BiondVax.com Terms and Conditions of Use
Welcome to BiondVax.com (the “Site”).
1. Eligibility. Access to the Site is void where prohibited. By using the Site, you represent and warrant that (a) you are 13 years of age or older or otherwise have the ability to form a binding contract; and (b) your use of the Site does not violate any applicable law or regulation or any obligation you may have to a third party.
2. Term. This Agreement shall remain in full force and effect while you use the Site and thereafter.
3. Proprietary Rights in Content; Trademarks.
- The Site contains Content of BiondVax (the “BiondVax Content”). The BiondVax Content is protected by copyright, trademark, patent, trade secret and other laws, and BiondVax owns and retains all of its rights in the BiondVax Content and the Site. BiondVax hereby grants you a limited, revocable, nonsublicensable license to display and print the BiondVax Content (excluding any software code) solely for your personal use in connection with viewing the Site.
- “BiondVax”, “BiondVax.com” and other BiondVax trademarks, service marks, logos, product and service names are trademarks of BiondVax Pharmaceuticals Ltd. (collectively, “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of BiondVax.
5. Prohibited Activity. BiondVax may take any action as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with this Agreement. BiondVax reserves the right to investigate and take appropriate legal action against anyone who, in BiondVax’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- any use of the Site or the domain for criminal or tortious activity, fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets;
- any automated use of the Site, the domain or the information contained in the Site, including the use of the Site for sending unsolicited mail;
- interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
- using the Site in a manner inconsistent with any and all applicable laws and regulations.
7. Forward Looking Statements. The Site contains information regarding future expectations, contains projections of BiondVax’s results of operations or financial condition, and includes other forward-looking statements. Such forward-looking statements do not purport to be predictions of future events or circumstances, and as such, BiondVax’s actual results and performance may differ materially from those expressed in such forward-looking statements. Forward-looking statements that express BiondVax’s beliefs, plans, objectives, assumptions, future events or performance may involve estimates, assumptions, risks and uncertainties. A detailed description of the risks and uncertainties are filed with the Israel Securities Authority and are available on its website at www.magna.isa.gov.il. The statements incorporated by reference or contained in any forward-looking statement speak only as of the date on which that statement is made. BiondVax will not update, and expressly disclaims any obligation to update any forward-looking statement to reflect events or circumstances that occur after the date on which such statement is made.
8. Disclaimers. BiondVax endeavors to keep the Site and Site Materials on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, BiondVax is not responsible for any errors or omissions in the Site or Site Materials. BiondVax may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and BiondVax makes no commitment to update the information contained on or in this Site. BiondVax is not responsible for any incorrect or inaccurate Content posted on the Site. Content posted on the Site is subject to change from time to time at BiondVax’s sole discretion. The BiondVax Content may contain links to other websites or Content posted by third parties. BiondVax is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BiondVax, and access to these third-party sites is at your own risk. BiondVax assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or Content. BiondVax is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall BiondVax be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Content posted on or through the Site, or from the conduct of any Users of the Site, whether online or offline. You must evaluate and will bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. The information on the Site is provided “AS-IS” and as available and BiondVax expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BiondVax cannot guarantee and does not promise any specific results from use of the Site.
8.1 Informational Purposes Only. The information on this Site is for informational purposes only. No information, services, or materials offered by or through the Site shall be construed as or understood to be medical advice, diagnosis or treatment. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. Reliance on the Content or any portion thereof, or other visitors to the web site, is solely at your own risk.
9. Limitation on Liability. WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU. IN NO EVENT SHALL BIONDVAX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF BIONDVAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIONDVAX’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIONDVAX FOR THE ACCESS TO THE SITE.
10. Disputes. In the event of any dispute about or involving the Site, you agree that the dispute shall be governed by the laws of the State of Israel, without regard to conflict of law provisions and you agree that all claims relating to the Site be adjudicated exclusively in the applicable courts located in Jerusalem, Israel, provided that the foregoing shall not prevent BiondVax from seeking injunctive or equitable relief in any court of competent jurisdiction.
11. Indemnity. You agree to indemnify and hold BiondVax, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to your use of the Site or if your breach of this Agreement causes BiondVax to be liable to or subject to a claim by a third party.
12. Other. This Agreement constitutes the entire agreement between you and BiondVax regarding the use of the Site. The failure of BiondVax to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and shall be replaced by an enforceable provision most nearly approximating the intent of the original provision and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@BiondVax.com with any questions regarding this Agreement.
[Updated: 28 January 2016]
1. Information Collection and Use.
- The Site logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Users to the Site. This data is used to personalize the Site, manage the Site, track usage and improve the Site services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services to Users. User IP addresses are recorded for security and monitoring purposes.
- Information collected through the Site may be stored and processed in any of the countries where we or our service providers maintain facilities. You therefore understand and consent that your information may be transferred outside of the country in which you reside.
- BiondVax reserves the right to transfer information to a successor in interest that acquires rights to that information as a result of the sale of BiondVax or any of its assets.
- Please do not send BiondVax any confidential or proprietary information and material by email, through the Site or in any other way. Any information or material submitted or sent to BiondVax, will be deemed non-confidential, and BiondVax shall be entitled to use such information as it deems fit.
4. Security. BiondVax takes precautions to insure that member account information is kept private, and uses reasonable measures to protect member information that is stored within our database.
[Updated: 28 January 2016]