"the-giftologist.com" a Website owned by Rhizome Networks LTD - Service Terms of Use Agreement
This agreement is assigned to "the-giftologist.com" a website own by Rhizome Networks LTD. Read This Terms of Use Agreement Before accessing our websites or using our other services.
Effective Date: This Terms of Use Agreement was last updated on 10/13/2010.
This Terms of Use Agreement sets forth the standards of use of the Rhizome Networks LTD websites for Registered Members. By using the Rhizome Networks LTD's website (or any other mirror website), and/or its related on line services and/or client side software, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Rhizome Networks LTD's website (or any other mirror website). Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Rhizome Networks LTD is providing Member with website, peer-to-peer based virtual workplace and client side software for generating, operating, managing and trading with software and digital content on its virtual-workplace. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The websites and any other on line services provided by Rhizome Networks LTD on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Rhizome Networks LTD makes no representations or warranties of any kind, express or implied, regarding the use or the results of those services in terms of its correctness, accuracy, reliability, or otherwise. Rhizome Networks LTD shall have no liability for any interruptions in the use of this Website and/or its virtual-workplace and/or client-side software. Rhizome Networks LTD disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Comparision Service
Comparison service is a free service that uses mathematic equation to grade various products based upon the weight of different factors. It does not imply any recommendation for purchasing any of the compared products and it is not a replacement for the basic requirement for checking that product is suitable with customer needs prior to purchase.
Limitation of Liability
Rhizome Networks LTD SHALL NOT be liable for any damages whatsoever, and in particular Rhizome Networks LTD shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it or its virtual-workplace or its client-side software, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Rhizome Networks LTD has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Rhizome Networks LTD, its owners, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Members Account
All registered Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Rhizome Networks LTD of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Rhizome Networks LTD.
Modifications and Interruption to Service
Rhizome Networks LTD reserves the right to modify or discontinue the Service with or without notice to the Member. Rhizome Networks LTD shall not be liable to Member or any third party should Rhizome Networks LTD exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Rhizome Networks LTD does not guarantee continuous, uninterrupted or secure access to its website or its virtual-workplace or client-side software and operation of our services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our websites or our virtual-workplace or client-side software may include links to other sites and services on the Internet that are owned and operated by on line merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites or services. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites and services.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Rhizome Networks LTD makes every effort to ensure that the information on this website, virtual-workplace, client-side software and services is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website or client side software.
Rhizome Networks LTD makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Prices and availability of prodicts can change any moment. The information published is correct as of the day when report has been generated. Any price and availability information displayed on store website at the time of purchase will apply to the purchase of this product.
CERTAIN CONTENT THAT APPEARS ON THIS SITE, COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
Governing Jurisdiction of the Courts of Israel
Our website, virtual workplace and services are managed and operated from Israel. As such, we are subject to the laws of Israel, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website, virtual-workplace or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site and use our website or virtual workplace or services, you agree to do so subject to the internal laws of Israel.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Rhizome Networks LTD designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email: giladt@rhizome-networks.com
Main Office Address
Rhizome Networks LTD
Zichron Yakov 8
Petach Tikva 49728 Israel
Botnets
Rhizome Networks LTD retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames or environment-ids or peer-ids are used as command and control points for botnets, Rhizome Networks LTD reserves the right to direct the involved network entities to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Rhizome Networks LTD, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
