Terms of Use

Terms of Use – Surfer

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.
These Terms of Use will apply to any use of the Pnyxe Services made by you and will serve as the legal basis for any correspondence between you and Pnyxe. Thus, you are required to read these Terms of Use fully and thoroughly.
General
By using the Pnyxe Services you accept these Terms of Use. If you do not accept all or any part of these Terms of Use, you are not entitled to use the Pnyxe Services for any purpose. Pnyxe reserves the right to modify the Terms of Use, from time to time, at its own discretion, without notice; and these conditions will be binding from the moment they are posted on the website.
In any case of contradiction and/or incompatibility between these Terms of Use and any other publication, these Terms of Use shall be the binding ones.
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 personal password.
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.
Intellectual Property
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.
Surfer Content
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 forbidden.
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.
The user undertakes not to flood the Pnyxe Services with false posts or repetitive posts.
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.
A 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.
Payment
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.
Limitation of Liability
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 agreements.
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 representatives.
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.
Under 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.
Protection of Privacy
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.
Pnyxe 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.
Pnyxe uses 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.
Termination, Interruption and Changes
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 in these Terms of Use.
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.
Applicable Laws and Court of Jurisdiction
The laws of the State of Israel will apply to these Terms of Use 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.


Terms of Use – Website Owner

  1. 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").
  2. 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.
  3. 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.
  4. In Free edition only, the Provider will display ads integrated into the Product, starting 3 days after creating the account.
  5. The price offered for the Pro edition, is valid for the use in websites with traffic of up to 2,500 Page Views a day.
  6. In Pro edition and above, the Provider is committed to assisting the client throughout the process of integrating the Product into the website.
  7. 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.
  8. 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.
  9. 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 Provider's approval.
  10. 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 use.
  11. The software may not be used alongside adult, mature, gambling-related, violent, or hateful content.
  12. 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 reason whatsoever.
  13. 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.
  14. 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.