Terms of Service
- Intellectual Property. All right, title and interest in and to the Site and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing shall at all times remain with Swimm or its licensors. Swimm grants no rights in or to the Site except as expressly set forth herein. Swimm does not request your feedback regarding the Site. Notwithstanding the foregoing, if you provide Swimm with feedback regarding the Site, Swimm shall not be subject to any non-disclosure or non-use obligations in respect of such feedback, and may use such feedback in any manner it deems appropriate, including for commercial purposes and as part of its products and Site
- Representations and Warranties. You represent and warrant that you will use the Site only in accordance with applicable law. .
- Disclaimer of Warranties. Swimm has made and will continue to make efforts to include accurate and up-to-date information on this Site. However, Swimm cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, Swimm cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. Swimm does not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. Swimm may alter or remove materials from this Site at any time. OTHER THAN AS SPECIFICALLY STATED HEREIN, SWIMM EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES IN RESPECT OF THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SWIMM DOES NOT MAKE ANY WARRANTY IN RESPECT OF ANY RESULTS TO BE OBTAINED AS A RESULT OF THE USE OF THE SITE. SWIMM DOES NOT GUARANTEE THE SITE WILL BE OPERABLE AT ALL TIMES OR DURING ANY DOWN TIME (1) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES, NETWORKS OR SERVERS, (2) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR LOCAL ACCESS SYSTEMS, OR (3) FOR PREVIOUSLY SCHEDULED MAINTENANCE.
- Indemnification. You shall defend, indemnify and hold harmless Swimm (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which Swimm may suffer or incur in connection with any claim, demand, action or other proceeding by any third party arising from or relating to any breach of your obligations, representations or warranties herein.
- Limitation of Liability. IN NO EVENT SHALL SWIMM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SITE OR ANY OTHER MATTERS CONTEMPLATED HEREIN OR (B) ANY AMOUNT EXCEEDING THE AGGREGATE PAYMENTS ACTUALLY RECEIVED FROM USER IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. IF NO PAYMENTS HAVE BEEN MADE, THE LIABILITY CAP SHALL BE US $100. YOU HAVE ALL RESPONSIBILITY FOR ANY DECISIONS MADE AS A RESULT OF ANY THE USE OF THE SITE. BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.
- Revision and Update of Terms. We may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site.
- Miscellaneous. These Terms and the exhibits thereto represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. A waiver of any default hereunder of any provision of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Swimm may assign its rights or obligations pursuant to these Terms. User may not assign any rights or obligations under these Terms; any attempted assignment other than as specifically stated above shall be null and void. If any part of these Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of Israel, and the competent courts in the city of Tel-Aviv/Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder.