Terms of Use

Last updated: August 2023

Preamble

These terms of use (“Terms”) listed below constitute the entire agreement between you and Domark Technologies LTD. (“Domark” or “us”, “our”, “we”), in relation to and govern 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, available at: Privacy Policy, which is an integral part of these Terms.

If you do not agree to any of these Terms, please do not browse or send us any personal information through the Website.

We do not collect personal information from any person that we know to be under the age of eighteen, and therefore by making use of the Website or contacting us through the Website you hereby declare, affirm, and confirm that you are at least 18 years old, that you have the right, authority, and capacity to enter these Terms and/or to abide by all of the terms and conditions set forth herein; and

Domark 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. Domark 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 to notify you thereon and where applicable reacquire your consent. Unless specific prior consent is required in relation to personal data or personally identifiable information as per our Data Protection and Privacy Policy (Privacy Policy), your continued engagement use of the Website shall constitute your Acquiescence and consent to be bound by the Terms.

2. 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 and non-commercial use of the Website and are prohibited from making any 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, and will not permit any third party to:

(a) impersonate another person or otherwise misrepresent yourself in any manner;

(b) defame, abuse, stalk or threaten any person through your use of the Website;

(c) circumvent, disable, or otherwise interfere with security-related features that prevent or restrict the use or copying of any content; or

(d) 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.

(e) syncing and sharing a post from your social media accounts on Domark’s social media accounts that contains any images or content through our Website’s social gallery that is illegal, offensive, violent, sexual, or that infringes upon the privacy of third-party individuals.

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

(a) 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;

(b) reverse-engineer, disassemble, or attempt to derive the source code of the Website or any software or code embedded in the Website, or

Finally, you shall not, nor permit any third party to: transmit, share, attach, or provide us with any information, data, content, or attachments that contain illegal, abusive, violent, defamatory, threatening, rude, discriminatory, pornographic, racist or content which infringes on the privacy or intellectual property rights of third parties when sending us notifications through any online forms and/or through any contact details available on the Website when directly corresponding or conversing with any employees or representatives of Domark.

3. Intellectual Property

Domark, its licensors, or its content providers shall at all times solely own and maintain all rights, title, and interest in and are protected by copyright, trademark, and other applicable laws, in regards to:

(a) the Website, all content therein (including, without limitation, text, design, graphics, logos, icons, images, audio clips, articles, pdf files, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website;

(b) all trade names, trademarks, and logos of Domark and the photos uploaded by Domark on the Website.

You are strictly prohibited from removing, altering, or concealing any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Website. All trademarks on the Website 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 Domark or any third party.

4. You shall fully indemnify, defend, and hold harmless Domark against any claims, demands, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) that Domark 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:

(a) any breach of these Terms by you or anyone using your computer or mobile device;

(b) 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;

(d) your infringement of any right of any third party.

5. The website and the content uploaded thereon are provided on an “as-is” and “as-available” basis without warranties of any kind by Domark expressly disclaims any warranties whether express or implied of merchantability, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, Domark 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 and/or (iii) free from technical inaccuracies or programing and typological errors and/or (iv) free from computer viruses or harmful components.

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.

Domark is not responsible if the information made available on this website is not accurate, complete, or current. the content and information should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

The material on this site is provided for general information only and is designed to enable you to learn more about the type of services that Domark offers to its clients. The content and information on our website do not, and are not intended to, constitute professional advice, nor are they intended as a source of advertising or solicitation towards you to acquire services from Domark.

Your use of any web property does not create or constitute a service provider-client relationship. You should not consider these materials to be an invitation for a service provider-client relationship, you should not rely on the information provided on any web property without first obtaining separate legal advice, and you should always seek the advice of competent legal counsel where required for your needs.

The web properties should not be viewed as an offer to perform any services that Domark provides. You are not to send Domark, through this website or the direct contact information of any of our representatives, any information until you have spoken or corresponded generally with any of the above and obtained authorization to send that information for that purpose.

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 Domark nor any other party involved in creating, producing, or delivering the website will be liable for any indirect, 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 Domark 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.

Additionally, we shall not be liable for negative repercussions to any party based on the use of or inability to use the web properties, including, but not limited to, lost goodwill or lost profits. Remedies under these terms are exclusive and are limited to those expressly provided for in these terms.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights, even though you may also have other rights which vary from one jurisdiction to another.

7. Processing of Personal Information

During your use of our Website, personal information will be collected and saved on Domark’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“) and other applicable data protection laws (i.e. Regulation (EU) 2016/679 “The General Data Protection Regulations”, the California Data Protection Act of 2023, etc.), and all following our Data Protection and Privacy Policy, available at: Privacy Policy.

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

By making use of our Website and choosing to register to receive Domark’s updates You hereby certify that the information you provide on the registration form is accurate and pertains only to you.

Domark reserves the right to deactivate or suspend your ability to access and/or make use of the Website for any reason, at its sole and absolute discretion.

If you elect to receive our newsletter and/or subscribe to receive any updates and/or marketing correspondences and communications from Domark, you may opt out at any time by unsubscribing via the designated link on the applicable notification previously received and/or through sending us a message at: Privacy@domark.co.il.

Please note that Domark may, at its sole discretion reject or deny your ability to make use of the Website or to contact us through the Website if We deem that such activities are associated with fraudulent activity, competitive activity, or for any other reason it is found, in good faith, as malicious or offending.

8. Restrictions Relating to Third-Party Linking on and to the Website

The Website or portion therein may contain (I) links to or linked content from third parties who have published them on the Website and/or (II) links to external websites, social media websites or applications, and/or other external applications which are not affiliated with, managed by or controlled by Domark, or anyone on its behalf (hereinafter: “Linked Sources”).

The information, images, and other content on such third-party linked, intellectual property rights on such Linked Sources belong to any such third parties and/or any licensors of such third parties, and the links on our Website to such Linked Sources are not any guarantee, sponsorship or declaration regarding any content, information or data contained therein, or any accuracy, veracity or updated status thereof, and Domark shall not be liable and you shall hold it harmless regarding any damages, losses or harm caused, directly or indirectly by usage or reliance on any such Linked Sources, which shall at all times be at the discretion and sole responsibility of users which engage therewith.

It is strictly prohibited to link to our Website from any website that contains any illegal, violent, discriminatory, defamatory, racist, pornographic, or any other objectionable content, including but not limited to those that infringe on the privacy, intellectual property, or goodwill or any third parties.

9. Term and Termination

Unless set out otherwise by Domark, 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:

(a) the date you stopped using our Website or requested to unsubscribe from our newsletter or from receiving marketing or promotional materials,

(b) the date of your attempt to circumvent any technical protection measures used in connection with the Website; or

Upon termination hereof, you must cease all use of the Website, and with such termination of your access or use not constitute a waiver of any rights or affect any other right or relief to which Domark may be entitled at law or in equity.

Without limiting Domark’s statutory rights to terminate or Domark’s other rights and remedies, Domark is further authorized to suspend your access to our Website, at any time without notice, without incurring any liability for compensation in the event and with such suspension of your access or use not constituting a waiver of any rights or affect any other right or relief to which Domark may be entitled at law or in equity.

Domark may retain copies of Personal Data you provided to it as part of your use of the Website, where it has an overriding legal interest that requires it to preserve such copies, for example, to fulfill legal obligations or to handle legal disputes or to comply with any order or writ issued by a competent court or governmental authority.

Any retention of your personal information and details will be performed as provided in our Data Protection and Privacy Policy (Privacy Policy).

Domark reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice.

10. 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 by accepting these Terms and our Data Protection and Privacy Policy - you hereby agree that Domark may contact you based on such information by electronic means, including but not limited to email communications, SMS or text messages, or by phone-calls 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 other previous agreements between the parties regarding the subject matter hereof.

(c) Assignment

Domark may assign its rights or obligations according to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void.

(d) Severability

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.

(e) 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.