Last Revised: June 8, 2017
) is the legal agreement between you (the “User”
) for your use of our website
available at globallysearch.com
BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ AND THAT YOU AGREE TO BE BOUND BY THESE TERMS INCLUDING THE
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONNECT TO, ACCESS OR
USE THE SITE IN ANY MANNER WHATSOEVER.
The Site is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess
the legal authority to enter into these Terms and to form a binding agreement under any applicable
The Site provides you with information regarding globallysearch, including without
limitation globallysearch products and services, and any other content available therein such as data,
materials, contact information, designs and graphic user interface (collectively, the “Content”). In
addition, the Site provides you the ability to contact us via the contact form (the “Contact Form”).
TO THE EXTENT LEGALLY PERMISSIBLE ALL RIGHTS IN AND TO THE
CONTENT AVAILABLE ON THE SITE ARE RESERVED TO globallysearch. TO THE
EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE
THEREIN ARE PROVIDED ON AN “AS IS” BASIS. globallysearch WILL NOT BE
LIABLE FOR ANY DAMAGES OR LOSS INCURRED BY YOU OR ANY OTHER
PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE
AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE, AND/OR THE CONTENT AVAILABLE THEREIN IS
ENTIRELY AT YOUR OWN RISK.
In order to contact us using the Site, you will need to fill out and complete
the Contact Form available therein. The Contact Form requires the User's full name and e-mail
address, phone number and company name.
RESTRICTIONS ON USE.
There are certain conducts which are strictly prohibited on the Site.
Please read the following restrictions carefully. Your failure to comply with the provisions set
forth may result herein (at globallysearch’s sole discretion) in the termination of your access to the
Site and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by globallysearch, you
may not (and you may not permit anyone to):
(a) use the Site and/or the Content for any illegal,
immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal
or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any
restrictions and signs indicating proprietary rights of globallysearch or its licensors, including but not
limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere
with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable
information about Users without their express consent, whether manually or with the use of any
robot, spider, crawler, any search or retrieval application, or use other manual or automatic device,
process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere
with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey
any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely
state or otherwise misrepresent your affiliation with any person or entity, or express or imply that
the Company endorses you, your site, your business or any statement you make, or present false
or inaccurate information about the Site; (g) take any action that imposes, or may impose, an
unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
(h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify,
alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any
portion of the Content made accessible by globallysearch on or through the Site, or publicly display,
reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j)
copy, distribute, display, execute publicly, make available to the public, reduce to human readable
form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer,
lend, process, compile, reverse engineer, combine with other software, translate, modify or create
derivative works of any material that is subject to globallysearch's proprietary rights, including
globallysearch's Intellectual Property (as such term is defined below), in any way or by any means;
(k) make any use of the Content on any other site or networked computer environment for any
purpose without globallysearch’s prior written consent; (l) create a browser or border environment
around globallysearch Content (no frames or inline linking is allowed); (m) sell, license, or exploit for
any commercial purposes any use of or access to the Site and/or Content; (n) frame or mirror any
part of the Site without globallysearch's prior express written authorization; (o) create a database by
systematically downloading and storing all or any of the Content from the Site; (p) transmit or
otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb,
web bug, spyware, or any other computer code, file, or program that may or is intended to damage
or hijack the operation of any hardware, software, or telecommunications equipment, or any other
actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any
purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
TITLE AND OWNERSHIP.
You acknowledge and agree that the Site, including any revisions,
corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and
any copies you are permitted to make under these Terms are owned by the Company or its
licensors, and are protected under copyright laws and treaties. You further acknowledge and agree
that all right, title, and interest in and to the Site, including associated intellectual property rights
) (including, without limitation, any patents (registered or pending),
copyrights, trade secrets, designs or trademarks), evidenced by or embodied in and/or attached or
connected or related to the Site, are and shall remain owned solely by the Company and/or its
licensors. These Terms does not convey to you any interest in or to the Site, but only a limited,
revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver
of our intellectual property rights under any law.
To the extent you provide any feedbacks to globallysearch (“Feedback”
), globallysearch shall have an
exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate
the Feedback into any globallysearch current or future products, technologies or services and use same
for any purpose all without further compensation to you and without your approval. You agree that
all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to
require globallysearch to comply with any additional obligations with respect to any globallysearch current or future products, technologies or services that incorporate any Feedback.
“globallysearch” globallysearch®, globallysearch’s marks and logos and all other
proprietary identifiers used by the Company (“Company Trademarks”
) are all trademarks and/or
trade names of the Company, whether or not registered. All other trademarks, service marks, trade
names and logos which may appear on the Site belong to their respective owners (“Third Party
). No right, license, or interest to the Company Trademarks and the Third Party Marks is
granted hereunder, and you agree that no such right, license, or interest may be asserted by you
with respect thereto and therefore you will avoid using any of those marks, except as permitted
CHANGES TO THE SITE AND/OR TERMS.
We may, at our sole discretion, change, modify,
add to or delete any of the terms and conditions of these Terms, and/or the Content and/or the Site
at any time, without prior written notice to you. In the event of any material changes to the Terms,
we will make reasonable efforts to post a clear notice on the Site and/or will attempt to send you
an e-mail (to the extent that you provided us with such e-mail address) regarding such change.
Your continued use of the Site, following any change to these Terms, constitutes your complete
and irrevocable acceptance of any such change. If any modification to these Terms is not
acceptable to you, your only recourse is to cease using the Site.
To use the Site you must be over the age of thirteen (13). We reserve the right to request
proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not
using the Site. In the event that it comes to our knowledge that a person under the age of thirteen
(13) is using the Site, we will prohibit and block you from accessing the Site and will make all
efforts to promptly delete any information with respect thereto.
THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE SITE REMAINS WITH YOU. THE COMPANY FURTHER
DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE,
COMPLETE AND ERROR-FREE.
EXCLUSION OF CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE
COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so this limitation and exclusion
may not apply to you.
LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT IN NO
EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE
COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH
THE SITE IS TO IMMEDIATELY CEASE USE OF THE SITE.
THE COMPANY’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH
YOUR USE OF THE SITE SHALL NOT EXCEED ONE U.S DOLLARS (US$1.00).
You shall indemnify, defend, and hold us and our directors, officers, and
employees from and against all claims, suites, costs, damages, losses, liability, and expenses,
including reasonable attorneys’ fees and other legal expenses, arising from or incurred as a result
of your use of the Site, or your violation of these Terms.
INTERNATIONAL DATA TRANSFER.
You hereby acknowledges that globallysearch may
transfer your information, to other third party service providers across borders and from your
country or jurisdiction to other countries or jurisdictions around the world. globallysearch may transfer
such information to a country and jurisdiction that does not have the same data protection laws as
your jurisdiction, and you consent to such transfer of information.
LINKS TO THIRD PARTY SITES. Certain links provided herein permit our Users to leave the
Site and enter third party sites or services. These linked sites and services are provided solely as a
convenience to you. These linked sites and services are not under the control of globallysearch and it
is not responsible for the availability of such external sites or services, and does not endorse and
is not responsible or liable for any content including but not limited to content advertising, products
or other information on or available from such linked sites and services or any link contained in
linked sites or service. In addition, globallysearch is not responsible or liable for such linked sites and
services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any
such sites, services and content and your dealings with such third parties are at your sole risk and
expense. We reserves the right to remove any link at any time. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused, by or in connection with use of or reliance on any services, content, products
or other materials available on or through such linked sites or resource. Most of such linked sites
use thereof. It is always advisable and we encourage you to read such documents carefully before
using those sites and services, inter alia, in order to know what kind of information about you is
At any time, we may discontinue your use of the Site, at our sole discretion, with or without any
reason or prior notice, in addition to any other remedies that may be available to globallysearch under
any applicable law.
If any provision of these Terms is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable and such decision shall not
affect the enforceability of such provision under other circumstances, or of the remaining
provisions hereof under all circumstances. These Terms do not, and shall not be construed to create
any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee
relationship between the parties hereto. No waiver by either party of any breach or default
hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any
heading, caption or section title contained herein is inserted only as a matter of convenience, and
in no way defines or explains any section or provision hereof. YOU ACKNOWLEDGE AND
AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR
RELATED TO THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM
AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any
provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that
provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall
otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
You may not assign or transfer these Terms (including all rights and obligations hereunder)
without our prior written consent and any attempt to do so in violation of the foregoing shall be
void. We may assign or transfer these Terms without restriction or notification. No amendment
hereof will be binding unless in writing and signed by globallysearch. The parties agree that all
correspondence relating to these Terms shall be written in the English language.
LAW AND JURISDICTION.
These Terms will be governed by, construed and enforced in
accordance with the laws of Israel, without regard to its conflicts of law principles or
provisions. The application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded
of these Terms. Any disputes arising out of or in connection with these Terms shall be finally
exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the
“ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The
arbitration shall take place in Tel Aviv, Israel and shall be conducted in the English Language. The
arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be
final and binding. Nothing contained herein shall prevent the Company from applying to any court
of law in order to obtain injunctions, equitable relief or any equivalent remedy, against you, in
order to restrain the breach of any restrictive covenants pursuant to these Terms. The arbitration
award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate
an arbitration award under this agreement shall be kept confidential to the maximum extent