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Welcome to this Technima Web Site (the "Site").
Technima Ltd., together with its subsidiaries and affiliates
(collectively, "Technima") provide you access and use of this
Site (www.technima.com), our on-line data communication
services, and our wireless data services mobile site ,subject to
your compliance with the terms and conditions set forth below,
including all documents, policies and guidelines incorporated
herein (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY.
WHEN ACCESSING, browsing, using this Site or any of our on-line
and mobile data communications services, you agree to be bound
by the terms and conditions described herein and all documents,
policies and guidelines incorporated by reference. This
Agreement does not alter in any way the terms or conditions of
any other written or online agreement you may have or will have
with Technima. Technima reserves the right to change or modify
any of the terms and conditions contained in this Agreement or
any policy or guideline referenced herein at any time and in its
sole discretion. If the Agreement is changed, we will post the
new terms on the Site and change the version number accordingly.
Any changes or modifications will be effective upon posting of
the new Agreement on the Site as revised, and your access to and
use of the Site following the posting of such changes or
modifications will constitute your acceptance of the Agreement
as revised.
1. License and Site Access
Technima Ltd. grants you a limited license to access and make
personal, non-commercial use only of the Site. Any other
copying, redistribution, retransmission or publication of any
downloaded material is strictly prohibited without the express
written consent of Technima Ltd. or any third-party information
provider to the Site. Such grant does not include, without
limitation: (a) any resale or commercial use of the Site or
content therein; (b) the collection and use of any product or
service listings or descriptions; (c) making derivative uses of
the Site and its contents; or (d) use of any data mining,
robots, or similar data gathering and extraction methods. Except
as noted above, you are not conveyed any right or license by
implication, or otherwise in or under any patent, trademark,
copyright, or proprietary right of Technima LTd. or any third
party.
You may not use, frame or utilize framing techniques to enclose
any Technima Ltd. trademark, logo or other proprietary
information (including the images found at this Site, the
content of any text or the layout/design of any page or form
contained on a page) without Technima's express written consent.
Further, you may not use any meta tags or any other "hidden
text" utilizing a Technima Ltd. name, trademark, or product name
without Technimas' express written consent.
If you use any part of the Site that requires a user name or
password, then you are responsible for maintaining the
confidentiality of that user name and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account
or password. In the event the confidentiality of your account or
password are compromised in any manner, you should notify
Technima Ltd. immediately. Technima Ltd reserves the right to
take any and all action, as it deems necessary or reasonable, to
ensure the security of the Site and your account, including
without limitation terminating your account, changing your
password or requesting additional information to authorize
transactions on your account. Notwithstanding the above,
Technima Ltd may rely on the authority of anyone accessing your
account or using your password and in no event and under no
circumstances shall Technima Ltd be held liable to you for any
liabilities or damages resulting from or arising out of (i) any
action or inaction of Technima Ltd under this provision, (ii)
any compromise of the confidentiality of your account or
password and (iii) any unauthorized access to your account or
use of your password. Any unauthorized use of this Site will
terminate the permission or license granted herein and may
violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and
statutes. All violators will be prosecuted to the fullest extent
of the law.
2. Usage and Monitoring
You may use the Site only as intended by Technima Ltd While
Technima Ltd has no obligation to monitor the site and is not
responsible for the content of any messages, information or
files transmitted on the Site, Technima Ltd reserves the right
to delete, move, edit, refuse to post or take other appropriate
action with respect to such messages, information or files which
Technima Ltd in its sole discretion, deems objectionable or
otherwise in violation of these Terms and Conditions of Usage,
including denying access to the Site to anyone at anytime. All
persons are hereby notified that use of the Site constitutes
consent to such actions, monitoring and auditing.
3. Eligibility
You hereby certify to us that you are at least 13 years old. Use
of the Site by children under the age of 13 years is strictly
prohibited.
4. Trademarks and Service Marks
"Technima" "MadBuilder" and other Technima Ltd marks and logos,
and the Technima. products and services described in this Site,
are either trademarks, service marks or registered trademarks of
Technima ltd or its licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written
permission of Technima or its licensors. In addition, all page
headers, Technima custom graphics, button icons, and scripts are
either service marks, trademarks, and/or trade dress of Technima
Ltd, and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of Technima. Technima
trademarks, service marks and trade dress may not be used in any
manner that is likely to cause confusion among customers or in
any manner that disparages or discredits Technima. All other
trademarks, service marks, registered trademarks, product and
service names and company names or logos that appear on the Site
are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Technima.
5. Operating and Acceptable Use Policies
All access to and use of the services available on the Site,
including online data communication services, is governed by and
subject to the following operating and acceptable use policies.
Technima has the right, but not the obligation, to suspend or
terminate your access and use of the Site and related services
at any time, and block or remove any communications and
materials that Technima believes in its sole discretion may
violate applicable law, these operating and acceptable use
policies or a third party's rights. By using the Site, you agree
not to do any of the following:
Upload to, distribute or otherwise publish through this Site any
message, data, information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening, harmful, invasive of
privacy or publicity rights, abusive, inflammatory or otherwise
injurious to third parties;
Upload or transmit any Content that would constitute or
encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local,
state, national, or international law;
Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or
proprietary right of any party. Infringement may result from the
unauthorized copying and posting or distributing pictures,
logos, software, articles, music, or videos. By posting any
Content, you represent and warrant that you have the lawful
right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity or interfere with other
users of the Site. Unless you are participating in an area of
the Site that requires or allows anonymity, use your real name
in online communications;
Upload to, distribute or otherwise publish through this Site any
Content such as charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes,
advertising or solicitations for funds, political campaigning,
mass mailings, any form of unsolicited commercial email or
"spam," or offering or disseminating fraudulent goods, services,
schemes or promotions;
Without Technima's prior written permission, publish or upload
any unsolicited promotions, goods or services, commercial
solicitation or post or transmit any advertising, promotional
materials or any other solicitation of other users of the Site
for goods or services except in those areas (e.g., a classified
bulletin board) that are designated for such purpose;
Post or list articles which are off-topic according to the
description of the group or list or send unsolicited mass
emailings to 10 people or more if such e-mail could reasonably
be expected to provoke complaints from its recipients; and/or
Disseminating or hosting harmful content including without
limitation, viruses, Trojan horses, worms, time bombs, zombies,
cancelbots, or any other computer programming routines that may
damage, interfere with, surreptitiously intercept or expropriate
any system, program, data or personal information;
Technima takes no responsibility and assumes no liability for
any Content posted or uploaded by you or any third-party, or for
any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a
provider of the Site, Technima is only a forum and is not liable
for any statements, representations, or Content provided by its
users in any public forum or personal home page. It is not
Technimas' intent to discourage you from taking controversial
positions or expressing vigorously what may be unpopular views;
however, Technima reserves the right to take such action as it
deems appropriate in cases where the Site is used to disseminate
statements which are deeply and widely offensive and/or harmful.
Enforcement. Technima reserves the right but does not assume the
obligation to strictly enforce this Agreement including without
limitation by issuing warnings, suspension or termination of
service, and/or removal, screening or editing of posted Content,
self help and active investigation, litigation and prosecution
in any court or appropriate venue. Technima may access, use and
disclose transaction information and Content to comply with the
law (e.g., a lawful subpoena); enforce or apply our customer
agreements; to initiate, render, bill, and collect for services;
to protect our rights or property, or to protect users of those
services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, such services. INDIRECT OR
ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF
A Technima's CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS
AGREEMENT BY SUCH CUSTOMER.
Responsibility for Your Conduct. You shall remain solely liable
for the Content of any messages or other information you upload
or transmit to this Site. You agree to indemnify and hold
harmless Technima's from any claim, action, demand, loss, or
damages (including attorneys' fees) made or incurred by any
third-party arising out of or relating to your conduct, your
violation of this Agreement, or your violation of any rights of
a third-party.
6. Third Party Products and Services
Parties other than Technima Ltd. offer and provide products and
services on or through the Site. Except for Technima-branded
information, products or services that are specifically
identified as being supplied by Technima, Technima does not
operate, control or endorse any information, products or
services on the Site or accessible through the Site in any way.
Except for Technima-identified information, and Technima-branded
products or services, all information, products and services
offered through the Site or accessible through the Site on
Internet generally are offered by third parties that are not
affiliated with Technima. Technima is not responsible for
examining or evaluating, and Technima does not warrant the
offerings of, any of these businesses or individuals or the
content of their Web sites. Technima does not assume any
responsibility or liability for the actions, product, and
content of all these and any other third parties. You should
carefully review their privacy statements and other conditions
of use.
7. Product and Service Descriptions and Pricing
Mobliss and third parties offering information, products or
services on the Site attempt to be as accurate as possible.
However, Mobliss does not warrant that information, product and
service descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. Despite our efforts,
it is possible due to computer or other error or cause that a
product or service offered on the Site may be mispriced or
contain an inaccuracy in its description. In the event Mobliss
determines that a product or service is mispriced or contains an
inaccurate description, Mobliss reserves the right to take any
action it deems reasonable and necessary, in its sole
discretion, to rectify the error, including without limitation
canceling your order. You agree to notify Mobliss immediately if
you become aware of any pricing or descriptive errors or
inconsistencies with any products or services you order through
the Site and comply with any corrective action taken by Mobliss.
8. Communications with Technima Ltd.
Communications made through the Site's email and messaging
system shall in no way be deemed to constitute legal notice to
Technima or any of its officers, employees, agents or
representatives, with respect to any existing or potential claim
or cause of action against Technima or any of its agencies,
officers, employees, agents or representatives, where notice to
Technima is required by contract, or any federal, state or local
laws, rules or regulations.
9. Linking
Links to the Site. You are granted a limited, nonexclusive right
to create a hypertext link to the home page of the Site provided
such link does not portray Technima or any of its products and
services in a false, misleading, derogatory or otherwise
defamatory manner. You may not use an Technima logo or other
proprietary graphic or trademark of Technima Ltd. to link to
this Site without the express written permission of Technima.
This limited right may be revoked at any time.
Third-Party Links. Technima makes no claim or representation
regarding, and accepts no responsibility for, the quality,
content, nature or reliability of third-party Web sites or
services accessible by hyperlink from this Site, or third-party
Web sites linking to this Site. Such linked Web sites are not
under the control of Technima and Technima is not responsible
for the content of any such linked Web site or any link
contained in a linked Web site, or any review, changes or
updates to such Web sites. Technima is providing these links to
you only as a convenience, and the inclusion of any link does
not imply affiliation, endorsement, or adoption by Technima of
the Web site or any information contained therein. When leaving
the Technima Site, you should be aware that Technima's terms and
policies no longer govern, and, therefore, you should review the
applicable terms and policies, including privacy and data
gathering practices, of that Web site.
10. Submissions
You agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by
you in the form of e-mail or submissions to Technima, or
postings to or on the Site, are non-confidential (provided that
personal information provided on non-public areas of the Site is
subject to Technima' privacy policy and you grant Technima a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such materials throughout the world in any media now known or
hereafter developed with or without acknowledgment to you in
Technima' sole discretion and without compensation to you. You
also grant to Technima' the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no
recourse against Technima for any alleged or actual infringement
or misappropriation of any proprietary right in your submitted
materials and that the submission of any such materials to
Technima, including the posting of materials to any forum or
interactive area on the Site, irrevocably waives any and all
"moral rights" in such materials, including the rights of
paternity and integrity. You represent and warrant that you own
or otherwise control all of the rights to the material that you
post; that the material is accurate; that use of the material
you supply does not violate this Agreement and will not cause
injury to any person or entity; and that you will indemnify
Technima for all claims resulting from material you supply.
11. Disclaimers
Technima does not recommend use of its service during certain
activities, such as automobile driving, where there exists a
significant risk of accident. The user of Technima' service and
the Site agrees not to use Technima' service or games during
such activities and acknowledges that any such use would be a
violation of these Terms and Conditions of Usage and is at
user's sole risk and Technima will not be responsible for any
direct, incidental, consequential, special or punitive damages
resulting from such use.
"AS IS" AND "AS AVAILABLE" BASIS. THIS SITE AND THE MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT,
DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR
THROUGH THIS SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. TECHNIMA DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT,
SERVICES AND PRODUCTS ON THE SITE. TECHNIMA DOES NOT REPRESENT
OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY
SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF
INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TECHNIMA is
not responsible for typographical errors or omissions relating
to pricing, TEXT, OR photography. WHILE TECHNIMA ATTEMPTS TO
ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, TECHNIMA CANNOT
AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S)
WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS
(INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR
OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
Any reliance upon any advice, opinion, statement or other
information displayed or distributed through the Site is at your
sole risk. TECHNIMA reserves the right, in its sole discretion
and without notice, to correct any errors or omissions in any
portion of the Site or to deny access to the Site to anyone at
anytime. Neither TECHNIMA nor its affiliates shall have any
liability arising from your reliance upon the information
provided on the Site.
TECHNIMA reserves the right to change any and all content
contained on this Site at any time without notice. Reference to
any products, services, processes, or other information, by
trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship or
recommendation thereof by TECHNIMA.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all
opinions, advice, services, merchandise and other information
provided on or through the Site or on the Internet generally.
The Internet and wireless data services contains unedited
materials some of which are sexually explicit or may be
offensive to you. You access such materials at your risk.
TECHNIMA has no control over and accepts no responsibility
whatsoever for such materials.
Neither TECHNIMA nor any of its affiliates shall have any
liability to you for usage charges related to any device that
you use to access the Site or use TECHNIMA' services, including,
without limitation, usage charges for mobile telephones, Palm OS
devices, Windows CE devices, car navigation systems, pagers,
Smartphones and other devices, whether wireless, wireline,
requiring cradle synchronization or otherwise.
12. Indemnification
You agree to indemnify and hold TECHNIMA Inc. and its parent
companies, subsidiaries, affiliates, officers, directors and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Site, violation of these Terms
and Conditions of Usage, or the infringement by you, or any
other user of your member name, of any intellectual property or
other right of any person or entity.
13. Third Party Rights
The provisions of the paragraphs entitled Third-Party Products
and Services, Product and Service Descriptions and Pricing,
Disclaimers, Limitation of Liability, and Indemnification are
for the benefit of TECHNIMA and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Site. Each of these individuals or
entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
14. Applicable Law, Venue and Limitation of Actions
By accessing this Web Site, you have directed your system to a
computer located in the Country of Cyprus. You agree that
disputes arising out of or relating to the contents or use of
this Web Site are to be governed by the laws of the country of
Cyprus. You consent to the exclusive jurisdiction of courts
sitting in the Cyprus in all disputes arising out of or relating
to the contents or use of this Web Site. You agree that the
venue of any action brought against Technima's LTD in federal
court shall by in Cyprus only. You agree that all such disputes
shall be tried by the court and hereby waive any right to trial
by jury. You may not use or export the materials in this Web
Site in violation of Cyprus export laws and regulations.
If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute,
breach, default or misrepresentation in connection with any of
the provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to reasonable attorney's fees
and other costs incurred in that action or proceeding, in
addition to any other relief to which it or they may be
entitled.
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement
between TECHNIMA LTD, its affiliated or related entities, and
you, and supersede any prior agreements or understandings not
incorporated herein. In the event that any inconsistencies exist
between these Terms and any future published terms of use or
understanding, the last published Terms or terms of use or
understanding shall prevail.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, including without
limitation, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provisions
will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in full force and
effect.
This Agreement constitutes the entire Agreement between you and
TECHNIMA with respect to the use of this Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and
TECHNIMA with respect to this Web Site. A printed version of
this Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
The rights and obligations under this Agreement may not be
assigned, including by operation of law, without the expressed
written consent of TECHNIMA.
Failure or delay in exercising any right shall not act as a
waiver of any right, nor shall any single or partial exercise of
any right preclude any other or further exercise thereof. No
waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in
writing by the party marking the waiver. Remedies herein are
deemed as cumulative and nonexclusive of each other.
This Agreement shall be construed as though drafted by both
parties and shall not be construed against or in favour of any
party.
Captions and paragraph headings herein are for convenience only,
and shall not be used in construing this Agreement.
This Agreement shall not be effective until accepted by TECHNIMA as
evidenced by the registration submission acknowledgement.
Any rights not expressly granted herein are reserved.
15. Termination
Notwithstanding any of these terms and conditions, this
Agreement may be terminated by either party without notice at
any time for any reason; provided that you may no longer access
or use the Site after this Agreement has been terminated. The
provisions of the paragraphs entitled Copyright, Trademarks and
Service Marks, Third Party Content, Submissions, Export
Restrictions, Disclaimers, Limitation of Liability,
Indemnification, Third Party Rights, Applicable Law, Venue and
Limitation of Actions, Termination, Severability, Enforceability
and Admissibility and Miscellaneous shall survive any
termination of this Agreement.
16. Severability
If any provision of this Agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining
provisions.
17. Enforceability and Admissibility
This electronic document and any other electronic documents,
policies and guidelines incorporated herein will be: (a) deemed
for all purposes to be a "writing" or "in writing," and to
comply with all statutory, contractual, and other legal
requirements for a writing; (b) legally enforceable as a signed
writing as against the parties subject to the electronic
documents; and (c) deemed an "original" when printed from
electronic records established and maintained in the ordinary
course of business. Electronic documents introduced as evidence
in any judicial, arbitration, mediation or administrative
proceeding will, if established and maintained in the ordinary
course of business, be admissible to the same extent as business
records in written form that are similarly established and
maintained.
18. Miscellaneous
TECHNIMA's' failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. TECHNIMA LTD may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
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