Read This Terms of Use Agreement Before accessing website or Rhizome NetWorks Virtual Workplace or using one of its client side softwares or tools.
This Terms of Use Agreement was last updated on 01/01/2011.
This Terms of Use Agreement sets forth the standards of use of the Rhizome Networks LTD Virtual Workplace Service and website for Registered Members. By using the Rhizome Networks LTD www.virtual-workplace.org and www.rhizome-networks.com websites (or any other mirror website), and by using Rhizome NetWorks virtual-workplace and its related on line services and client side softwares, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website and/or virtual-workplace and/or client-side software provided by Rhizome Networks LTD.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Rhizome Networks LTD www.virtual-workplace.org and/or www.rhizome-networks.com websites (or any other mirror website). Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service: Rhizome Networks LTD is providing Member with website, peer-to-peer based virtual workplace and client side softwares for generating, operating, manging and trading with softwares and digital content on its virtual-workplace. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties: The website, virtual-workplace and client-side softwares are provided by Rhizome Networks LTD on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Rhizome Networks LTD makes no representations or warranties of any kind, express or implied, regarding the use or the results of those services in terms of its correctness, accuracy, reliability, or otherwise. Rhizome Networks LTD shall have no liability for any interruptions in the use of this Website and/or its virtual-workplace and/or client-side softwares. Rhizome Networks LTD disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability: Rhizome Networks LTD SHALL NOT be liable for any damages whatsoever, and in particular Rhizome Networks LTD shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it or its virtual-workplace or its client-side softwares, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Rhizome Networks LTD has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification: Member agrees to indemnify and hold Rhizome Networks LTD, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Members Account: All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Rhizome Networks LTD of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Rhizome Networks LTD.
Modifications and Interruption to Service: Rhizome Networks LTD reserves the right to modify or discontinue the Service with or without notice to the Member. Rhizome Networks LTD shall not be liable to Member or any third party should Rhizome Networks LTD exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Rhizome Networks LTD does not guarantee continuous, uninterrupted or secure access to its website or its virtual-workplace or client-side softwares and operation of our services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites: Our website or our virtual-workplace or client-side softwares may include links to other sites and services on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites or services. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites and services.
Disclaimer Regarding Accuracy of Vendor Information: Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Rhizome Networks LTD makes every effort to ensure that the information on this website, virtual-workplace, client-side softwares and services is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website or client side software. Rhizome Networks LTD makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Israel: Our website, virtual workplace and services are managed and operated from Israel. As such, we are subject to the laws of Israel, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website, virtual-workplace or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site and use our website or virtual workplace or services, you agree to do so subject to the internal laws of Israel.
Compliance with Laws: Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information: All content included or available on this site or via our virtual-workplace, including site design, source code, text, graphics, interfaces, and the selection and arrangements thereof is Rhizome Networks LTD ©2009, will all rights reserved, or is the property of Rhizome Networks LTD and/or third parties protected by intellectual property rights. Any use of materials on the website or virtual-workplace or client-side softwares, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Rhizome Networks LTD is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein, or the traffic passed by our virtual-workplace without prior written permission of an authorized officer of Rhizome Networks LTD.
RHZ-Open-Components™ and Rhizome Browser™ are marks used by Rhizome Networks LTD. Rhizome Networks LTD’s trademarks may not be used in connection with any product or service that is not provided by Rhizome Networks LTD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rhizome Networks LTD.
All other trademarks displayed on Rhizome Networks LTD’s website or virtual-workplace or client-side softwares are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites or other services of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Rhizome Networks LTD.
Notification of Claimed Copyright Infringement: Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Rhizome Networks LTD designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Rhizome Networks LTD Zichron Yakov 8 Petach Tikva 49728 Israel
By Telephone: 972-3-9217278
By Email: giladt@rhizome-networks.com
Botnets: Rhizome Networks LTD retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames or environment-ids or peer-ids are used as command and control points for botnets, Rhizome Networks LTD reserves the right to direct the involved network entities to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Rhizome Networks Right to Assess Fees. Rhizome Networks may, at any time upon prior written notice to you as described below, commence charging or assessing fees in relation to any or all Rhizome Networks' Offerings made available to You including Your participation on any Rhizome Networks' community or service. Except as otherwise expressly provided in this Agreement, in the event Rhizome Networks elects to charge or assess fees, You will be notified at least one (1) month in advance in writing by email or posting through your membership account. You may elect not to pay any such fees by discontinuing Your participation in all or part of Rhizome Networks' Offerings prior to the commencement of such fees.
Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Rhizome Networks LTD, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.