Terms of Use

1. Preamble

These terms of service (“Terms”) listed below constitute the entire agreement between you and Lynxight Ltd., (“Lynxight” or “us”, “our”, “we”), in relation to and governing your access and use of our Website, (“the Website“). 

By using the Website, you signify that you have read, understood, and unconditionally consent to both these Terms and our Data Protection and Privacy Policy, which is available on the website. If you do not agree to any of these Terms, please do not browse or send us any personal information through the Website. 

By making use of the Website or contacting us through the Website you hereby declare and confirm: 

• That you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms of Use and/or to abide by all of the terms and conditions set forth herein.
• you have read, understood, and agreed to these Terms and our Privacy Protection Policy. 

Lynxight reserves the right to change, modify or update the Terms and the content of the Website at any time without prior notice, including updates that modify or remove previously available functionality. 

Lynxight will publish a notification on the main page of the Website following such changes in our Data Protection and Privacy Policy or these Terms of Use in order to notify you thereon and where applicable reacquire your consent.

2. Restrictions. You agree to make use and interact with the Website only as permitted under these Terms, and you know that you may only make private use of the Website and are prohibited from making commercial use of our Website, and/or that you may not make any illegal or prohibited use of our Website as prescribed under applicable law. 

To this end, you will not permit any third party to: 

• Impersonate another user or otherwise misrepresent yourself in any manner; 
• defame, abuse, stalk or threaten any person through your use of the Website; 
• circumvent, disable, or otherwise interfere with security-related features that prevent or restrict use or copying of any content; or 
• use any robot, spider, website search or retrieval application, or any other manual or automatic device or process to retrieve, index, search, or data-mine the Website;
• syncing and sharing a post from your social media accounts on Lynxight’s social media accounts which contains any images or content through our Website’s social gallery which is illegal, offensive, violent, sexual or which infringes upon the privacy of third-party individuals.

Furthermore, you may not, nor may you assist other parties to: 

• Copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or any content uploaded onto it; 
• reverse engineer, disassemble, or attempt to derive the source code of the Website or any software of code embedded in the Website.

3. Intellectual Property. Lynxight shall at all times solely own and maintain all right, title, and interest in: 

• The Website, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website; 
• all trade names, trademarks, and logos of Lynxight and the photos uploaded by Lynxight. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. 

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Lynxight or any third party. 

4. Indemnifications. You shall fully indemnify, defend, and hold harmless Lynxight against any and all claims, demands, damages, costs or expenses (including reasonable attorneys’ fees and court costs) which Lynxight may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever by you or third party, arising directly or indirectly out of: 

• Any breach of these Terms or anyone using your computer or mobile device;
• any claim, loss or damage experienced from your use or attempted use of the Website, including any message or content you transmit through the Website; 
• your violation of any law or regulation; and
• your infringement of any right of any third party.

5. Disclaimer. THE WEBSITE AND THE CONTENT UPLOADED THEREON ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY LYNXIGHT. LYNXIGHT EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LYNXIGHT FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND/OR (II) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE WEBSITE. THE USE OF THE WEBSITE, THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE WEBSITE, IS DONE AT YOUR OWN RISK AND WITH YOUR CONSENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

6. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE. 

NEITHER LYNXIGHT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LYNXIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LYNXIGHT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

7. Processing of Personal Information

8. Term and Termination

Unless set out otherwise by Lynxight, these Terms shall come into effect and commence on the date that you open the Website and/or register to receive newsletters and notifications and shall lapse on the earlier of:

• The date you stop using our Website;
• the date of your attempt to circumvent any technical protection measures used in connection with the Website; or
• the date of your use of the Website is in breach of these Terms or any applicable law or regulation.

Without limiting Lynxight’s statutory rights to terminate or Lynxight’s other rights and remedies, Lynxight is authorized to suspend your access to our Website without incurring any liability for compensation in the event and promptly upon termination, you must cease all use of the Website.

Lynxight may retain copies of contents you provided to it as part of your use of the Website, where it has an overriding legal interest which requires it to preserve such copies, for example for the purpose of legal disputes or in order to comply with any order or writ issued by a competent court or governmental authority. 

Any reservation of your personal information and details will be subject to our Data Protection and Privacy Policy. 

9. Privacy and Data Protection. 

During your use of our Website personal information will be collected and saved on Lynxight’s servers under the provisions of applicable privacy protection law, and inter alia also the Israeli Protection of Privacy Law, 5741-1981 (the “Privacy Law“). 

You hereby understand and agree that Lynxight will collect certain data from you when you browse or make use of our Website, including information that may personally identify you. 

Lynxight will use such data only in accordance with its Privacy Protection Policy, which is available on the Website.

10. Miscellaneous.

(a)  Notices and Correspondences. 

You hereby agree that should you provide us with contact information during your registration process, via a “Contact Us” form or through e-mail correspondence that by virtue of accepting these Terms and our Privacy Policy – that you hereby agree that Lynxight may contact you on the basis of such information by electronic means, including but not limited to email communications, SMS or text messages, via the information provided as mentioned above. 

Notices sent by electronic means shall be deemed received when they are sent and will be responded to as soon as reasonably possible according to the nature of the correspondence/notice. 

(b) Entire Agreement. 

These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. Lynxight may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under 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.

(c) Jurisdiction. 

These Terms shall be governed by the laws of Israel and any dispute, controversy or claim arising out of or relating to these Terms, will be referred solely to the competent courts of the District of Haifa, Israel.