Acceptance of Terms
Aviv reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Website after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Website.
If you violate the Terms, Aviv reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your license to use the Website. You agree that Aviv does not need to provide you notice before terminating or suspending your license, but it may provide such notice in its sole discretion.
You declare that by acceptance of these Terms and/or by using the Website you are at least 18 years of age. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are resident or from which you access the Website. If the Website or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Website, and must refrain from using the Website.
Grant of License
Subject to your agreement and compliance with these Terms, and except as expressly agreed to otherwise by us, Aviv grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own private or business purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website.
Description of the Website and Services
Aviv is engaged in the development, manufacturing and marketing of its high quality cosmetic Biopeptix products (“Products”). The Products consists with bio-peptides, which are short-chain proteins that bind to receptors on skin cells and stimulate the activities of regeneration, rehabilitation and protection that have been impaired or abandoned by the skin. The Website is designed to provide cosmetic professionals and distributers of the Products as well as consumers of the Products with essential information on the Products, to enable the adequate use and application of the Products and promote the Products’ further distribution. Such information may be provided via video tutorials, references to relevant social media pages and informative and professional published articles and reports. The Website may also enable cosmetic professionals to sign up for various training sessions and conferences held by Aviv throughout the year, as well as connect with customers who request the contact details of cosmetic professionals who choose to collaborate with Aviv (“Services”).
Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Aviv does not provide you with the equipment to access and/or use our Website. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).
Aviv cannot guarantee that the Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Aviv takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Website and Services and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of our Website and Services. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications through which the Website is accessed;
Make representations with respect to Aviv not approved in these Terms or otherwise in advance and in writing by Aviv;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the website for the enjoyment of all its users.
You undertake that you shall not defraud, or attempt to defraud, Aviv or other users, and that you shall not act in bad faith in your use of the Website and Services. If Aviv determines that you have acted in bad faith and/or in violation of these Terms, or if Aviv determines that your actions fall outside of reasonable community standards, Aviv may, at its sole discretion, prohibit you from using the Website and being provided with our Services. You agree that your use of the Website and Services shall be lawful and that you will comply with the usage rules.
Aviv may refuse your access to the Website without notice for any reason, including, but not limited to, a suspected violation of these Terms or illegal or improper use of the Website, Products, Services or Aviv's intellectual property as determined by Aviv in its sole discretion.
Intellectual Property Ownership
Aviv and/or its affiliates retain all rights in the Website's materials (including, but not limited to, applications, software, designs, graphics, texts, information, presentations, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Website Materials"). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may use the Website Materials solely for the purpose of the Services. You shall not download, copy, transfer distribute, reproduce framed, republish, transmit or post any of the Website Materials for any other purpose.
Without derogating from the above, you shall not nor shall not cause any other party to modify, decompile, disassemble, reverse engineer, create derivative works from, rent, sub-license, scrape, download, display, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website Materials pursuant to these Terms or otherwise exploit any of the Website Materials without Aviv’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Aviv. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your license to use the Website as well as severe civil and criminal penalties.
Aviv owns all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website Materials, or rights to any derivative works thereof.
You are not required to provide Aviv with any feedback or suggestions regarding the Website or any of the Website Materials and Services. However, should you provide Aviv with comments or suggestions for the modification, correction, improvement or enhancement of the Website, Services and/or any of the Website Materials, then, subject to the terms and conditions of these Terms, you hereby grant Aviv a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Aviv chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Aviv's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Aviv chooses, but without reference to the source of such comments or suggestions.
Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the Website and Services shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website and assume no liability or responsibility for any:
Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
Any unauthorized access to or use of secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
Your use of the Services and access to the Website;
Your violation of any term of these Terms;
Your violation of any third party right, including without limitation any copyright, property, or privacy right;
Any claim that any user submission made by you has caused damage to a third party; and/or
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. "Force Majeure" referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, epidemic, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
Links to Other Websites; Search Engines
The Website may contain a search engine as well as links to other websites such as cosmetic professionals’ websites, social media platforms, websites with articles and reports or other various resources (the "Linked Sites"). The Linked Sites are not under the control of Aviv and Aviv is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aviv is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Aviv of the site or any association with its operators. You acknowledge and agree that Aviv will 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 such content, goods or service available on or through any such site or resource.
Notices to you may be made via the Website and/or e-mail. Aviv may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that Aviv provide as aforementioned satisfy any legal requirement that such communications be in writing.
By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Aviv. Any claim or dispute between you and Aviv that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Aviv reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website and Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND AVIV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms or any other issue regarding Aviv or the Website please contact us at: [email protected].
Last update: May 2020.
All rights reserved, Aviv Cosmetics Ltd.