Terms OF Service

Last updated: October 9, 2011

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.DNET.COM WEBSITE OR RELATED SERVICES.
Welcome to dnet.com (“Dnet”) operated by Azytech Ltd., ("Azytech", "we", "us", “our”). By using the services offered through or on www.dnet.com you are agreeing to the terms and conditions set forth below ("Terms of Service"). We reserve the right, at our discretion, to add, modify, change or remove portions of these Terms of Service at any time. At all times you can check out the most current version of these Terms of Service on this page. The “Last Updated” legend at the top of the page indicates when these Terms of Service was last revised.
In addition to these Terms of Service, your use of the Dnet Site and/or Services is governed by our Privacy Policy. You agree to for us to use and share your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Service.
In case you do not understand and agree to these Terms of Service, please please do not register to be a member of dnet.com or use it's Facebook application nor should you use the Site or any Services as defined below.
If you have conerns or questions regarding these Terms of Service, please let us know by contacting us at support@dnet.com. Until these questions and/or concerns have been answered, do not use the Services. Only once you agree to abide by the terms and conditions of these Terms of Service should you use Dnet and it's services.

Overview

Dnet.com offers a free service, which allows you to, search for, collect and organize liked items via Facebook. By signing up to the dnet.com Facebook application, we will collect some of your Facebook information (detailed described when signing up to the application itself) and offer you to have it stored and organized on the Dnet.com website. In addition we offer services connected to your likes and the likes on your network (the "Services"). Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through the Dnet Site that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through Dnet. Regarding the Privay of the service and in specific the Facebook application please read our Privacy Policy.

Use of the Services


You may access the Dnet Site and use the Services only for non-commercial purposes. Use of the Services is void where prohibited. By accessing or otherwise using the Dnet Site and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

Age restrictions
You must be at least 13 years old to use dnet.com
If you are at least 13 but not yet 18 years of age: Have your parents or legal guardian review these Terms of Service with you, discuss with them any questions you may have, and have them give you their permission to register and use the Services with both your and their full understanding of these Terms of Service. By using the Services, you are telling us that you and your parent or guardian have joined in this agreement.
If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children's on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services. In case you have any further questions about our Services please contact us at support@dnet.com. If you are the parent or guardian of a child under 13 and believe that he or she is using the Services, please contact us as well.

Profile Page
When you register for a Dnet account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page from the Dnet application sign up, including but not restricted to user name, profile image, the date you registered as a Dnet user, and your gender. Your profile page will also automatically display activity in relation to liked pages through the Facebook like tool. Please note that your profile page is only accessible by you and can not be viewed by others. However, we will use information on your liked items in order to present relevant pages to other users.

Material Storage and Delivery; Termination of Inactive Accounts

The amount of storage space and bandwidth per member may be limited. Dnet may change the amount of storage space and/or bandwidth allocated to members from time-to-time, in its discretion.
Accounts may be terminated and/or deleted from our system if they remain inactive for a period of one hundred and twenty (120) or more days. In the event of a suspension or deletion of an account through Facebook we may terminate and/or delete this account from our system.
Accounts may be archived, or materials may be purged at such time intervals as Azytech determine in their sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that Azytech is not responsible or liable for the deletion or failure to store, serve or process any materials or other information.

Links/External Sites and Resources



The Services may contain links to other World Wide Web sites or resources. These sites and resources are not controlled by Azytech, and the mere existence of the link on the Dnet Site does not imply an endorsement or sponsorship by Dnet/Azytech. In addition some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Dnet on the Services are subject to change without specific notice to you. In consideration for Azytech granting you access to and use of the Services, you agree that Azytech may place such advertising on the Services. All external Web sites and resources are not subject to these Terms and Conditions or the Dnet Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because Azytech has no control over such sites and resources, you acknowledge and agree that Azytech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Submission, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Azytech 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 Submission, goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.

Disclaimer
Azytech and its service providers utilize diligent efforts to maintain the Services, but Azytech and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. Azytech EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
WITHOUT LIMITATION, Azytech MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM Azytech and/or DNET PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Azytech SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Azytech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DNET SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE DNET SITE. IN NO EVENT SHALL Azytech'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DNET SITE.
You acknowledge and agree that Azytech and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Azytech. You acknowledge and agree that Azytech and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the Dnet Site or any third party licensors or suppliers of Azytech.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Azytech, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE DNET SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Azytech OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification
You agree that Azytech, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Submission(s) or other content within the Services, for any reason, including, without limitation, for lack of use or if Azytech believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Azytech may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Azytech may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Azytech shall not be liable to you or any third-party for any termination of your access to the Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

Intelectual Property

The Dnet name and logo(s) are the exclusive property of Azytech or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Governing Law, Juriscition

The Agreement (these Terms of Service) and any further rules, guidelines or policies shall be governed by, and construed in accordance with the laws of the state of Israel, without regard to its conflict of law provisions. You and Azytech agree to submit to the exclusive jurisdiction of the competent courts in the Tel-Aviv-Jaffa Disctrict, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
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