If you are an employee, customer, supplier, student or consultant of an organization which is a client of DiffDoof ("Organization"), then you may download Clear Mash's software (the "Software") via the Site. The use the Software is subject to the terms of the End User License Agreement (the "EULA") EULA, which is incorporated into these Terms. Using the Software and Site as a member of an Organization, this Site will be available for the Organization's internal use only, which may be further governed by internal policies provided by such Organization. Any internal policy is complementary to these Terms and abiding by such policies does not relieve you from abiding by these Terms. If you wish to review the internal policy that is relevant to your use of the Site, please consult the relevant officer of the Organization.
These Terms apply to the users of the Site and to any other party that may use or be affected, directly or indirectly by the Site or any service therein.
Description of the Services
The services in the Site are available online to registered users only.
By using the Site, you may collect online content, and create and add content – such as comments, notes, etc. - on top or in addition to the content that you collected (the "Content"). You may further organize the Content in libraries and files on your personal profile, manage the Content and share it with others. When exploring the Internet, you may write comments and notes on certain web pages that you have viewed; or, catalog certain web pages under key words (tags); etc. Each note, comment or other Content created during your surfing will be stored automatically together with the related URL of the webpage you viewed and had your note/comment on (namely, the formal content, containing a document, file, sketch, image, etc.). The Content stored during your surfing will be available to other registered users on the Site.
Using the Site, you may also tag each webpage under one or several tags to help you and other registered users to find this webpage and related Content easily. All tags created on the Site, are arranged together alphabetically in a 'Tag Cloud' in which the tags' font size insinuates the amount of items classified under each tag. Each tag is used as a link to an items list attributed to this tag (e.g. the tags 'Restaurants' and 'Snack bars' in the Tag Cloud insinuate that there are more items categorized under the tag 'Snack bars' than under the tag 'Restaurants'). This way you may easily find popular tags and Content classified under each tag, as posted by you and other users on the Site.
You may also conduct searches on the Site for certain tag, comment or other Content (collectively, the "Services").
All the Content you collect, create and store by using the Services will be disclosed automatically to other users of the Site. You must assure that such Content is lawful and complying with these Terms or other internal policies provided by of the organization that you belong. You are fully accountable for any consequences resulting from posting any Content on the Site by using the Services.
Acceptable use of the Site
You may use the Site for personal purposes only. You agree not to use the Site and any Services therein for any other purpose than the purposes indicated herein. While using the Site you agree to refrain from willfully, or carelessly -
(1) breaching the Terms and/or any internal policy provided by the organization that you belong or any other applicable rules and instructions that We may convey with respect to the use of the Services;
(2) interfering with or disrupting the functionality of the Services;
(3) Using robots, crawlers and similar applications to collect and compile Content from the Site;
(4) Displaying the Site or any part thereof in an exposed or concealed frame;
(5) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
(6) Linking to certain elements on the Site independently from the web pages on which they originally appear;
(7) Collecting, processing or publishing personal information of the Site's users without their explicit consent.
Use of the Services in violation of these Terms will result in the termination of your account on the Site and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized use of the Services, or any part thereof, by others.
In order to use the Services on the Site, you must register with the Site.
When you register with the Site We will ask you to provide personal details such as your name, date of birth, e-mail address and password. You may also provide us with your gender, marital status, address, etc. You must submit only true, accurate and complete details. False or incorrect details may prevent your registration and impair our ability to provide you with the Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will be unable to register with the Site.
By submitting the registration form, you represent and warrant that the details you provide adhere to these Terms.
You can update your details from time to time by entering your personal profile on the Site and make the necessary changes. You may add to your profile further details like additional email addresses, IM (Instant Message) user name, telephone numbers, year of high-school/university graduation, workplaces in the past and your personal image. You may edit those details or delete them from your profile at any time.
To login, you must use your personal user name and password, which you selected in the course of registration. We may establish and require from time to time additional or different means of identification for logging in and accessing certain services.
Please maintain your user name and password in absolute confidentiality and refrain form disclosing them to others. Make sure you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details during the registration process, and for any use (or misuse) of your account on the Site as a result of conveying your details to someone else.
Unless you are using this Site as a member of an Organization, you may terminate your subscription at any time, by sending a written notification through e-mail to: support@DiffDoof.com. We may require you to verify the termination notice by a returning e-mail message as a prerequisite to termination of the subscription. Your account on the Site shall terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.
We may deny, or cancel any individual subscription, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your subscription by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately, in which case you are entitled to a refund for excess subscription fees paid (if any), less any debt you owe Us.
Your Content on the Site
While using the Services you may collect and create Content on the Site and save it into your profile (for convenience purposes we will name all of these actions as "Post" or "Posting"). Your Content will be open to other users of the Site. If you are using this Site as a member of an Organization, then Posting your Content on the Site is subject to internal policies of such Organization and this chapter does not apply to you.
By uploading Content on the Site, you must comply with these Terms. You are fully accountable for any consequences resulting from Posting the Content on the Site. You must ensure that such Content and its use on the Site are lawful. Among other things, you must not Post any Content on the Site which may reasonably deemed to be –
(1) Infringing or violating intellectual rights of other parties, including copyrights and trademarks;
(2) Identifying minors, their personal details or their address and ways to contact them;
(3) Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications;
(4) Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration;
(5) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
(6) Constituting defamation of a person or violating a person's privacy;
(7) Commercial content, including advertisements, sponsorships, endorsements and public relations material, unless you received Our prior written consent, and subject to the terms of Our consent;
(8) Information the posting of which is prohibited by any applicable law, including court restraining orders;
(9) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
We encourage free speech and open discussion on the Site. However, We may review Posted Content and delete it for any reason that we may consider, in our sole discretion, to be justified, including, without limitation, preventing misuse of Our Services, or when We deem the Content is to be in breach of these Terms, whether as result of a person's complaint, or of Our own initiative. Under no circumstances will any of the above be construed as an obligation on DiffDoof's part to review, or monitor users' Content on the Site.
We may also delete Content after a certain period of time from initial Posting. Consequently, you might not find Content that you or any other user previously Posted on the Site.
We encourage you to treat content posted on the Internet, including the Content Posted by others on the Site, with caution and discretion. Such content is not posted on Our behalf and We are not responsible for its credibility, authenticity, accuracy or integrity. Bear in mind that such content does not supersede consultation with appropriate professionals, whenever required.
Links to Other Sites
The Site may contain links to content published on other Internet sites. We do not operate, or monitor these websites. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, reliability, validity, or legality.
Using the Software
To use the Software, you must download and install the Software, and agree to be bound by the terms and conditions of the Software's End User License Agreement ("EULA"). Click EULA to read the current version of the EULA.
All rights, title and interest in and to the Site and the Services, including the Software, except for users Content Posted on the Site, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are and will continue to be owned, or licensed to DiffDoof. Nothing in these Terms constitutes a waiver of DiffDoof's intellectual property rights under any law.
You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works of any of the content and Services available on the Site, which are subject to intellectual property rights, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in these Terms.
You may not remove, erase, or distort any message or sign pertaining to ownership rights, such as – Copyright mark [©], Trademark [® or ™], logo or other intellectual property notice, accompanying the content and/or Services you are using on the Site.
We do not claim ownership over Content that you Post on the Site. However, when you do so, you represent and warrant that you are the rightful owner of all rights in that Content, or that you are licensed by the rights owners to Post such content on the Site.
By submitting Content for Posting on the Site, you grant us a free, worldwide, non-exclusive license, for an unlimited period of time to copy, distribute, display publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works on the Site, and in other communication and information networks, platforms, applications and services, as well as in printed publications and as part of physical products.
Changes and Availability
We may from time to time change the Site's layout, design or display, as well as the scope and availability of the content and Services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that DiffDoof does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The Site's availability and functionality depend on various factors and elements, such as software, hardware and communication networks of DiffDoof and, its contractors and suppliers. DiffDoof does not warrant or guarantee that the Site will operate without disruption, or interruption, or that it will be immune from unauthorized access or error free.
Termination of the Site's operation
We may at all times, in our sole discretion, discontinue the operation of the Site, or any part thereof, temporarily or permanently. We may not give any notice prior to such discontinuance. At any time, we may block, remove or delete any content from the Site, without maintaining any backup copy.
Changes to these Terms
We may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect after an initial notification was posted on the Site's homepage or after any other relevant web pages on the Site, was posted.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Site and the Services therein will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Site.
We advise you to periodically read the Terms, as they may change from time to time.
DISCLAIMER OF WARRANTY
THE SITE AND THE SERVICES THEREIN ARE PROVIDED FOR USE \"AS IS\". DIFFDOOF DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICES THEREIN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. DIFFDOOF DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE AND THE SERVICES THEREIN IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
DIFFDOOF, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SITE OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SITE OR THE SERVICES THEREIN, OR FROM ANY FAULT, OR ERROR MADE BY DIFFDOOF'S STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE SITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS.
You agree to indemnify, defend and hold harmless DiffDoof, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Site, or your breach of these Terms, or any other rules or regulations applicable to the Site, or your violation, or infringement of other persons rights.
Governing Law and Jurisdiction
These Terms and your use of the Site and the Services therein will be governed by and construed in accordance with the laws of the state of Israel, without giving effect to any choice of law or conflict of law rules or provisions, whether of the State of Israel or any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The United Nations Convention on Contracts for the International Sale of Goods shall not govern this Terms.
These Terms constitute the entire agreement between you and DiffDoof with respect to the use of the Site and supersede any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless consented to explicitly and executed in writing by an authorized representative of DiffDoof.
Failure on the part of DiffDoof to demand performance of any provision in these Terms will not constitute a waiver of any of DiffDoof's rights under these Terms.
You may not assign your rights under these Terms to any third party without Clear Mash's prior written consent.
The section headings in these Terms are included for convenience only and shall take no part in the interpretation, or construing of these Terms.
If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court, than the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full effect and force.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability, indemnification and Governing Law and Jurisdiction Sections, will survive the termination, or expiration of these Terms.
Contacts in any matter, such as comments, requests and other messages should be referred to Our customer service representative at: support@DiffDoof.com or to the relevant officer of the Organization that you belong, at yaron: support@DiffDoof.com.