If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use.
- Trademarks and advertisements of parties advertising in the Website are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers.
- You hereby grant the Company irrevocable and unconditional permission to make use of your information that you provided the Company in the course of registering or in the course of browsing a website, or other information about you that was collected while you browsed the website, to create anonymousstatistical data, including generating Averaged Data, Aggregated Data, performance tests or Benchmarks; user preferences, comparisons, recommendations or other calculations, or creating derivative products based on the information provided by you or collected about you, whether combined with information received from third parties or otherwise (said actions and their products being jointly termed “Statistical Data”). Without derogating from the foregoing, it is clarified that the Statistical Data is the sole property of the Company, and that it owns all rights, including copyrights and intellectual property rights, in respect of the Statistical Information. The Company shall hold an unlimited right to use, update, alter, improve, sell, lease, create derivatives of or make any other use of the Statistical Data, without being required to give notice or bear any other duty or liability toward you. To avoid any doubt, you hereby assign all rights in the Statistical Data to the Company, and hereby waive any right in the Statistical Information or any claim in connection with the use thereof.
- The Company shall be entitled, at any time and without prior notice, to give notice of inaccurate or erroneous information you provided to it; to restrict your access to the Services; and to refuse to provide you with the Services in the event of the occurrence of one or more of the following:
19.2. It is unable to verify and/or to validate information you provided, or it discovers that any information the User provided in their registration as a User was false or erroneous;
19.3. It believes that your use of the Services represents a financial risk, fraud or a reasonable risk of same;
19.4. It believes that your activity may cause you, the Company or its community of customers financial loss or legal liability.
Liability and Risk
- While the Company attempts to ensure that all data contained in the Website is correct and accurate, the Website is not intended to serve as a source of authority or reference that may be relied upon. The User agrees that use of the Website is on an “As-Is” basis, and that the Website’s availability is “As-Available.”
- It is clarified that the Company’s systems, by virtue of being based on software, hardware and communications networks, are exposed to the risks inherent in systems of these kinds, including harmful software (viruses, trojan horses etc.), wiretapping, infiltration by hostile parties, identity theft and other online fraud. The Company invests efforts in protecting against these risks; however, it is not possible to completely allay these risks, and damages or losses may be incurred as a result of the realization of any of these risks, including the exposure or corruption of information provided to or displayed by the Website, including the corruption of instructions/requests; unauthorized account activity; corruption of the use of the Website or its response times, including the failure to perform, faulty performance or delayed performance of any instruction/request; unavailability of the systems or any of their Services; and so forth.
- The Company shall not be obligated or liable, directly or indirectly, to compensate for any damages incurred as a result of information published in the Website, from use or from the inability to use the Services, or from the options displayed by the Website, or in connection with any of these. The Company shall not bear liability toward the User for any business loss, consequential loss, indirect loss, loss of profits, proceeds, contracts, data, goodwill or any similar loss, and any liability that the Company does bear for such losses incurred shall be limited solely to losses that could have been reasonably foreseen.
- Without derogating from the provisions of this Agreement, the Company is exempted from liability for any damages, losses or expenses you may incur, directly or indirectly, as a result of one of the following events/factors:
24.1. Information on a website that was not published by the Company;
24.2. Corruption of data or instructions, or failure or delay in performance of instructions as a result of malfunctions or other disruptions in the lines of communication and/or electronic functionality or mechanical failure, whether on your part or between the Company and any third party through which instructions and data are transferred;
24.3. Faulty performance of any software or hardware in your possession, or any damage incurred to a Device as a result of use of the Website;
24.4. Loss of any data;
24.5. Your exposure and disclosure of information to any third party as a result of your use of the Services; or as a result of your provision of inaccurate information; or as a result of you giving your Device to a third party, including for the purpose of repairing your Device, and including in the event that such third party views information received from the Company on your Device or performs different actions in the framework of the Services; and you undertake to bear any damages, loss or expenses incurred to you or the Company in connection therewith.
- It is clarified that the foregoing does not derogate from your responsibility in respect of your Device, including in respect of its security. Furthermore, it is clarified that certain actions performed with the Device, such as “jailbreaking” it, are likely to harm the security of the Information and the Services, in addition to some such actions being illegal and forbidden.
Notices and Notifications
- Various notices and notifications from the Company, including advertisement mail, may be sent to you by e-mail, by direct post, through SMS messages. Through any other means of communication, to the address provided by you in the registration form for the Services, in the event that you approved receiving such notices and notifications.
- Use of the Services is subject solely to Israeli law. Unique jurisdiction over all disputes relating to the Website and/or the Services is exclusively awarded to the competent courts of Tel Aviv-Jaffa.