Pnyxe Ltd (hereinafter: "Pnyxe") is a private company
which operates, among other things, several services for surfers
including this mechanism of expression and the bema.pnyxe.shadow.com
website based on it (hereinafter: "Pnyxe Services"). You may
contact Pnyxe on any issue through the "Contact Us" link.
made by you and will serve as the legal basis for any
correspondence between you and Pnyxe. Thus, you are required to
not entitled to use the Pnyxe Services for any purpose. Pnyxe
time, at its own discretion, without notice; and these
conditions will be binding from the moment they are posted on
In any case of contradiction and/or
The Pnyxe Services are intended for private use only and not for
commercial and/or wholesale purposes. The surfer will keep
confidential, will not reveal or transfer to others his/her
The surfer declares that he/she knows
that on the internet there may be sites that are permissible for
viewing only to adults (over 18 years old) and may contain
pornographic material, and it is the surfer's sole
responsibility for using and supervising the viewing and use
thereof, and the surfer exempts Pnyxe from any responsibility
and/or liability in relation to this.
The surfer declares
that he/she knows that any professional information published on
the Pnyxe Services in the fields of medicine, law, finance
and/or advice given by professionals in different fields serves
as no recommendation or certified opinion, and that the surfer
must take extra caution in regards to these publications. Pnyxe
is not liable for the accuracy of this information, and will not
assume any liability for use of this information and/or damage
caused as a result of its implementation by surfers.
The copyrights and intellectual property of the Pnyxe Services
in general belong to Pnyxe, excluding surfer content as this
term is defined hereinafter. It is prohibited to publicize,
broadcast, transfer, sell, distribute or make any commercial use
of the material and content in the Pnyxe Services which is not
surfer content, and any part of it whatsoever, without prior
written consent from Pnyxe.
For the avoidance of doubt,
it is hereby declared that Pnyxe is not liable for any
infringement or violation of intellectual property rights
whatsoever, including trademarks and trade secrets in pertaining
to the right of use given to the surfer.
Any content posted to the site by surfers, including
information, text, pictures and/or any other material posted on
the Pnyxe Services by surfers, is the sole possession and
responsibility of the surfer who posted the said content. Any
copyright and/or intellectual property and/or any right in
surfer content belong to the surfer who posted them. Using this
content without the consent of the surfer who posted it is
The surfer will not post any content, picture
or information of an illegal, intimidating, vulgar, crude,
racist, insulting, slanderous and/or libelous nature, violating
intellectual property, violating proprietary rights, violating
trademarks and brand names, any information of pornographic or
crude sexual nature, any information known to be rebellious,
misleading, or any other information violating an individual's
and/or public's right to privacy, information which may harm
and/or harass other surfers. The surfer will not publish and/or
post on the Pnyxe Services any content and any information which
may hurt the public's sentiments, which may serve as and/or
encourage the perpetration of a criminal offense or which could
serve as a basis for a civil action or liability or violate the
law in any other way. The surfer will not collect information on
other users and will not provide information on illegal actions.
In addition, the surfer will not post on the website any
information of an advertising or commercial nature and will not
act in any way which may cause damage to Pnyxe.
undertakes not to flood the Pnyxe Services with false posts or
The surfer agrees and allows Pnyxe or
any of its representatives to make any use of surfer content
whatsoever, including recording and/or displaying and/or
distributing it on the Pnyxe Services and/or any other media,
for Pnyxe's needs, including for public relations and promoting
the Pnyxe Services on different media, at its sole and absolute
discretion – all without the need to receive further
authorization from the surfer and/or pay him/her anything in
return for the said use, including in the event that Pnyxe makes
a revenue for the use made in the said surfer content. Without
derogating from the aforesaid, Pnyxe will not sell surfer
content without receiving the surfer's consent in advance.
Any use of surfer content by a third party, without the consent
of the rightful owner, serves, among other things, as a
violation of the Copyright Law, 1911.
The surfer exempts
Pnyxe totally, finally and completely from any liability
whatsoever for any damages, losses or expenses of any type,
caused or which will be caused and are connected in any way,
directly or indirectly, to surfer content posted and/or
appearing on the Pnyxe Services.
In addition, the surfer
undertakes and agrees to compensate and indemnify Pnyxe for any
damages, losses or expenses, of any type, caused or which will
be caused to Pnyxe, and which are connected directly or
indirectly to surfer content which are posted and/or appear on
the Pnyxe Services, immediately after Pnyxe's first demand, and
the surfer waives completely and unconditionally any rights or
claims vis-à-vis Pnyxe connected to the said content.
surfer subscribing to Pnyxe's services as a registered user is
obligated to provide valid information about himself/herself and
not to subscribe more than once, so that one registered user
will belong to one surfer only, and that one surfer will have no
more than one registered user.
Any use of the Pnyxe Services does not require any payment to
Pnyxe unless stated otherwise and unless the surfer's agreement
to make any such payments has been received, separately.
Pnyxe does not undertake that the services will not be disrupted
or will be provided without interruption, will be provided
safely without mistakes, and will be immune to unapproved access
to Pnyxe computers or from damages, problems, disruptions, or
hardware or software breakdowns, telecommunication lines and
systems at Pnyxe or any of its service providers and/or anyone
on its behalf.
The provision of services by Pnyxe is
dependent, among other things, on third parties, and Pnyxe is
not responsible or liable for any action or non-action by third
parties and will not be liable for any damages and/or loss
and/or expenses that will be caused to a surfer and/or to any
third party as result of any said action or non-action.
Pnyxe does not edit and/or oversee the content posted on the
Pnyxe Services by the surfers and/or any third party, and is not
responsible for this content and/or for any result derived from
relaying on the content and/or use of them. Any reliance by a
surfer on any content, information, advertisements, services,
products, opinions and stances which appear or are publicized on
the Pnyxe Services are at the sole discretion and responsibility
of the surfer. Nonetheless, in accordance with the surfers'
request, Pnyxe reserves the right to remove content should it be
found, according to its discretion, to be offensive and/or for
any other reason. In addition, Pnyxe does not control and does
not supervise and is not responsible for the information and/or
services provided and/or publicized by others and/or through
them, whether directly or indirectly, including the services and
site content of others connected by links from the Pnyxe
Services. Pnyxe does not guarantee that all the links will be
functional and will lead to an active website at any time.
It is stressed herein that the supervision measures
aforementioned do not guarantee the absolute prevention of
provocative content and/or of obscene statements, and Pnyxe does
not commit to blocking or removing immediately all the
provocative content and/or obscene statements. Pnyxe operates
the said supervision measures only for the benefit of the
surfers, without being legally obligated to do so, and without
being responsible thereby in any way for any content and/or
statements and/or comments whatsoever.
Should the surfers
deal with third parties, any contact terms will be agreed upon
directly between the surfers and the third parties, and Pnyxe
will not be a party to the agreement. Pnyxe is not liable in any
way, and will not bear any responsibility whatsoever, to damages
and/or other claims the surfers may have as a result of these
The surfer will have no claim, suit or demand
against Pnyxe on the basis of the standard of information,
services and products posted and/or provided on the Pnyxe
Services, their ability, limitations and compatibility with the
surfer's needs and/or the responses they raise (if at all) among
the surfers, and he/she hereby waives any claim and/or suit
and/or demand as stated against Pnyxe and/or any of its
Publicizing surfer content or a link on
the Pnyxe Services by Pnyxe will not be interpreted as an offer
to the surfer, as a show of support, approval or patronage by
Pnyxe to the content and/or services offered by others.
Pnyxe is not responsible for any damage, direct, indirect,
incidental and/or consequential, inability to use, loss of data
and/or loss of profits resulting from the use of the Pnyxe
Services and/or information appearing on them, even if it
supervised in any way the content placed on the website or that
can be accessed or viewed by way of the site, and even if it
became known to Pnyxe of the possibility of such damage, that
may be caused to a surfer and/or any third party, in relation to
the Pnyxe Services, the use of them, the inability to make use
of them, their cancellation, limitation or interruption.
In the case that Pnyxe, without being required to and from its
own goodwill, tried to aid in solving a problem and/or request
from a surfer, this aid will not be interpreted in any way as
placing any responsibility or liability on Pnyxe.
no circumstances will any liability be placed on Pnyxe and/or
its representatives due to direct or indirect damage, penal
damages, incidental, special or consequential damages, or any
other type of damage, including, and without derogating from the
generality of the aforesaid, damages for loss of use, loss of
data, or loss of profit, stemming from or connected in any way
to the use of the services, due to a delay in use or the
inability to use the supply or lack of supply of services, or
any accompanying information, software, product, service, and
graphics obtained via the services, and/or stemming in any other
way from use of the services, whether based on agreement or
damages, whether by complete liability, and/or any other
grounds, even if Pnyxe and/or its representatives are notified
about the possibility of damages, as aforesaid.
The use of the Pnyxe Services is an agreement by the surfer that
Pnyxe can utilize computer supervision of the use he/she makes
of the services, through the use of "cookies" and/or other
similar ways. Pnyxe is permitted to use all said information for
purposes of control and/or in order to comply with any laws.
Pnyxe strictly complies with all applicable laws, including the
law of guarding privacy, and it uses advanced technological
measures to guard the privacy of the surfers and will not reveal
to anyone not permitted by law, any lists or documents
containing names and addresses of the surfer or any other
information about the surfer, except for details and information
which are public and have been publicized by the surfer
him/herself. Without derogating from the aforesaid, Pnyxe
reserves the right to reveal the surfer's details and any other
information related to the use the surfer made/makes of the
Pnyxe Services in accordance with a court order and/or as part
of legal proceedings should they be required between the surfer
and Pnyxe and/or in the event of a violation of these Terms of
Use by the surfer and/or in the event that Pnyxe, at its sole
discretion, believes that this is required in order to prevent
severe damage to its body or property or anyone else's and/or in
case of a merger by Pnyxe with any third party.
runs a strict anti-spam policy and will only send email messages
to registered users, and only messages the user has asked to
receive, and only to email addresses verified as belonging to
the registered user, excluding messages related to the
registration and verification process itself.
third-party advertising companies to serve ads within Pnyxe
Service. These companies may use information (not including your
name, address, email address, or telephone number) about your
visits to this and other websites in order to provide
advertisements about goods and services of interest to you. If
you would like more information about this practice and to know
your choices about not having this information used by these
companies, click here
Pnyxe is permitted to remove content and/or sites from the
services, according to its sole and complete discretion and
without the need to notify the surfers, including blocking
and/or limiting and/or terminating the provision of the services
to a particular surfer in circumstances when that surfer made
use of the services in a way that may cause disruption to the
services, to other surfers, or in a way that is a civil wrong or
criminal act, or in a way which raises reasonable suspicion that
the surfer is acting in a way which violates the conditions set
Pnyxe may change from time to time
the structure of the Pnyxe Services, their look, the services
offered, their scope and/or availability and any other aspect
connected to them - all without the need to notify the surfer.
The surfer will not have any suit, claim, demand or cause of
action against Pnyxe for making changes as aforementioned and/or
for problems that may occur while making the said changes.
and everything resulting from them or related to them, the Terms
of Use will be interpreted according to those laws, and any
disagreement or legal question relating to them will be
adjudicated only in the authorized court in Tel Aviv-Jaffa.
- Pnyxe (hereinafter: "the Provider") declares that it
has developed and legally owns the full rights to provide
authorizations to use the software product knows as Pnyxe
Widgets (hereinafter: "the Product").
- The Provider gives the client authorization to use one
account in the updated edition of the Product, by integrating
the Product into the client's website (hereinafter: "the
Site"). The client will not be entitled to perform reverse
engineering on the Product.
- In Pro edition and above, one subscription grants the
client a license to use the product in one website only. The
number of pages in which the product is integrated is
unlimited, as long as they are all in the same website.
- In Free edition only, the Provider will display ads
integrated into the Product, starting 3 days after creating
- The price offered for the Pro edition, is valid for
the use in websites with traffic of up to 2,500 Page Views a
- In Pro edition and above, the Provider is committed to
assisting the client throughout the process of integrating the
Product into the website.
- The client may stop using the product at any time. In
Pro edition and above, the client must inform the provider
when he wants to stop using the product as well as stop the
payment subscription. The provider will not refund money that
has already been paid.
- The Provider is committed to providing maintenance
services, including handling errors, glitches and "bugs" in
the Product and supplying new editions/versions of the
Products if developed to all clients. The client will be
committed to using any new edition/version, due to the nature
of the Product. The maintenance services do not include
software development services for individual additions,
adaptations and changes as per the client's request.
- The maintenance services do not include malfunctions
caused as a result of operating the software not in accordance
with the instructions given to the client by the Provider or
as a result of changes made to the software by the client or
anyone associated with or related to the client without the
- The software is distributed under a license "As Is".
The Provider will not be liable for any direct, indirect or
consequential damages of any kind caused due to the use of the
Product, due to malfunctions in the Product or due to lack of
- The software may not be used alongside adult, mature,
gambling-related, violent, or hateful content.
- The sides pledge to maintain secrecy in regards to any
information about the other side, as they keep their own
information secret. This obligation cannot be rescinded and
will continue to apply after this agreement ends for any
- The exclusive jurisdiction in any and all disputes,
controversies or differences arising out of and/or relating to
this agreement is given to the authorized courts in Tel Aviv.
Before turning to the courts the sides will try to resolve any
differences by meditation through an authorized mediator.
- This agreement summarizes all that has been agreed
upon by the sides as to the matter of agreement, and any
previous offer or agreement on the issue whether made orally
or in writing are hereby terminated and canceled.