Conditions for Right of Use of the
Rav-Milim WebSite
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Welcome to the
Rav-Milim dictionary website by Melingo Ltd. (the “Site”). Use of this
Site is subject to the conditions set out below and your continued use of this
Site indicates your acceptance of the said conditions. Where you are an individual private
user, you are deemed to accept these conditions on behalf of yourself, and
references in the plural should be understood in the singular. Where you are an
organization (company, partnership, non-profit organization
etc.), you are deemed
to be an authorized representative of the organization and accept these
conditions on behalf of the organization.
The identity
details that I have provided, including, in the case of an organizational
subscription, the registered name and associated IP address of the
organization, of which I am an authorized representative (the “Organization”,
“We/Us/Our”), are correct, complete and up-to-date as of
the date of the acceptance of the said conditions. In the case of an organizational
subscription, these usage conditions shall hold with regard to any users (the “Users”)
who may legitimately use the Site within these conditions.
- I
am aware that the license granted hereunder to use RavMilim Site is
restricted only to me (if a private individual user) or to Our Users only
(if registered as an organization)
- In the case of having one subscription
(or several subscriptions that are not an organizational subscription with
open IP address for all the organization), we confirm and warrant that the right of use
of the Site, having one subscription, is restricted to only one user at a
time. Namely, the use of several users at the same subscription
simultaneously is absolutely prohibited and constitutes a breach of these
conditions.
- We are aware that the license granted
hereunder to use the Site is restricted to Us and
to Our Users only.
- We are aware that use of the Site is
limited to manual typing or copying of individual words or strings of
words into the box on the Site and that any access to or use of the Site
(whether with Our permission or not) by an automatic query-generating
program is absolutely prohibited and constitutes a fundamental breach of
these conditions.
- The right of use of the Site is
strictly limited to the viewing of word or phrase translations and/or
definitions and/or other language information (“the Site Data”) as
presented on the Site for non-commercial, purposes, and any other use,
including but not limited to commercial or for-profit use of the Site Data
is prohibited. For the avoidance of doubt, this means amongst other things
that any entering to the Site or collection
using the Site of word lists, lexicons, or linguistic data of any kind
using the Site, any harvesting, entering of lexical word lists, whether
alphabetically ordered or not, whether manually or through an automatic
program, and any copying of any amount of Site Data from the Site to any
media, whether for the purpose of competition with the Rav Milim Website
or any other Melingo product, or
for any other purpose, is strictly prohibited. Without derogating from the
above, any word list, lexicon, or linguistic data derived from the Site
shall be considered Site Content shall be fully owned by Melingo.
- We are aware that use of the Site is
limited to a reasonable manual usage pattern, determined in accordance
with the provisions of section 2 and 3 (the “Reasonable Usage Pattern”). We
hereby accept Melingo’s discretion to determine what the Reasonable Usage
Pattern, which shall be a function, amongst other things, of whether We are an individual private user or an Organization.
We are aware that if and when We are determined
by Melingo to have used the site in contradiction of the Reasonable Usage
Pattern We may be automatically blocked from further use of the Site until
Melingo can determine to its satisfaction that Our usage is not in breach
of these conditions.
- Insofar as We
are found to continually or substantially contradict the Reasonable Usage
Pattern, Melingo may suspend Our subscription without notice and without
returning all or any part of subscription fees and/or refuse to renew it.
- Without derogating from the generality
of these conditions, it shall be prohibited (a) to hack into the Site, and
(b) to alter, to damage, to add to, or to remove from, the Site’s
contents, its design, its software or any other material incorporated into
it.
- All intellectual property rights in
and pertaining to the Site, including copyright in the Site and all its
contents – including, without derogating from the generality of the
foregoing, the design of the site, its underlying code, its software, its
graphic files, its text, the contents of the dictionary, all of its
formatting and components and any other material incorporated into it (the
“Site Contents”) – are reserved to Melingo. It is prohibited to
distribute, to duplicate, to copy, to publicly demonstrate, to transfer to
a third party or to make any use other than that permitted according to
these conditions, of the Site Contents or any part of them, without Melingo’s
prior written permission.
- Melingo shall have no responsibility
for any direct or indirect damage, financial or otherwise, which may be
caused to Users or third parties whatsoever as a result of use of this
Site or reliance on information appearing on it or gathered from it.
- Along
my signup to Rav-Milim, I approve that Melingo may forward charges for the
said service to the
credit card operator as detailed by Melingo. My approval will expire
within 1 business day following my letter to Melingo subjected to the registration
terms and conditions of the said website.
This permission shall be valid for charges to other
cards as an alternative to the card with the number in this voucher
- Melingo shall have the option, at any
time, to include third party advertisements on the Site. Melingo does not
take any responsibility for the content of these advertisments nor of any
websites to which may be linked; nor does Melingo necessarily endorse or
recommend the products or services advertised.
- We are aware of and We
further consent to the fact that Melingo shall have the right to make use
of the details We and the Users individually provide and any information
gathered about Our usage patterns to improve the service provided by Melingo
provided that no information personally identifying the users is
transferred to any third party.
- The Site is provided “AS IS",
without a warranty of any kind. THERE ARE, AND THERE WILL BE, NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE
CONDITIONS, OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, LEGALITY IN ANY TERRITORY OR FITNESS FOR A
PARTICULAR PURPOSE. WE ASSUME ALL RISKS AS TO THE QUALITY, FUNCTION AND
PERFORMANCE OF THE SOFTWARE. MELINGO DOES NOT WARRANT THE RESULTS OF ANY
PROGRAM OR SERVICE, OR THAT ALL OR ANY DEFECTS, ERRORS OR BUGS WILL BE
CORRECTED, OR THAT THE FUNCTIONALITY CONTAINED IN THE SITE WILL MEET OUR
REQUIREMENTS OR EXPECTATIONS. IN PARTICULAR, THERE IS NO WARRANTY THAT THE
SOFTWARE WILL PRODUCE ACCURATE TRANSLATIONS IN EVERY CASE.
- LIMITATION OF LIABILITY: EXCEPT AS
EXPLICITLY STATED OTHERWISE IN THESE CONDITIONS OR AS LIMITED BY LAW, IN
NO EVENT SHALL MELINGO’S LIABILITY TO US, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE FEES PAID BY US TO MELINGO
FOR OUR RIGHT OF USE DURING 12 MONTHS PRESEDING THE DATE OF THE CAUSE.
UNDER NO CIRCUMSTANCES WILL MELINGO BE LIABLE TO US FOR ANY LOST OR
DEGRADED DATA, LOST REVENUE, LOST PROFITS, INABILITY TO USE THE SOFTWARE,
COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THESE
CONDITIONS. THIS LIMITATION SHALL APPLY EVEN IF MELINGO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OR THE
NATURE OF THE CAUSE OF ACTION OR CLAIM. THE FOREGOING LIMITATION OF
LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE
SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. MELINGO WOULD NOT BE ABLE TO
PROVIDE THE SITE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS AS ARE SET OUT IN THIS SECTION.
- Melingo shall not be liable for any temporary
unavailability of the Site due to deterioration, failure or malfunction of
telecommunication lines, the software or the proper operation of the Site.
In such cases, Melingo shall make its best efforts to resume the service
as promptly as possible.
- Without derogating from the above,
Melingo shall have the right to terminate Our right of use of the Site in
the event that We perform one of the activities detailed below, and to
block Our access to the Site:
- Submitted false details (for
example the IP address) while signing up for the Site services.
- Copied, distributed,
advertised, transferred or made any other use contrary to these
conditions, of the contents of the Site and/or of the details and files
included in this Site, without obtaining the prior written consent of
Melingo.
- Performed any act that is contrary to these
conditions.
- We agree to defend, indemnify and hold
harmless Melingo (and any of its parents, subsidiaries, affiliates,
employees, agents, third party content providers, or licensors, and their
respective directors, officers, employees, and agents) from and against all
claims, liability, and expenses, including attorneys' fees and legal fees
and costs, arising out of Our use of the Site or our breach of any
provision of these conditions or any relevant legal provision. We
acknowledge that Melingo reserves the right, in its sole discretion and at
its own expense, to assume the exclusive defense and control of any matter
that is subject to indemnification by Us. We will
cooperate as fully as reasonably required in the defense of any claim.
- Melingo shall have the right to terminate
the services provided by the Site without prior notice or warning. Melingo
shall not be liable for any damage caused to the user and/or to any third
party as a result of such termination of services.
We wish you a pleasant
and productive use of the Rav Milim Site.