Terms Of Use
Updated on July 4th, 2024
PLEASE READ THIS TREMS OF SERVICE CAREFULLY PRIOR TO USING THE WEBSITE.
INTRODUCTION
WEBER SITES LTD (“Weber", or “Us”, or "We") is the owner of www.coffeesettings.com ("Website").
By using the Website in any way, the user ("You", "User") accept these Terms of Service ("Terms") and you also acknowledge that you read and understood our PRIVACY POLICY all of which together with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Website in relation to a specific service or feature , form a binding legal agreement between You and Us (“Agreement”).
Prior to using the Website, it is important for You to know and understand that You are agreeing to accept certain liability limitations and legal disclaimers, which We further explain throughout the Agreement. In other words, your use of the Website is at your own risk, and We do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Website or the services and content contained therein and your ability or inability to use them.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THE AGREEMENT, INCLUDING OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.
By using the Website, you consent to receiving the Agreement in electronic form. To withdraw this consent, you must cease using them.
We may modify the Terms or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continuous use of the Website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
We may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Any opinions, advice, recommendations, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Website, are those of the respective author(s) or distributor(s) and not of WEBER. Neither WEBER nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Website represents the opinions and judgments of the respective user or information provider not under contract with WEBER. WEBER neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by any third party. Under no circumstances will WEBER be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Website. WEBER is not responsible for any actions or inaction on your part based on the information that is presented on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
WEBER may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, WEBER shall have the right to immediately terminate Your Account in the event of any conduct by you which WEBER, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. Such provisions shall survive termination of the Agreement.
HAVING AN ACCOUNT WITH US
You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from WEBER and/or to participate in certain features on the Website such as certain Interactive Areas. WEBER will use the information you provide in accordance with Our PRIVACY POLICY. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Website so that it remains current, complete and accurate. During the registration process, you may be required to provide Us with certain information and you must choose a password and/or user name. You acknowledge and agree that WEBER may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.
WHAT CONTENT YOU CAN POST ON THE WEBSITE
The Website may contain comments and recommendations sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, recommendations and other materials or items as may be applicable from time to time (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 18 years or older. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Website, and fulfill the obligations set forth in these Terms of Use.
By submitting any User Content or participating in an Interactive Area within or in connection with the Website, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others (b) you know to be false, misleading or inaccurate (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them (f) advocates violent behavior (g) poses a reasonable threat to personal or public safety (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right - rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by WEBER, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Website (j) does not generally pertain to the designated topic or theme of any Interactive Area (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Website.
• You agree not to impersonate any person or entity, including, but not limited to, WEBER or any WEBER employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• You agree not to represent or suggest, directly or indirectly, WEBER’s endorsement of User Content.
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Website users or posting private information about a third party.
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use the Website, or access to the Website.
• You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
• You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in WEBER’s sole discretion restricts or inhibits anyone else from using or enjoying the Website will not be permitted. WEBER reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
WEBER does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Website. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
WEBER shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Website to determine compliance with these Terms of Use and any operating rules established by WEBER and to satisfy any law, regulation or authorized government request. Although WEBER has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Website, WEBER reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Website at your sole cost and expense. In addition, WEBER may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law.
The decision by WEBER to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of WEBER in connection with or arising from use by you of Interactive Areas on the Website.
By submitting User Content to the Website, you automatically grant WEBER and its shareholders and officers the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to WEBER that you have the full legal right, power and authority to grant to WEBER the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant WEBER the right, but not the obligation, to pursue at law any person or entity that violates your or WEBER’s rights in the User Content by a breach of these Terms of Use.
If it is determined that you retain moral rights, as defined by applicable law, in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by WEBER or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release WEBER, and its licensees, successors and assigns, from any claims that you could otherwise assert against WEBER by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
User Content submitted by you will be considered non-confidential and WEBER is under no obligation to treat such User Content as proprietary information except pursuant to its PRIVACY POLICY . Without limiting the foregoing, WEBER reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. WEBER is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to WEBER. WEBER shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
COPYRIGHT AND TRADEMARK OWNERSHIP
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. WEBER owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WEBER and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
WEBER, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Website. All other logos and trademarks appearing on the Website are the property of their respective owners.
ADS
WEBER may run advertisements from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WEBER, and any terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. WEBER is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR
SOLE RISK.
NEITHER WEBER, ITS PRESENT OR FUTURE PARENT(S), SUBSIDIARIES, OR RELATED
ENTITIES (COLLECTIVELY, “WPS”), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE WEBSITE.
(B) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(C) YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE. WEBER IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE WEBSITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WPS, BE LIABLE TO YOU FOR (i) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, (ii) ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (iii) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100). BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WPS IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(E) WEBER DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO WEBER’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
(F) YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBER, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF THE USE OF THE WEBSITE BY YOU OR YOUR ACCOUNT. WEBER RESERVES THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE WEBER WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY WEBER.
LINKS
The Website may contain links to other Websites, some of
which may be operated by us and others of which may be operated or controlled
by third parties (“Third-Party Website”), including links
contained in advertisements, such as banner advertisements and sponsored links.
These links are provided as a convenience to you and as an additional avenue of
access to the information contained therein. The inclusion of links to
Third-Party Website is not, and should not be viewed, as our endorsement of the
Third-Party Website or any content therein. Different terms and conditions apply
to your use of Third-Party Website.
WE HAVE NO CONTROL OVER THE CONTENT OF THIRD-PARTY WEBSITES, AND ACCEPT NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY WEBSITE.
JURISDICTION & GOVERNING LAW
The Agreement and any dispute between you and us shall be governed by the laws of the state of Israel without regard to principles of conflicts of law.
You hereby consent to the
exclusive jurisdiction and venue of courts in Tel-Aviv, Israel in all disputes
arising out of or relating to the use of the Agreement. Use of the Services is
unauthorized in any jurisdiction that does not give effect to all provisions of
this Agreement, including, without limitation, this provision.
IN GENERAL
Except as otherwise provided in the Agreement, if any provision of the Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Agreement.
To the fullest extent permitted by applicable law, we reserve the right in our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time, by posting revised Agreement on the Website. It is your responsibility to check for any changes we make to this Agreement each time you use the Website or any portion thereof. If you access or use the Website in any way after the Agreement have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of the Agreement will be available on the Website and will supersede all previous versions of the Agreement. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Gaya Cosmetics.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Website.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The Agreement and all terms and polices posted through the Website set forth the entire understanding and agreement between you and Website, and supersede all prior understandings and agreements of the parties.
We have no obligation to screen or monitor any content and do not guarantee that any content made available on the Services complies with this Agreement or is suitable for all users.
We may supply, deliver or provide the Service via its affiliates and other third parties. By agreeing to the Agreement you accept that under no circumstances we shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control.
You are responsible for compliance with all applicable laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Services.
You understand and agree that we may terminate your account and/or prohibit you from accessing the Website, in whole or in part, in case you breach the Agreement, at any time in our sole discretion, with or without notice. We shall not have any liability to you or any other person for any such act. In addition, any violation of this Agreement may be referred to law enforcement authorities.
HOW TO BE IN TOUCH
If you have any questions or comments about the Agreement or the Website, please contact our Customer Service by e-mail: [email protected] or through the 'Contact Us' form on the Website. Customer service will make every effort to refer to each request within 72 business hours.
In order for us to provide you with the Services, We may contact you by e-mail (but in some cases we may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us), to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce the Agreement, our policies, applicable law, or any other agreement we may have with you. We may also contact you for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the PRIVACY POLICY. If you do not wish to receive such communications, you may change your communications preference at any time, thru your account.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may provide all such communications by email or by posting them on the Website.