Terms and Conditions
Thank you for visiting WhiteSmoke Inc.'s website (the “Site”). The Site makes available to you certain content for informational purposes. Please carefully read these terms and conditions (the “Terms”). By using our Site, you thereby agree to the Terms. If you do not agree to the Terms, you should exit our Site and not use or review any of the information that is posted on this Site.
Intellectual Property Rights. WhiteSmoke owns the copyright in the Site and its content, including its overall appearance, graphics design and underlying source files. You may download or copy material from our Site, only for your own personal, non-commercial use. Any other use is forbidden. Except as permitted above, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, frame or use for any public or commercial purpose the contents of this Site without the prior written permission of WhiteSmoke.
The entire contents of this Site, as well as any software available for download from this Site, are protected by copyright and/or other intellectual property rights. Use of the WhiteSmoke Software and related services is subject to the terms of the WhiteSmoke End User License Agreement. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials.
WhiteSmoke’s name and other WhiteSmoke product names and logos referenced in this Site are trademarks of WhiteSmoke or its affiliates. You may not separate from this Site, or copy or download separate from our Site, or otherwise use any of these trademarks or logos. Nothing contained in this Site should be construed as granting any license or right to use any of these trademarks or logos.
Use of Non-Personally Identifying Information. Subject to the provisions below in respect of personal identifying information, any communication or material that you transmit to WhiteSmoke through the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is, and will be treated as, non-confidential and non-proprietary information. Please do not transmit any confidential information to or through this Site. WhiteSmoke may use such communication or material for any purpose whatsoever including, without limitation, for disclosure, reproduction and publication. WhiteSmoke will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever.
Limitation of Liability; Disclaimers. WhiteSmoke has made and will continue to make all reasonable efforts to include accurate and up-to-date information on this Site. However, WhiteSmoke cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, WhiteSmoke cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. WhiteSmoke 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.
WhiteSmoke may alter or remove materials from this Site at any time. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WHITESMOKE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR SOFTWARE OR SERVICES OBTAINED THROUGH THIS SITE OR ANY INFORMATION POSTED ON THIS SITE. WHITESMOKE MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IN NO EVENT WILL WHITESMOKE, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR WHITESMOKE SOFTWARE OR SERVICES, ANY DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SITE, SOFTWARE OR SERVICES, EVEN IF WHITESMOKE WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER INDIRECT DAMAGES.
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 implied warranties.
You will indemnify and hold harmless WhiteSmoke, its affiliates, and any of their respective officers, directors, and employees, from and against any and all damages, judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with your use of this Site, software or services or breach of this Agreement.
Revision and Update of Terms. WhiteSmoke 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. Last update: 13-Apr-2011.
Governing Laws. The Terms are governed and interpreted pursuant to the laws of the State of Israel, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site.
How to Contact Us. If you have any questions or concerns about the Terms for this Site you may contact us at email@example.com