Terms of Use - FILTR8

Welcome to FILTR8, an online service that provides supplementary educational content to enrich your learning experience (the "Service"). The Service is owned and operated by Smartifico Ltd. (the “Company”, "we", "our", or "us").

Please read carefully the following terms and conditions (the "Terms"), because they constitute a binding agreement between you, the individual or entity using the Service, and the Company. By accessing or using the Service in any manner, you signify your acceptance of these Terms.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

About the Service

The Service offers you collections of selected links to educational materials which originate from a variety of third party web sources, alongside brief excerpts therefrom (the “Content”). The Content has been specifically selected to enrich your learning experience during your use of certain electronic textbooks, guidebooks, web sites, reference texts and other online materials.

Third Party Materials

You acknowledge that all the Content (including all text, articles, images, audio, video and graphic design), is provided for informative purposes and general knowledge only.

You acknowledge that the Content, by its nature, contains links to information and materials provided by third party sources and may be inaccurate, incomplete, out-of-date, erroneous, not useful, not to your liking, offensive, not compatible with your requirements or desires, objectionable, annoying, improper, crude and etc.

We do not operate or control the websites that publish the Content. By linking to the Content and displaying brief excerpts therefrom, we do not endorse, recommend, sponsor or agree with the opinions expressed in, the Content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for the Content, its availability or your reliance thereupon.

You assume sole and exclusive responsibility and liability for viewing and using the Content. You will have no plea, claim, complaint, or demand whatsoever against us or the Publishers in connection with the Content.

We may, but are under no obligation to, monitor, screen or moderate the Content or any part thereof, in order to determine compliance with these Terms, our policies and any law, regulation or request of a competent authority. We, and others engaged with us, may, but are not obligated to, remove, edit or refrain from displaying certain Content, in whole or in part, for any other reason that we deem justified.

You will have no plea, claim, complaint or demand whatsoever against us, our affiliates, the Publishers, or any of their respective managers, directors, shareholders, employees, subcontractors, agents and anyone acting on their behalf, for removing, editing or refraining from displaying any Content or parts thereof, or for failure to do so.

Grant of right

Subject to the Terms, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicense-able right to use the Service in conjunction with Publications, strictly for your own private and personal educational purposes, at no charge.

Acceptable use and Restrictions

When using the Service, you agree to abide by any usage guidelines we may convey from time to time and by all applicable laws. You further agree that you are solely responsible for all acts and omissions associated with your access to and use of the Service.

YOU MAY NOT USE THE SERVICE OR THE CONTENT FOR ANY COMMERCIAL OR BUSINESS PURPOSE, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE, THE CONTENT OR ANY PART THEREOF.

You may not –

· Modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service software code;

· Interfere with, burden or disrupt the functionality of the Service;

· Circumvent, impair or manipulate the operation or functionality of the Service or collect, harvest, obtain or process information of or about other users of the Service;

· Work around or circumvent any technical limitations in the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

· Engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service;

· Violate or breach these Terms or any other applicable instructions or guidelines we convey to you;

· Impersonate any person or entity, or engage in any false, misleading or deceptive acts or practices pertaining to the Service or to your identity, agency or affiliation with any person or entity, including, but not limited to the Company;

· Display the Service, the Content or any part thereof in an exposed or concealed frame or link to elements on the Service, such as images, independently from the format on which we originally offer them.

· Link to the Service from web pages that contain pornographic material or material that encourages racism, wrongful discrimination, other wrongful or objectionable material or material that its publication is unlawful or encourages unlawful activity;

· Breach the security of the Service, or any network or server used by the Service, or identify any security vulnerabilities thereof;

· Use the Service for any activity that constitutes or encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or industry standard, including any applicable laws and regulations governing privacy, mass email, spam, export control, consumer protection, unfair competition and false advertising; or

· Use the service for or in connection with any activity that may be deemed, or encourage activity that may be deemed threatening, harassing, anti-competitive, misleading, deceptive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable.

In connection with your use of the Service, you may not upload, post, email, transmit or otherwise make available:

· Any information and materials that infringes third party’s right, especially intellectual property rights; or

· Software viruses, trojan horses, warms and any other malicious application to computers and networks.

You may not access the Service in order to develop or create a similar or competitive product or service.

Privacy

We respect your privacy. Our Privacy Policy describes our privacy practices regarding the Service.

Intellectual Property

We respect the intellectual property of others. Click here to read the Copyright Policy of the Service.

All rights, title and interest, including patents, copyrights, trademarks, trade secrets, work methods, processes, goodwill and other intellectual property rights, in and to the Service or any part thereof, including computer code, graphic design, layout and the user interfaces of the Service, and all derivatives, improvements and variations thereof, excluding the Content, are owned by, or licensed to the Company.

Other than what is expressly granted by these Terms, these Terms do not grant you any other rights to patents, copyrights, trademarks, trade secrets, domain names or any other rights, functions or licenses, with respect to, or in connection with, the Service.

You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, the Content or any part thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

Trademarks in the Service (whether registered or not), the name of the Company and its trademarks as well as the Service's domain name – are the sole property of the Company. It is forbidden to use them without the Company's prior express written consent.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks or logos. You must avoid any action or omission that may dilute, or tarnish our goodwill.

Changes and Availability

We may from time to time change the Service's structure, layout, design or display, as well as the scope and availability of the information and Content therein, without giving any notice. Changes of this character by their very nature may result in glitches or cause inconvenience of some kind. You will not have any plea, claim or demand whatsoever against us resulting from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction.

We reserve the right to amend these Terms, including by imposing a fee for using the Service. In such cases we will obtain your consent to such amendments, pursuant to the provisions of these Terms. If you do not agree to the amendments in their entirety, we reserve the right to terminate or block your use of the Service as specified in these Terms.

We will use reasonable efforts to operate the Service efficiently, and make it available at all times. However, as a service that relies on network, infrastructure, hardware, software and Content, managed and operated by third parties, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors or omissions, malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures and software communication failures. Such incidents will not be considered a breach of these Terms, and we shall be excused from the performance of our obligations under these Terms in those cases.

We may, at any time, block, remove or delete any Content from the Service, without maintaining any backup copy.

You acknowledge that we may suspend the provision of the Service, in whole, or in part, for periodic maintenance purposes.

Termination of the Service's operation

We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof, for all users or certain users only as well as block certain or all users from accessing and using the Service. We are not obligated to give any notice prior to such discontinuation or blocking.

Changes to the Terms

From time to time, we may change the Terms, upon reasonable prior notice that we will conspicuously post on the Service's website. We may change the Terms with no prior notice, if the change is necessary to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting or as required. Your continued use of the Service after the effective date of the amended terms, will signify your assent to the amended terms in their entirety. We advise you to periodically review the Service's website and the Terms, as they may change from time to time. If you do not agree to the amended Terms in their entirety, we reserve the right to terminate or block your use of the Service.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND THE CONTENT ARE PROVIDED FOR USE "AS IS" AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF QUALITY, ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR THEIR BEING UP-TO-DATE. USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK.

WE AND THE PUBLISHERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING ANY WARRANTY OF QUALITY, ACCURACY, RELIABILITY, MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE, UPDATED-NESS OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.

Disclaimer of Liability

WE AND THE PUBLISHERS, INCLUDING EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR OR THEIR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE; ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE; ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF; ANY ERROR, INCOMPLETENESS, INCORRECTNESS, IMPROPRIETY, OFFENSIVENESS, UNLAWFULNESS OR INACCURACY OF THE CONTENT; YOUR RELIANCE ON THE CONTENT; ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE; OR ANY BREACH OF OUR OBLIGATIONS UNDER THESE TERMS.

Indemnification

You agree to indemnify, defend and hold harmless us, our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand arising from, or in connection with, your use of the Service, your breach of these Terms or any unlawful or tortious action or inaction (including violation or infringement of any other person's rights) by you with respect to the Service.

Governing Law and Jurisdiction

These Terms, the Service, and any claim, cause of action or dispute arising out of or related thereto, will be governed exclusively by the laws of the State of Israel, regardless of your country of origin or where you access the Service from, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts and agree to accept service of process by any means permitted by the applicable law.

General

These Terms constitute the entire agreement between you the Company with respect to the subject matter herein and supersede any and all prior agreements, negotiations and understandings, whether written or oral. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto will be effective unless expressly effected in writing by our authorized representative. Neither party to these Terms will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of provisions of these Terms. A waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.

Assignment

You may not assign, transfer or delegate your rights or obligations under the Terms. Any purported assignment, transfer or delegation by you will be null and void. We may assign, transfer and delegate our rights and obligations under the Terms, to any third party, without notice to you and without obtaining your consent, provided that the third party to whom we assign or delegate our obligations, undertakes our obligations to you under the Terms. Contemporaneously with such assignment or delegation of our obligations, the Company is released from all its obligations to you under the Terms.

Interpretation

As used in these Terms, the term “including”, means including, but not limited to, and without limitation, to the generality of the preceding phrase. All examples in the Terms and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality. The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretational purposes.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision must be construed in a manner consistent with the applicable law to reflect, as nearly as possible, its original intention, and the remaining provisions of these Terms will remain in full force and effect.

Contact Us

You may contact us with any questions or comments about the Service, through the channels listed on our web site filtr8.com. We will make efforts to address your inquiry quickly.

Updated: December 30, 2015.