.תנאי שימוש בקצרה: הנך מאשר/ת לקבל עדכונים באמצעות דוא"ל/סמס/שיחה ואו חומר פרסומי, עלפי חוק ניתן לבקש לבטל את הרשמתך במאגר
1. User`s Acknowledgment and
Acceptance of Terms
Studio flamm ("Us" or "We") provides the Studio
flamm - Online printing solutions site and various related services
(collectively, the "site") to you, the user, subject to your
compliance with all the terms, conditions, and notices contained or referenced
herein (the "Terms of Use"), as well as any other written agreement
between us and you. In addition, when using particular services or materials on
this site, users shall be subject to any posted rules applicable to such
services or materials that may contain terms and conditions in addition to
those in these Terms of Use. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use.
These Terms of Use are effective as of 19/02/2005. We expressly reserve the
right to change these Terms of Use from time to time without notice to you. You
acknowledge and agree that it is your responsibility to review this site and
these Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and agreement to abide
and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include
our owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this site and/or its
contents.
2.
Description of Services
We make various services available on this site including, but not
limited to, Web 2 Print, On-line printing solutions, work-flow management,
on-line store front, and other like services. You are responsible for
providing, at your own expense, all equipment necessary to use the services,
including a computer, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either modify or discontinue the
site, including any of the sites features, at any time with or without notice
to you. We will not be liable to you or any third party should we exercise such
right. Any new features that augment or enhance the then-current services on
this site shall also be subject to these Terms of Use.
3.
Conduct on Site
Your use of the site is subject to all applicable laws and
regulations, and you are solely responsible for the substance of your
communications through the site. By posting information in or otherwise using
any communications service, chat room, message board, newsgroup, software
library, or other interactive service that may be available to you on or
through this site, you agree that you will not upload, share, post, or
otherwise distribute or facilitate distribution of any content "”
including text, communications, software, images, sounds, data, or other
information "” that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another"™s privacy, tortious, contains
explicit or graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature directed at
another individual or group of individuals), or otherwise violates our rules or
policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email
(also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the site. We generally do not
pre-screen, monitor, or edit the content posted by users of communications
services, chat rooms, message boards, newsgroups, software libraries, or other
interactive services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove any content
that, in our judgment, does not comply with these Terms of Use and any other
rules of user conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in removing such
content. You hereby consent to such removal and waive any claim against us
arising out of such removal of content. See "Use of Your Materials"
below for a description of the procedures to be followed in the event that any
party believes that content posted on this site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party.
In addition, you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server. Not all
areas of the site may be available to you or other authorized users of the
site. You shall not interfere with anyone else"™s use and enjoyment of the
site or other similar services. Users who violate systems or network security
may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your
membership, account, or other affiliation with our site without prior notice to
you for violating any of the above provisions. In addition, you acknowledge
that we will cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
4.
Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise
include references to information, documents, software, materials and/or
services provided by other parties. These sites may contain information or
material that some people may find inappropriate or offensive. These other
sites and parties are not under our control, and you acknowledge that we are
not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites, nor are we responsible for
errors or omissions in any references to other parties or their products and
services. The inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with, the site or
party by us, or any warranty of any kind, either express or implied.
5.
Intellectual Property Information
Copyright (c) 19/02/2005 Studio flamm All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video, graphics, music,
sounds, and other material and services that can be viewed by users on our
site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property
of Studio flamm and/or its Affiliates. You are only permitted to use the
content as expressly authorized by us or the specific content provider. Except
for a single copy made for personal use only, you may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any documents or information
from this site in any form or by any means without prior written permission
from us or the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that is available
on this site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the rights of
third parties. See "User"™s Materials" below for a description
of the procedures to be followed in the event that any party believes that
content posted on this site infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of Studio flamm
or its Affiliates: Web 2 Print, online printing solutions, Studio flamm. All custom
graphics, icons, logos and service names are registered trademarks, trademarks
or service marks of Studio flamm or its Affiliates. All other trademarks or
service marks are property of their respective owners. Nothing in these Terms
of Use grants you any right to use any trademark, service mark, logo, and/or
the name of Studio flamm or its Affiliates.
6.
Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that
you transmit to this site or to us, whether by electronic mail, post, or other
means, for any reason, will be treated as non-confidential and non-proprietary.
While you retain all rights in such communications or material, you grant us
and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide
right to copy, distribute, display, perform, publish, translate, adapt, modify,
and otherwise use such material for any purpose regardless of the form or
medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual property of others, and we ask you to do the same.
If you or any user of this site believes its copyright, trademark or other
property rights have been infringed by a posting on this site, you or the user
should send notification to our Designated Agent (as identified below) immediately.
To be effective, the notification must include:
1.
Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work
being infringed).
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content (email
address is preferred).
5. Include the following statement: "I have a good faith belief that use
of the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact:
Studio flamm Address: 4 fridland zvi st, Tel-Aviv, Israel 6935206 Phone:
(972)-3-6443470
You acknowledge and agree that upon receipt of a notice of a claim
of copyright infringement, we may immediately remove the identified materials
from our site without liability to you or any other party and that the claims
of the complaining party and the party that originally posted the materials
will be referred to the United States Copyright Office for adjudication as
provided in the Digital Millennium Copyright Act.
7.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT
ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF
DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH
YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments
of an information provider, site user, or other person or entity not connected
with us. We do not endorse, nor are we responsible for the accuracy or
reliability of, any opinion, advice, or statement made by anyone other than an
authorized Studio flamm spokesperson speaking in his/her official capacity.
Please refer to the specific editorial policies posted on various sections of
this site for further information, which policies are incorporated by reference
into these Terms of Use.
You understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree
that we have no control over third party networks you may access in the course
of the use of this site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS
IS" and that we assume no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES
OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
9.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us
and our Affiliates harmless from all liabilities, claims, and expenses,
including attorney"™s fees, that arise from your use or misuse of this
site. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
10.
Security and Password
You are solely responsible for maintaining the confidentiality of
your password and account and for any and all statements made and acts or
omissions that occur through the use of your password and account. Therefore,
you must take steps to ensure that others do not gain access to your password
and account. Our personnel will never ask you for your password. You may not
transfer or share your account with anyone, and we reserve the right to
immediately terminate your account if you do transfer or share your account.
11.
Participation in Promotions
From time to time, this site may include advertisements offered by
third parties. You may enter into correspondence with or participate in
promotions of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.
12.
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services
(collectively, "Communications") available to users of our site,
either directly or through a third-party provider. We make available separate
supplemental agreements characterizing the relationship between you and us
that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except
with the consent of the sender or the recipient, or in the narrowly-defined
situations provided under the Electronic Communications Privacy Act, or as
other required by law or by court or governmental order. Further information is
available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users
from mass unsolicited communications (also known as "spam") and/or
other types of electronic communications that we deem inconsistent with our
business purposes. However, such devices or techniques are not perfect, and we
will not be responsible for any legitimate communication that is blocked, or
for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum
permitted storage space, we may employ automated devices that delete or block
email messages that exceed the limit. We will not be responsible for such
deleted or blocked messages.
13.
International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or
information made in connection with this site is void where prohibited.
14.
Termination of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or without notice and for
any reason, including, without limitation, breach of these Terms of Use. Any
suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement
authorities.
Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you
acknowledge and agree that we may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or this site. We shall not be liable to you or any third
party for any claims or damages arising out of any termination or suspension or
any other actions taken by us in connection with such termination or
suspension.
15.
Governing Law
This site (excluding any linked sites) is controlled by us from
our offices within the United states of america, United States of America. It
can be accessed from all 50 states, as well as from other countries around the
world. As each of these places has laws that may differ from those of United
states of America, by accessing this site both of us agree that the statutes
and laws of the State of United states of America, without regard to the
conflicts of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available through this
site. Each of us agrees and hereby submits to the exclusive personal
jurisdiction and venue any court of competent jurisdiction within the State of
United states of America with respect to such matters.
16.
Notices
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Notices to us must be sent to the
attention of Customer Service at studio@flamm.co.il, if by email, or at Studio
flamm 2 4 Fridland zvi st, Tel-Aviv, Israel 6935206 if by conventional mail. We
may broadcast notices or messages through the site to inform you of changes to
the site or other matters of importance, and such broadcasts shall constitute
notice to you at the time of sending.
17.
Entire Agreement
These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter of this agreement and
supersedes all prior agreements and understandings of the parties with respect
to that subject matter. These Terms of Use may not be altered, supplemented, or
amended by the use of any other document(s). Any attempt to alter, supplement
or amend this document or to enter an order for products or services which are
subject to additional or altered terms and conditions shall be null and void,
unless otherwise agreed to in a written agreement signed by you and us. To the
extent that anything in or associated with this site is in conflict or
inconsistent with these Terms of Use, these Terms of Use shall take precedence.
18.
Miscellaneous
In any action to enforce these Terms of Use, the prevailing party
will be entitled to costs and attorneys"™ fees. Any cause of action
brought by you against us or our Affiliates must be instituted with one year
after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any
party, and any purported attempt to do so will be null and void. We may free
assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited
to, labor disturbance, war, fire, accident, adverse weather, inability to
secure transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to those which are
enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.
19.
Contact Information
Except as explicitly noted on this site, the services available
through this site are offered by Studio flamm located at 2 4 Fridland zvi st, Tel-Aviv,
Israel 6935206. Our telephone number is 972-3-6443470. If
you notice that any user is violating these Terms of Use, please contact us at Studio@flamm.co.il
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