TERMS byWeiler Terms Of Use
These Terms of Use were last updated on June 26 2022.
Acceptance of Terms of Use
1.1. By accessing or using the byWeiler website or any other service
made available by byWeiler (together, the “Service”),
however accessed, you agree to be bound by these Terms of Use
(“Terms”).
The Service is owned or controlled by theartdesigners (A.D)Ltd. (“theartdesigners”).
These Terms of Use affect your legal rights and obligations.
If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
1.2. These Terms apply to all users of the Services, including,
without limitation, users who are contributors of content,
information, and other materials or services, registered or otherwise.
1.3. Changes to these Terms by theartdesigners (A.D)Ltd (“byWeiler”,
“us” or “we”) may modify these Terms at any time,
without notice, by updating this page.
Please check this page periodically for changes since your continued use of this website following the posting of changes will
indicate your acceptance of those changes.
1.4. THE TERMS OF SERVICE INCLUDE A CLASS ACTION
WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE
BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
1.5. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Content
2.1. Definition
For purposes of these Terms, the term “Content” includes,
without limitation, information, data, text, photographs,
videos, audio clips, written posts and comments, software,
scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service.
For the purposes of this Agreement, “Content” also includes
all User Content (as defined below).
2.2. User Content
All Content added, created, uploaded, submitted,
distributed, or posted to the Service by users
(collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility
of the person who originated such User Content.
Each user owns its own User Content. You represent that
all User Content provided by you is accurate, complete,
up-to-date, and in compliance with all applicable laws,
rules and regulations. You acknowledge that all Content,
including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss
to you or any other party resulting therefrom.
We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
byweiler is not obligated to backup any User Content,
and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own
backup copies of your User Content if you desire.
byWeiler has no responsibility or liability for the deletion or
accuracy of any User Content; the failure to store,
transmit, or receive transmission of User Content;
or the security, privacy, storage, or transmission of
other communications originating with or involving use
of the Services. You acknowledge that byWeiler has no
obligation to pre-screen User Content, although byWeiler
reserves the right in its sole discretion to pre-screen,
refuse, or remove any User Content at any time for any reason.
2.3. Content Changes
All features, content, specifications, products,
services, and prices described or depicted on this
website are subject to change at any time without notice.
Accuracy of Content
We attempt to ensure that information on this website is complete, accurate and current.
Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date.
We make no representation regarding how current,
complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a
product due to errors including, but not limited to, errors in pricing.
Use of byWeiler
The website design and all text, graphics, information,
content, and other material displayed on or that can be
downloaded from this website are either the property of,
or used with permission by, byWeiler and are protected
by copyright, trademark and other laws and treaties
and may not be used except as permitted in these
Terms or with the prior written permission of the
owner of such material. You may not modify the information or materials located on this website in any way or reproduce or
publicly display, perform, or distribute or otherwise use any
such materials for any public or commercial purpose.
Any unauthorised use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations.
You shall not upload to, distribute, or otherwise
publish through the website any content, information or
other material (a) that violates, misappropriates or
infringes the copyrights, patents, trademarks, service marks,
trade secrets, or other proprietary rights of any person or entity; (b)
that is libelous, threatening, defamatory, obscene, indecent,
pornographic, or could give rise to any civil or criminal
liability under applicable law; (c) that includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage,
or impair the website or interfere with any other party’s use
of the website, including their ability to engage in real time activities through the website; (e) such as a robot,
spider or other automatic device, process or means to
access the website for any purpose, including to monitor or
copy any of the material on the website; and (f) that
otherwise attempts to interfere with the proper working of the website.
We will have no liability related to the content of any of the
foregoing materials, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
Account Information
You are responsible for maintaining the confidentiality
of your account information and password and for restricting
access to such information and to your devices.
You agree to immediately notify us of any unauthorized
use of your password or any breach of security and
accept responsibility for all activities that occur under your account or password.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
BYWEILER PROVIDES THE MATERIALS AND
SERVICES ON THIS WEBSITE ON AN “AS IS” AND
“AS AVAILABLE” BASIS. BYWEILER EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET,
WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY
ERROR FREE, WILL OPERATE WITHOUT
INTERRUPTION, ARE COMPATIBLE WITH
ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS,
FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL
COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
THE FOREGOING EXCLUSIONS OF WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
WE ASSUME NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR,
ANY DAMAGES TO YOUR COMPUTER,
TELECOMMUNICATION EQUIPMENT,
OR OTHER PROPERTY CAUSED BY OR ARISING
FROM YOUR ACCESS TO, USE OF, OR BROWSING
THIS WEBSITE OR YOUR DOWNLOADING OF
ANY MATERIALS, FROM THIS WEBSITE.
IN NO EVENT WILL BYWEILER, ITS OFFICERS,
DIRECTORS, EMPLOYEES, MEMBERS,
AFFILIATES, AGENTS, SUCCESSORS,
OR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF
THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF OR RELATED TO THE USE,
INABILITY TO USE, OR THE RESULTS OF
USE OF THIS WEBSITE, ANY WEBSITES
LINKED TO THIS WEBSITE, OR THE MATERIALS,
PRODUCTS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH WEBSITES,
WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OF
IF THE EXCLUSIVE REMEDIES STATED
HEREIN FAIL OF THEIR ESSENTIAL
PURPOSE. OUR TOTAL AGGREGATE
LIABILITY TO YOU WITH RESPECT TO THIS
WEBSITE AND ANY MATERIALS,
PRODUCTS OR SERVICES PURCHASED,
PROVIDED OR ACCESSIBLE THEREIN
IS LIMITED TO THE LESSER OF THE
AMOUNT YOU PAID TO US FOR PURCHASES
ON THIS WEBSITE DURING THE 6 MONTHS
PRIOR TO THE ACTION GIVING
RISE TO THE LIABILITY, DAMAGE,
CLAIM OR LOSS OR 100NIS. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
Trademarks
Certain trademarks, trade names, service marks
and logos (collectively, “Marks”) used or displayed on
this website are the exclusive property of byweiler and /
or its Partners. Nothing contained on this website
grants or should be construed as granting,
by implication, estoppel, or otherwise,
any license or right to use any Marks without
our written permission or the written permission of the third-party owner.
Third Party Links
This website contains links to websites that
are not owned, operated or controlled by byweiler or our affiliates.
All such links are provided solely as a convenience to you.
If you use these links, you will leave this website and
your use of the linked website will be governed by
that website’s Terms of Use and Privacy Policy.
We are not responsible for any content,
materials or other information located on or accessible
from any other website. We do not endorse,
guarantee, or make any representations or warranties
regarding any other website, or any content,
materials or other information located or accessible
from such websites, or the results that you may obtain
from using such websites. If you decide to access any
other website linked to or from this website, you do so
entirely at your own risk.
User Information
byWeiler welcomes comments and other submissions
from the users of our website. Any comments,
suggestions, ideas or any other materials submitted,
either online or offline to this website (collectively, “
User Communications”), will become byWeiler’s
property upon its submission or posting. byWeiler
shall be entitled to unrestricted use of the User
Communications including, without limitation,
to promote and market the byweiler brand,
products, and services for any commercial or
non-commercial use we deem appropriate,
without compensation to the provider of the
User Communications. None of the User
Communications shall be subject to any obligation of
confidence on the part of byWeiler, and byweiler shall
not be liable for any use or disclosure of any User
Communications. Notwithstanding the foregoing,
any personal information you submit to byweiler
will be held in confidence by us as set forth in our
Privacy Policy. This submissions policy is intended
to avoid the possibility of future misunderstandings
when projects developed by byweiler might seem to
others to be similar to their own creative work.
Legal Age
Our services are available only to, and may only be used by,
individuals who are of an age to form a legally
binding contract under applicable law.
Copyright Infringement Notices
12.1. We respond to clear notices of alleged copyright
infringement. Our response to notices alleging
infringement may include removing content and
terminating users access to our website.
12.2. To file a notice of infringement with us,
you must provide the notice by email or post.
Send the notice to the following address:
byweiler
thartdesigners (A.D) Ltd
54 S’derot Chen
Tel-Aviv (TLV)
Israel
Email:
contact@weilercom.com
Attn: byweiler customer support
12.3. The provider of affected content may make a
counter notification. When we receive a counter
notification, we may reinstate the material in question.
General Provisions
These Terms and our Privacy Policy are the entire
agreement between byweier, and you relating to your access
or use of this website. No failure or delay on the part
of byweiler to exercise any right, power or remedy under
these Terms shall operate as a waiver; nor shall any
single or partial exercise by byWeiler of any right,
power or remedy under these Terms preclude any other or further exercise of any right, power or remedy.
Applicable Law
This Agreement is governed by, and is to be construed in
accordance with, Israel law. If any dispute arises
between you and byweiler, the courts of Israel shall
have exclusive jurisdiction, even if there are multiple
defendants or guarantee recourses, and including summary proceedings or court applications.
Currency
Prices stated on this website are in NIS, USD
and EUR. All other currencies shown on the
website including, but not limited to, SGD, HKD,
DKK and NOK are for indicative use only.
Termination
We may suspend or terminate your account at any time,
for any reason or for no (given) reason. We reserve
the right to change, suspend, or discontinue all or
any aspect of this website at any time without notice.
Severability
If any term or condition of these Terms shall be
deemed to be invalid, void, illegal or unenforceable
for any reason, that term or condition shall be
deemed severable and shall not affect the validity
and enforceability of the remaining Terms.
Need more help?
If you do not understand any of these Terms or if you
have any questions or comments, we invite you to contact us at yagil@byweiler.com.