Plasan Sasa Ltd. Website Terms and Conditions of Use
"Content" or "Materials" - any content, materials, texts, documents, forms, information, data, know-how, descriptions, listings (including, without limitation, product and/or services listings or descriptions), presentations, messages, images, graphics, logos, symbols, designs, drawings, pictures, icons, music and audio files, films and video files, and other files of any kind, and the selection and arrangement thereof, and any other information provided from or on Plasan's Websites and/or uploaded thereto, including all software, products, and services included or listed in, or available through, the Website.
"Plasan" – Plasan Sasa Ltd., an Israeli company (PC 51-37683-41), having its principal office at Kibbutz Sasa, M.P. Merom Hagalil, 13870, Israel.
"User" or "you" - Any person, persons or entity who establishes a connection to or accesses the Website.
"Website" - This website and any other websites owned, operated or sponsored by Plasan or any of Plasan's subsidiaries or affiliates.
3. Acceptance of Terms
4. Website Operation
Plasan reserves the right to discontinue or modify any Content or feature of the Website, including, without limitation, Content, hours of availability, and hardware or software needed for access or use. Plasan may also impose limits on certain features and services or restrict access to parts of or the entire Website without any prior notice or liability thereof.
5.3 When you browse our Site, you do so anonymously. We do not collect Personal Information. However, we may collect unidentified non-personal information from our users, i.e. any unconcealed information which is available to us while you are accessing or using the Site ("Non-Personal Information"), such as your IP address. Plasan, at its own discretion, may transfer Non-Personal Information to any interested third parties.
5.4 You may provide us with your Personal Information for the purpose of receiving our electronic newsletters. We may use this information to contact you via email in order to inform you of new services we may offer. We will not provide Personal Information to any interested third party without your permission. Plasan may use your information to send you, inter alia, electronic newsletters, invitations to conferences and events, general information, and links to this Website.
5.7 At any time, you may withdraw your request to receive Newsletter materials by sending an email to hadasw@Plasan.com. If you wish to receive only specific types of information kindly advise Plasan as to the type of information you would be interested in receiving in the future.
5.8 Plasan has taken all appropriate measures to prevent unauthorized access and improper use of your Personal Information. However, Plasan does not guarantee that unauthorized access will never occur. Plasan will, by its own initiative, or at your request, replenish, rectify or erase any incomplete, inaccurate or outdated Personal Information.
5.9 In accordance with the Privacy Protection Act, 1981 ("Privacy Protection Act"), you are entitled to read your Personal Information stored in the information database. If you find any incomplete, incorrect, unclear or outdated details in the stored Personal Information, you are entitled to advise Plasan thereof, and to request that Plasan modify or delete your Personal Information.
5.10 The use of the Site by persons under the age of 18 is subject to the consent of a parent or legal guardian. Therefore, the use of the Site by persons under the age of 18 will indicate such consent has been granted. Plasan will not be responsible or liable regarding use by persons over the age of 18 or persons under the age of 18 who have received constructive or actual consent.
6. User's Conduct
6.2 This Website's content is copyrighted and protected by Israeli and worldwide copyright laws and treaty provisions. In addition, this Website content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6.3 Content from this Website may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any manner, without Plasan's prior explicit written consent. You also may not, without Plasan's permission, "mirror" onto another server any material contained on this Website.
6.4 Any violation of these restrictions is expressly prohibited by law and violators may be subject to civil and criminal penalties. If Plasan grants you permission to waive these restrictions, the permission terminates automatically upon breach of any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
7. Submissions of Information by User
Plasan requests and recommends that you refrain from sending any confidential or proprietary information to Plasan through Plasan's Websites which do not specifically allow and provide for its receipt and protection. If you by any means transmit to or post on Plasan's Website any Material, data, information or idea, it will be treated as non-confidential and nonproprietary and may be disseminated or used by Plasan for any purpose.
8. Proprietary Information, Intellectual Property, Copyrights.
8.1 You acknowledge and agree that all Content available on this Website is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, laws and treaty provisions. All copyrighted and copyrightable materials on this Website, including, without limitation, the Content (the "Copyrighted Materials"), are Plasan's intellectual property, proprietary to Plasan, and are copyrighted by Plasan, ALL RIGHTS RESERVED Copyright © 2010 Plasan Sasa Ltd.
8.2 Except as stated herein, none of the Copyrighted Materials may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.
9. Trademarks and Service Marks
9.1 The trademarks, service marks, and logos used and displayed on Plasan's Website are Plasan's registered and unregistered trademarks. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without Plasan's prior explicit written consent.
9.2 The name of Plasan Sasa Ltd., Plasan's subsidiaries (i.e., PNA (Plasan North America, Inc.), Plasan Carbon, AMEFO, Berard), their logos, symbols, brand-names, product markings, and the products and services described in this Website (except those belonging to Plasan's suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Plasan, and may not be copied, imitated or used in any way, in whole or in part, without Plasan’s prior explicit written permission.
9.3 You are not authorized to use Plasan's logo as a hyperlink to Plasan's Website without obtaining Plasan's prior explicit written permission.
9.4 All page headers, custom graphics, button icons, and scripts (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page), are service marks, trademarks, or trade dress owned by Plasan, and may not be copied, imitated, or used, in whole or in part, without the prior explicit written permission of Plasan.
9.5 All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior explicit written permission of such respective owners.
10. Third-Party Content; Linking
10.2 As a convenience to you, Plasan may provide links or pointers to other websites operated by third parties ("Third Party Sites"). The links to Third Party Sites do not constitute a part of the Website, and they are provided for your convenience and information only. Such Third Party Sites may contain information or material that are incorrect, inaccurate, misleading, deceptive, not up-to-date, or that some people may find inappropriate, discriminating or offensive. These other sites are not under the control of Plasan, and you acknowledge that Plasan is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or any link contained in such linked sites, or any review, changes or updates to such sites. The inclusion of such a link does not imply endorsement of the site by Plasan or any association with its operators. Plasan makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of said Third Party Sites accessible by hyperlink from this Website, or Third Party Sites linking to this Website. Due to the above, if you decide to visit any linked site, you do so entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You are encouraged to read the privacy policies of the Third Party Sites. Plasan reserves the right to terminate a link to a third party website at any time.
11. Material Disclosure
The use of this Website and the access to information through it are services granted to the Users for their own personal use and convenience. All the Contents presented or included in this Website shall not be deemed nor considered as any obligation, admission, acknowledgement, declaration, statement or representation on behalf of Plasan and shall not obligate Plasan in any manner whatsoever. Any such Content shall not serve as evidence against Plasan in the frame of any legal proceedings of any nature and any submission of such Content to any third party, including any legal instance, is hereby forbidden and shall have no effect whatsoever. Notwithstanding the generality of the above, Plasan does not guarantee the correctness, accuracy, completeness and the keeping up-to-date of any Content contained in this Website.
12. Limitation of Liability; Warranty Disclaimer
12.1 This Website's Content is provided "as is" and without warranties of any kind, either express or implied. Plasan disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Plasan.
12.2 Use of this Website or of the Materials is at your own risk. Plasan shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions related to the Materials available or not included in the Website; (b) the unavailability or the interruption of the Materials; (c) your use of the Materials (regardless of whether you received any assistance from Plasan in using such Materials); or (d) the content of the Materials.
12.3 In no event shall Plasan be liable for any damages whatsoever, including but not limited to, indirect, special, incidental or consequential damages (including, without limitation, attorneys’ fees), whether in an action of contract, negligence or other tortious action resulting from use of this Website or arising out of the use of this Website or Materials available on this Website, inability to use, or use of any websites linked to this site, or the information or material contained on any or all such sites, regardless of whether Plasan or an authorized Plasan representative has been advised of the possibility of such damages, except where liability is mandatory, in which case liability for damages shall be limited to the foreseeable damage normally covered by a contract except in cases of willful misconduct or gross negligence, and shall not in any event exceed the amount of your actual direct damages. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against Plasan.
User shall have no recourse against Plasan for, and hereby undertakes to defend, indemnify and hold harmless Plasan and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from and against any and all liabilities and claims whatsoever (whether arising in contract, tort or otherwise, including negligence of any degree, and strict liability) for or in respect of any loss (including loss of use or profit), expense (including attorneys’ fees), liability and damage of any kind, which may at any time be suffered or incurred from your use or misuse of this Website. Plasan reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Plasan in asserting any available defenses.
14. International Use
This Website is controlled, operated and administered by Plasan from its offices in Israel. Plasan makes no representation that content or materials in the Website are appropriate or available for use in locations outside of Israel. Access to Plasan's Website content or materials from locations where such access is illegal, is prohibited. If you choose to access this Website from other locations, you do so by your own initiative and are responsible for compliance with applicable local laws. Plasan is not responsible for any such legal violations.
16. Entire Agreement; Amendment and Waiver
17. Further Agreements and Obligations
17.1 Plasan shall not have any obligation or liability of any kind, other than those expressly provided for under these Terms, to the User, arising in connection with the use of the Websites and in connection thereto.
17.2 Neither the course of conduct between the User and Plasan nor trade practice shall act to modify any provision of these Terms.
Notwithstanding any of these Terms, Plasan reserves the right, in its sole discretion, to block or prevent your access to the Website or any part thereof, with or without notice. In addition, Plasan shall have the right to immediately terminate User's use of the Website in the event of any conduct by User which Plasan, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of these Terms. The disclaimer of warranties and indemnification provisions of these Terms shall survive such termination.
19. Governing Law; Jurisdiction