You are hereby granted permission to brows and access the Site in order to operate the services, products and solutions offered by the Site. This permission terminates automatically if you breach any of these Terms. The Site in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Nytro. If pursuant to an authorization from NYTRO you download software from the Site, the terms of the Company’s End User License Agreement shall apply.
You will not: (i) use the Site for any purposes other than to operate its services as offered by NYTRO; (ii) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Site; (iii) use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site; (v) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (vi) modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or (vii) intentionally interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Any violation of the above by You may result in civil or criminal liability. NYTRO may investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. NYTRO will also terminate the subscription of any user that NYTRO believes, in its sole judgment, to have violated its security provisions.
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of NYTRO and is protected by copyright laws. All content on the Site that is not the property of NYTRO is used with permission. The arrangement and compilation of all content on the Site is the exclusive property of NYTRO and is protected by copyright laws. All software used on the Site is the property of NYTRO or its software suppliers and is protected by copyright laws.
Certain marks used on the Site are registered trademarks or service marks of NYTRO, its artists or its suppliers, worldwide. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks or service marks of NYTRO or its affiliates. NYTRO trademarks and service marks may not be used for any commercial or other purposes by any party other than NYTRO or its affiliates without the prior written consent of NYTRO. All other trademarks and service marks not owned by NYTRO or its affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NYTRO.
Third Parties Sites
NYTRO may provide links to third-party websites and other resources. You acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by NYTRO of the content, advertising, or business practices of such third-party websites. These third-party websites may have different privacy policies and business practices than the Site.
Adding Data and Link Exchange To Your Website
NYTRO may add links and other data such as your keywords to your website pages. Such links and data is usually added as a footer to selected pages and is mostly aimed at improving your SEO ranking and optimization. Some links may refer to other websites within the Site users “Link Exchange” based on similar industry categorization. NYTRO may also add a link to the Site. You hereby acknowledge, and authorize NYTRO to add such links and data to your website pages.
Modification of the Site
NYTRO reserves the right, at its sole discretion, to modify or discontinue any portion of the Site or any services, on a temporary or permanent basis, with or without notice. You understand, acknowledge, and agree that NYTRO will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the products or services offered by the Site.
You agree not to submit, transmit, or otherwise make available in any manner, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Though NYTRO does not regularly review content you submit to the Site, NYTRO reserves the right to edit such content in any way and to refuse to process any orders including content that violates these Terms or that NYTRO finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate these Terms.
Users must complete a registration including listing a “user name” (email address) and a “password” (“Access Details”). You understand and acknowledge that you are responsible for maintaining the confidentiality of your Access Details. You will be fully responsible for any use of your Access Details, whether or not authorized by you. You further agree to immediately notify NYTRO of any known unauthorized use. We reserve the right, at our sole discretion, to terminate your subscription or registration at any time, and/or reject participation in any other activity or service provided to you by the Site. We also reserve the right to take such actions, with or without notice, and without any liability to the members, account holder, and user. The Site’s subscriber activities are to be accessed only by registered users of the Site, which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we will terminate your subscription immediately without notice.
You shall defend, indemnify, and hold harmless NYTRO including its employees, officers, directors, shareholders, affiliates, suppliers service providers and their respective officers, directors, employees, or others involved in creating or promoting this Site from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal fees, resulting from any content you submit, post to, or transmit through the Site, your use of the Site, your violation of these Terms, your violation of any rights of another, or otherwise arising out of your use of the Site in any manner.
NYTRO makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or its content, and makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and its content is at your own risk.
Disclaimer of Warranties and Limitations of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NYTRO, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS , PARENT COMPANY, CORPORATE AFFILIATES, OR SERVICE PROVIDERS, ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS) RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, ANY RELATED SERVICE OR PRODUCT, ANY OTHER WEBSITE, OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, WHETHER OR NOT THE COMPANY OR AN AUTHORIZED REPRESENTATIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND NYTRO, THE SITE, ITS CONTENT, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. NYTRO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NYTRO DOES NOT WARRANT THAT THE SITE, ITS SOFTWARE, OR THE FUNCTIONS CONTAINED IN ANY SERVICE OR PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND EXCEPT WITH RESPECT TO INDEMNIFICATION AS STATED IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT NYTRO’S MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND LOSSES ARISING FROM YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR ARISING FROM NYTRO’S PROVISION THEREOF SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY MATERIALS, SOFTWARE, PRODUCTS OR SERVICES WITHIN THE TWELVE MONTH PERIOD PRECEDING THE DATE NYTRO RECEIVES NOTICE OF SUCH CLAIMS.
CERTAIN PROVINCIAL AND/OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NYTRO reserves the right, at its sole discretion, to terminate your subscription or registration at any time or block access to the Site and/or any other service provided to you. NYTRO reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.
This Agreement is governed by the laws of the State of Delaware USA, without respect to its conflict of law’s provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the competent courts of Delaware. You agree to submit to the personal jurisdiction of the courts in the Israel for any cause of action arising out of this Agreement