Terms of Use

I. Acceptance of Terms

 

The following are the terms of use ("Terms") which governs the use of Patentech.co.il (the "Website"), including, without limitation, the use and availability to Intellectual Property ("IP") Owners who are interested in selling their IP and to those potential buyers who are interested in purchasing or licensing IP on the Website. 

 

Please read the rules contained in these Terms carefully.  Your use of the Website will constitute your agreement to comply with these Terms.  If you cannot agree with these rules, your only option is not to use and/or immediately discontinue use of this Website.  Kindly note that Patentech reserves the right to modify or revise these Terms from time to time, based upon its sole discretion.   Continued access of the Website by you will constitute your acceptance of any changes or revisions of the Terms.

 

For legal reasons, this Website or any affiliated services may not be used by persons under the age of 18. This same restriction applies to any users suspended or removed from Patentech or any affiliated services. Users are prohibited from transferring or profiting from the transfer of their Patentech account to another party. 

 

 

II. License to Use the Website

 

Patnetech hereby grants you a limited, revocable, non-exclusive license to access this Website for your use of sale, purchase and license rights to your IP.  All rights not granted to you are reserved by Patentech.  Except as expressly permitted by Patentech  this license does not include the following; inter alia, the license, sublicense, sell, resell, transfer, assignment, distribute or otherwise commercially exploit or make available any and al parts of this Website to any third parties in any way; collect, copy, duplicate and/or display any use or derivative use of this Website; reverse engineer, decompile, modify or create any derivative work of this Website; take any act, including acts of omission, to remove, obscure, interfere or tamper with this Website.  Use of this Website beyond the scope of the granted license shall automatically terminate the license. 

 

 

III. Website Content

 

You are aware that any and all postings, descriptions, text, files and any and all other materials that are on this Website (the "Content") in any and all forms of transmission or any links to the Website are the sole responsibility of the person who originated the Content.  As a user of this Website, you are solely responsible for the Content that you post on the Website. 

 

You acknowledge and agree that your rights to view Content provided by the Website is strictly limited to the terms of this Agreement and to any terms of those rights that you obtained in connection with any Content. Except as expressly permitted by such rights, you may not copy, reproduce, modify, publish, transmit, transfer, sell or in any way exploit any Content obtained through this Website.

 

You acknowledge that this Website does not screen or review Content to determine whether amongst other things, inter alia, it contains false, defamatory, offensive, indecent, or objectionable material or contains errors and/or omissions. Under no circumstances will Patentech be liable in any way for any User or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via this Website. This Website may also contain links to other Sites which are completely independent of Patentech.  Patentech makes no representations and warranties regarding to the accuracy, authenticity and completeness of the Content found on those links.   Patentech does not guarantee that any Content will be to your satisfaction.

 

You acknowledge that Patentech may from time to time establish various limits concerning the use of this Website.  You agree that Patentech has no responsibility or liability for the deletion or failure to store any and all types of postings on this Website.  Patentech reserves the right to modify or discontinue this Website based on it sole discretion at any time without any prior notice.  Furthermore, Patentech shall not be liable to you or any third parties for modifications or discontinuance of the Website.

 

IV. Ownership Rights

 

Each party retains any and all pre-existing right, title and interest in and to its website(s), trademarks, intellectual property, the Content, the services in the case of Patentech, and all components thereof. This Agreement shall not be construed in any manner as transferring any rights of ownership of or license to the foregoing, and/or to the features or information therein, except as expressly set out in this Agreement. All rights not expressly granted are reserved. Under no circumstances will this Agreement be construed as granting, by implication, estoppels or otherwise, a license to any intellectual or other property or components thereof other than as specifically granted in this Agreement. Patentech does not independently confirm that all Content is provided by a valid rights holder. In the event that Patentech becomes aware that Content has been provided by a person who is not a valid rights holder, Patentech may, at its discretion, disable and/or terminate the publication of such Content.

 

V. Privacy Policy

 

Your use of this Website may be monitored by Patentech.  We do not collect personal information such as names, addresses, e-mail addresses, or any other forms of personal information, unless you wish to create an account. In the event that you wish to create an account please note that we must obtain minimal contact information.  The resulting information may be used by Patentech for its internal business purposes or in accordance with any laws and regulations that may be applicable.  We may also collect site-usage data for the purposes of bug fixing and service improvement, as may be deemed necessary. We understand the confidentiality concerns that surround intellectual property. None of this information will be shared with outside companies.

 

VI. User Conduct

 You agree that the Website will not be used to:

A. Provide or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, offers to use competitive sites and/or commercial offers.  You may not repeat the same posting multiple times in a day or within a week.

B. Use obscene, indecent or offensive language or to provide to or post on or through this Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful violent or otherwise objectionable.  You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using this Website. 

C. Use any sexually explicit language or to provide to or post on through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit. 

D. Provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal national or international law or regulations.  You agree to use this Website only for lawful purposes and you further acknowledge that your failure to do so may subject you to civil and criminal liability. 

E. Falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of pseudonyms, misrepresentation of previous positions and qualifications, and the usage of false and misleading e-mail addresses and accounts.

F. Upload, post, or otherwise transmit in any and all other forms any Content which you do not have the right to disclose or make available under any law or contractual relationship. 

G. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributes to inducing or facilitating such infringement.

VII. Term and Termination

 

This agreement shall be in full force and effect from the moment you accepted the Terms of this Website. You acknowledge and agree that Patentech has the right to remove any Content from this Website and prevent your access to the Website, based upon its sole discretion, at any time, immediately and without notice for any reason, including, without limitation, inter alia, if it believes that you have egregiously and continually violated the Terms of this Website.   You also agree that Patentech shall not be responsible or liable to you or any third parties for the removal or termination of use of this Website.  Furthermore, you agree that in the event of such termination you will no longer attempt to use this Website.   

 

VIII. INDEMNIFICATION 

 

YOU AGREE TO INDEMNIFY AND HOLD PATENTECH AND ITS SUBSIDIARIES, SUCCESSORS, ASSIGNEES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CO-BRANDERS, OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM, DEMAND, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT OR ANY OTHER APPLICABLE PUBLISHED PATENTECH USAGE TERMS, CONDITIONS, POLICIES, OR REQUIREMENTS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

IX. DISCLAIMER

 

YOU AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.  THIS WEBSITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

PATENTECH AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILTY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT, OR ANY USER DATA. PATENTECH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMNETS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PATENTECH DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILTIY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICE. PATENTECH DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PATENTECH DISCLAIMS ANY RESPONSIBILITHY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

X. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PATENTECH OR ITS LICENSORS BE LIABLE TO ANYONE ON ACCOUNT OF USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR THE CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PATENTECH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, OR FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE, OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERIVCE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION SHALL TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL PATENTECH OR ITS LICENCORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, NON PERFORMANCE OF THIRD PARTIES OR GOVERNMENTAL ACTIONS.

 

XI. Jurisdiction

 

Patentech makes no representation that the materials on the Website are appropriate, available or legal in any particular location.  You choose to access the Website on your own initiative and are responsible for compliance with local laws, if and to the extent of which those local laws are applicable.

 

You agree that these Terms, for any and all purposes, shall be governed and construed in accordance to the laws of the State of Israel applicable to contracts to be wholly performed therein, and any action based on, relating to or alleging a breach of these Terms shall be exclusively brought to the competent courts of Tel Aviv- Jaffa, Israel.  Both parties agree to submit to the exclusive jurisdiction and venue of such courts.

 

XII. Confidentiality 

Each party agrees not to disclose the other party’s Confidential Information without their prior written consent. “Confidential Information” includes, without limitation: (a) all intellectual property, including, without limitation, all software, technology, programming, technical specifications, materials, guidelines and documentation relating to each party’s business; (b) any financial information including pricing, business information including planning, operations, marketing, products; and (c) any other information designated in writing as “Confidential” or an equivalent designation or that would otherwise be reasonably considered confidential or proprietary given its nature or the circumstances under which it was disclosed. It does not include information that: (a) is or has become publicly known through no improper action or inaction by the receiving party or any affiliate, agent, consultant or employee; (b) was in the possession of the receiving party or known by it without restriction prior to receipt from the other party; (c) was rightfully disclosed to the receiving party by a third party without restriction; or (d) was independently developed without use of any Confidential Information of the other party. The receiving party may make disclosures required by law or court order provided the receiving party uses reasonable efforts to limit disclosure and to obtain confidential treatment and has allowed the other party to participate in the proceeding.

XIII. Miscellaneous

 

Independence. You and Patentech are independent parties under these Terms and nothing shall be construed to create a partnership, joint venture or agency relationship between You and Patentech, and neither party has authority to enter into agreements of any kind on behalf of the other.

 Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under these Terms due to any cause beyond its reasonable control, then that party’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

Assignment. Patentech may assign performance of these Terms or any of its rights or delegate any of its duties under these Terms without Your prior consent to the extent that Patentech deems it necessary to provide the Services.

Waiver. The waiver of either party of a breach or a default of any provision of these Terms shall not be construed as a waiver of any succeeding breach of the same of any other provision.

 Severability. Each provision of these Terms shall be severable from every other provision of the Terms for the purpose of determining the legal enforceability of any specific provision.

 Survival. All conditions of these Terms which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns.

Headings. The headings and subheadings in these Terms are included for convenience only, and shall not limit or otherwise affect the conditions of these Terms.

XIV. Notices

All notices required to be given under these Terms must be given in writing and submitted by e-mail or by mail addressed to the following:

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If you have any questions or would like to report any violations of these Terms, please contact us via e-mail or to the address stated above.