WELCOME TO MIXER’S WEBSITE!
These terms and conditions (“Terms and Conditions”) constitute a legally binding agreement between you, the user that will be utilizing MIXER’s Website (referenced below as “You” or “User(s)”), and TLV Lounge Ltd., a company duly incorporated under the laws of the state of Israel, its subsidiaries and affiliates (“MIXER” or “We”), with respect to the use of the MIXER’s website (the “Website”).
MIXER’s Website is a Software-as-a-Service offering (the “Service”) that provides the User(s) with an online platform for coordination and reservation of MIXER facilities and services worldwide. The Website offers information regarding our products and services, in connection with the workspace We offer to You. In addition, We offer or may offer in the future, in our sole discretion, certain Users with access, through the Website, to our system for various purposes (the “Service”).
- As a condition to using some aspects of the Website or Service, Users may be required to register to the Website and create a user account. Your user account may give You access to the Website, any part thereof, including the Service, and other functions that MIXER may establish and maintain from time to time, at its sole discretion.
- As part of the registration process, You may be required to provide MIXER certain personal information (including, name, phone number, e-mail address, etc.) and select a password. You shall provide MIXER with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate to another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or (iii) use another User’s account without permission.
- MIXER reserves the right to refuse User’s registration or to block User’s access to the Website, at its sole discretion. The User is solely responsible for the activity that occurs on his/her/its account, and must keep his/her/its account credentials secured. The User must notify MIXER immediately of any breach of security or unauthorized use of his/her/its account. MIXER will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of MIXER or others due to such unauthorized use
- INTELLECTUAL PROPERTY AND LICENSE
- MIXER retains all right, title, and interest in and to the Website and Service (including all related intellectual property rights). Subject to these Terms and Conditions, MIXER hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service and the Website, provided that You will not alter or modify any part of the Service, other than as may be reasonably necessary to use the Service for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by MIXER with respect to the Website and Service, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
- All photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the “look and feel” of the Website, algorithms, source and object code, interface, GUI, and other features obtained from or through the Website and Service as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by MIXER or any third party on its behalf to the Website or Service, are the sole property of MIXER and/or their licensors (“MIXER’s Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of MIXER or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, MIXER’s Content or any part thereof.
- PROHIBITED USE
- You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the Website or Service in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right to privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (iii) is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (c) use any equipment, software or other item that contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (d) create a false identity or impersonate another person; (e) “stalk” or otherwise harass another or use any means that is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the Internet; or (f) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
- In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Website; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Website or any part thereof; (d) modify, reproduce, or create derivative works from the Website or any part thereof; (e) access the Website or MIXER’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (d) use the Website or Service in any manner that is illegal or not authorized by these Terms and Conditions.
- You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Website and Service on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the Website or Service by a third party we encourage You to notify us via e-mail (at: [email protected])
- If You send MIXER feedbacks or suggestions regarding the Website, You acknowledge that MIXER may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
- You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website, and for any fees charged by third parties in connection therewith, and MIXER shall have no responsibility or obligation in connection therewith.
- MIXER may (i) change, suspend or discontinue the Website (or any part thereof, including the Service) at any time, including the availability of any feature, content or database, without notice or liability; (ii) offer alternative and/or additional Website to certain Users, that may not be offered to other Users. You acknowledge that MIXER may charge a fee for the use of any website or service, provided that MIXER notifies You of any such fee before You incur it. In addition, MIXER may impose limits on certain features or restrict your access to the Website (or any part thereof, including the Service) without notice or liability.
- We welcome links to any page on our Website. You are free to establish a hypertext link to the Website so long as the link does not state or imply any connection or approval of your website, products and/or services by MIXER, and does not portray MIXER in a false or otherwise offensive manner. You may not link to our Website from a site that you do not own or have permission to use. In the event that you link to MIXER’s Website you represent that your site does not contain content that is unlawful, offensive or infringing third parties’ rights. However, we do not permit framing or inline linking.
MIXER may terminate or suspend your license, account and access to the Website (or any part thereof) immediately, without prior notice or liability, if You breach, or fail to comply with, any of the Terms and Conditions hereof. MIXER may also terminate a User’s access to the Service, if such User is determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to MIXER.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICE AND WEBSITE ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. MIXER DOES NOT WARRANT THAT THE USE OF THE SERVICE AND WEBISTE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. MIXER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE WEBSITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
IN NO EVENT SHALL MIXER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER MIXER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF MIXER AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE SERVICE OR WEBSITE EXCEED THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO MIXER FOR THE SERVICE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
- WITHOUT DEROGATING FROM THE FOREGOING, MIXER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OR WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR WEBSITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONSIN IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR WEBSITE.
Upon its first demand, You agree to defend, indemnify and hold MIXER, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, inability to use and/or activities in connection with the Website and/or Service and/or Content; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any User or third party rights, including without limitation privacy right, copyright or any other intellectual property rights of such User or third party; (iv) any user generated content, including without limitation, any feedbacks and/or suggestions of MIXER’s Service that You uploaded through the use of the Website; and (v) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Website. It is hereby clarified that this defense and indemnification obligation will survive these Terms and Conditions.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event You will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by You without first obtaining our prior express written approval.
- REPORTING of Intellectual Property Infringements
If You believe in good faith that any material or Content made available on or through the Website has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: [email protected])
- These Terms and Conditions and its performance shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the authorized courts of Tel Aviv – Jaffa district.
- MIXER reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, MIXER will post its updated Terms and Conditions on the Website. Your continued use of our Website and Service will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website or Service. If You do not cease using the Website or Service, You will be deemed to have accepted those modifications.
- MIXER may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
- These Terms and Conditions will also govern any future upgrades or updates or new releases provided by MIXER in connection with the Website and Service, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
- In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of MIXER to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by MIXER in writing.
- If You have any questions or queries about these Terms and Conditions or our Website or Service in general, please do not hesitate to contact us via e-mail at: [email protected].
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.