TERMS AND CONDITIONS
Welcome to STADICOM, operated by Stadicom Ltd. (“STADICOM”, "Company", “our”, "we" or “us"). By accessing and using our App, website, information or any other online platform, including services and products available within ("Platforms") you approve that you have read, understand, and agree to the terms and conditions bound and contained herein, whether or not you are a registered user of STADICOM.
These Terms and Conditions govern your use of our Platforms and Services operated by STADICOM.
Please also read our Privacy Policy, available at our privacy policy that governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Platforms Which together with these terms and conditions shall be referred to as, the “Terms”.
When we use the Term "Users", "You" or "Your" in these Terms we refer to the people who use our Platforms and Services to consume information or use the services offered on our Platform, all referred to in these Terms.
BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THESE TERMS, YOU MAY NOT USE OUR SERVICES OR ACCESS OUR PLATFORMS.
1. SERVICES
STADICOM is a smart system that provides access to a 5G infrastructure and local cloud that supports a plethora of exiting new and upgraded applications, "Live" services and relevant content. Through the Platform, STADICOM will grant You access to use various services and products provided through the Platform ("Services").
2. CHANGES TO SERVICES
STADICOM reserve the right to withdraw or amend our Services, and any service or material we provide via Service, in our sole discretion without notice. STADICOM will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to Users, including registered Users.
3. ACCOUNT
In order to use our Services, you will need to register for an account with us. When you create an account with us, you guarantee that you are above the age of 18 and in case you are registering to the Services on behalf of a corporation or other legal entity you have full corporate power to obligate such entity, and that the information you provide us is accurate, complete, and current at all times. You may also create an account by using the "Sign up" button to sign up with your Apple, Facebook or Google account.
You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account.
All Services provided by STADICOM may be used for lawful purposes only. Note that, transmission, storage or presentation of any information, data or material in violation of any law is strictly prohibited.
Notwithstanding anything to the contrary in these Terms, STADICOM may temporarily suspend your access to any portion or all of the Services or terminate your account or right of accesses to the Services if: (i) STADICOM reasonably determines that (A) there is a threat or attack on any of our Platforms or IT infrastructure; (B) you are using our Platforms or Service for fraudulent or illegal activities or not in accordance with our Terms and Policies; or (C) STADICOM's provision of the Services to You; (ii) any vendor of STADICOM has suspended or terminated STADICOM's access to or use of any third-party services or products required to enable you to access the Services.
STADICOM will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension.
STADICOM reserves the right to publicly acknowledge or disclose which companies/entities have created an account on the Platforms for the purposes of marketing or sales materials.
4. LICENSE GRANT
Subject to the terms of these Terms, STADICOM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely as presented on provided by STADICOM and under this Term and supplier's respective terms.
You acknowledge and agree that the Platform and Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform and Services under these Terms, or any other rights thereto other than to use the Platform and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms. STADICOM reserves and shall retain its entire right, title, and interest in and to the Platform and Services , including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
5. LICENSE RESTRICTIONS AND ACCEPTABLE USE POLICY
You shall not:
· Copy the Platform and/ or the Services or any part thereof, except as expressly permitted by these Terms;
· Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
· Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
· Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
· Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Services, or any features or functionality of the Platform or Services, to any third party for any reason, including remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform or Services.
You represent, warrant and agree that you will at all times comply with all applicable local, and international and other laws, rules and regulations and you will at all times comply with any applicable policies posted on the Platform.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Platform or its content or our Services:
· In any way that causes, or may cause, damage to our Platform or impairment of the availability or accessibility of our Platform;
· In any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
· To copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
· To collect or track the personal information of others or to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, spamming, phishing, pharming, pretext, spidering, or crawling) on or in relation to our Platform;
· To infringe upon or violate our intellectual property rights or the intellectual property rights of others, including without limitation, other users of our Platform products details like brand, Price lists, description and images;
· To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
· To submit false or misleading information;
· For any obscene or immoral purpose;
Notwithstanding anything to the contrary in these Terms, STADICOM reserves the right to terminate your use of the Platform for fraudulent or illegal activities or for violating any of the prohibited uses.
6. UPDATES
STADICOM may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates") to the Platform. Updates may also modify or delete in their entirety certain Platform features and functionality. You agree that STADICOM has no obligation to provide any Platform Updates or to continue to provide or enable any Platform particular features or functionality. You agree that all Updates will be deemed part of the Services and be subject to these Terms.
7. THIRD-PARTY SERVICES
The Platforms and Services display, include, or make available third-party content, including data, information, applications, and other services or provide links to third-party websites or services, including through third-party advertising ("Third-Party Services"). You acknowledge and agree that STADICOM is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. STADICOM does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
All products offered through the Platform are provided by a Third-Party Services suppliers STADICOM presents only the products and information provided by the third-party. The details of the products and services offered by Third-Party Services suppliers may contain errors and/or omissions. STADICOM will not under any circumstances guarantee any Third-Party Services on our Platform, does not assume and will not be responsible or liable to you for any damage caused using Third-Party Services through our Platform or Services.
8. INTELLECTUAL PROPERTY RIGHTS
Our Platforms and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, UX, UI and “look and feel” selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Israel copyright, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Platforms of the material published thereon.
These Terms do not grant you a right to STADICOM's intellectual property, but only a right for personal or internal businesses use, limited and revocable in accordance with these Terms, and any right that has not been expressly granted to you in accordance with these Terms is reserved by STADICOM and its licensors. For the avoidance of doubt, no provision of the Terms constitutes a waiver of the STADICOM 's intellectual property under any law.
STADICOM does not claim ownership of the information you share with us through the account,
but will be entitled to take any action necessary with regard to such content and information in order to provide the Services, including copying for backup, caching, and transfer to service providers and all other action that will be necessary at the sole discretion of STADICOM.
In legal language, by using the Platforms, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, sell, adapt, modify, publish, transmit, display such content and information for the purpose of providing you with the Services.
9. CONFIDENTIALITY
We understand that You (in this Section, the “Disclosing Party”) has disclosed or may disclose personal or financial information relating to the Disclosing Party’s (the “Proprietary Information”). Proprietary Information includes non-public data provided by You to STADICOM to enable the provision of the Services. STADICOM agree to take reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after two (2) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
10. TERMINATION
These Terms shall apply to you until terminated by you or STADICOM as set forth in this Section 10:
· You may terminate these Terms by canceling your Account.
· STADICOM may terminate these Terms at any time at its sole discretion.
· These Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions in these terms.
Upon termination:
· All rights granted to you under these Terms will also terminate; and
· You must cease all use of the Services and delete your account.
· Termination will not limit any of Company's rights or remedies at law or in equity.
11. DISCLAIMER OF WARRANTIES
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL STADICOM OR ITS SUPPLIERS BE LIABLE TO YOU (OR ANY PERSON CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, OR (IV) LOST OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF STADICOM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SUBJECT TO AFORESAID ABOVE, THE TOTAL LIABILITY OF STADICOM OR ITS SUPPLIERS, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, THE LOWER OF, IN THE AGGREGATE, THE FEES PAID TO STADICOM HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT SUCH CLAIM IS FIRST ASSERTED OR UP TO A TOTAL AMOUNT OF $1,000, WHICHEVER IS THE LEAST. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. INDEMNIFICATION
You agree to indemnify, defend and hold STADICOM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time at this page.
STADICOM reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Platforms. Your continued use of or access to our platforms or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
15. GENERAL
· Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
· Governing Law. These Terms is governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Israel. Any legal suit, action, or proceeding arising out of, or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the courts located in Tel Aviv, Israel and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
· No Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
· Entire Agreement. These Terms and any policies or operating rules posted by us on the Platforms or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
16. CONTACT INFORMATION
Questions about these Terms should be sent to us at info@STADICOM.com.