Port2Port Virtual

Exporia User Agreement

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE;

THIS IS A BINDING CONTRACT.

 

These Terms (hereinafter: the "Terms" or the "Agreement") are a binding agreement between you, or if applicable, the company or any other legal entity which you may represent (hereinafter: "You" or "Your", as may be applicable) and Port2Port Virtual.. and/or any Reseller acting on its behalf (hereinafter jointly and/or severally: the "Company", "We" or "Us"), concerning your subscription and use of our Services and Site as a visitor of our Exporia virtual trade show.

 

If you register for a free trial for our services, this Agreement will also govern the free trial.

 

By using the Exporia platform you agree to the terms of this Agreement.

 

You hereby acknowledge and agree that these Terms represent the complete and exhaustive statement of the agreement between You and the Company, and such Agreement supersedes any proposal and/or prior agreement, whether oral or written, any and all other forms of communication between You and the Company relating to the subject matter of these Terms.

 

You hereby acknowledge and accept that the Company may revise, edit, amend and/or alter in any way the conditions of these Terms at any time by simply updating and re-posting revised Terms to the Site. Such revisions, changes or amendments shall be based upon the sole discretion of the Company.

 

You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for the purpose of monitoring their availability performance of functionality or for any other benchmarking or competitive purposes.

 

YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. ANY CHANGES MADE TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY.

 

1. DEFINITIONS

 

2. USE OF SERVICES - GENERAL

 

Subject to Your compliance with these Terms , the Company hereby grants you a limited, non-exclusive, non-transferable, non sub-licensable revocable right to use and access the Services via the Internet during the subscription period, and use the Services only in accordance with these Terms. The Services may be accessed solely by the number of users as specified in the registration process. The Services may be only accessed by You, and must be in accordance with the conditions set forth in this Agreement.

 

3. USE OF THE SERVICES

 

You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the Exporia Documentation and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services without our written consent, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks, (g) disclose any passwords or user identification numbers issued to You.

 

 

4. Links to Other Sites and Agreement regarding receipt of notification.

 

4.1. Links on this Site may let you leave the Site and go to other websites. The linked sites are not under the control of the Company and the Company is not liable or responsible for the content, the accuracy thereof or any other aspect which may be related to a third party website or any link contained in a linked site. The Company hereby reserves the right to terminate any link or linking program at any time, based upon its sole and exclusive discretion. The Company does not endorse companies or products to which it is linked. Please note that should You proceed to access any linked Site, You do this entirely at Your own risk.

 

4.2. By using the Exporia platform you hereby agree to receive communication messages from us and/or from other users of the system via push messages, text messages, emails and/or video chats and/or conversations.

 

5. SUBSCRIBING TO THE SERVICE AND PRIVACY

 

You will subscribe to the Service in accordance with the terms of this Agreement. By using our services you understand and agree to the fact that any data and/or information you submit to us may be viewed by all other users of our services and there is no obligation of privacy regarding such information since the fundamental basis of the service is a virtual platform for the meeting of persons and entities and the exchange of information between them. It is hereby clarified that we have no control and/or responsibility as to the use other users may make of any information you submit via the system. Should you wish to cease using the system and have all the data you submitted being deleted from our systems, please send us an email to [email protected]

 

6. SUPPORT

 

This Agreement does not entitle You to any Support unless otherwise agreed .

 

7. PROPRIETARY RIGHTS

 

7.1. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

 

7.2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivative works based on the Services , (iii) copy, frame or mirror any part or content of the Services, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.

 

8. INTELLECTUAL PROPERTY

 

You shall not copy the Software and/or the Exporia platform and/or it manual(s) or any other written materials accompanying the Services. The Software and Documentation and all its intellectual property rights in the Software are and at all time shall remain the sole and exclusive property of the Company ( in accordance with the agreements signed by the Company and a third party development company) and are protected by the applicable intellectual property laws and treaties and by international copyright and intellectual property law. The Company hereby expressly reserves all rights in the Software and the Services, whether explicitly or not specifically granted to You. You hereby acknowledge, agree and accept that all rights, title and interest in the Software and Services will remain with the Company and that the Services and Software are licensed in a subscription basis and not sold to You.

 

9. Disclaimer.

 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT DEROGATING OF THE AFOREMENTIONED, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE FACT THAT THE SERVICE IS PROVIDED OVER THE INTERNET AND AS SUCH YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM THAT MAY ARISE IN CONNECTION WITH OR AS A RESULT OF ANY MALFUNCTION AND/OR DEFAULT AND/OR UNSUITABILITY IN THE INTERNET AND/OR THE CONNECTIVITY OF ANY PARTIES’ DEVICES TO THE INTERNET.

 

10. Indemnification by You.

 

You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a "Claim Against Us"), and shall indemnify Us for any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us; provided that We (a) promptly give You written notice of the Claim Against Us; (b) give You sole control of the defense and settlement of the Claim Against Us (provided that You may not settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.

 

11. LIMITATION OF LIABILITY

 

Limitation of Liability of the Company. IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY (I) INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS), (II) MATTER BEYOND ITS REASONABLE CONTROL, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS OR (IV) AMOUNT EXCEEDING 12 MONTHS OF SUBSCRIPTION FEES PAYABLE UNDER THE FORM AT ISSUE. In the event that any court of law shall find the Company liable, You hereby agree that such liability shall be also capped to the Company's premium in accordance with any insurance policy and that all elements of the insurance plan, including but not limited to any exceptions and exclusions, will limit the Company's liability. Furthermore, You hereby acknowledge that in the event that Your claim against the Company is less than the coverage provided in the Company's insurance policy, You will be limited to the said claim and not be entitled to receive the cap set forth in the insurance policy

 

No liability for use. You hereby agree that the Company shall have no liability of any kind for any use You make of the Services. You shall indemnify and hold the Company harmless from and against any claims, damages, liabilities, costs, damages, fees or expenses (including reasonable attorneys' fees) arising to Your use of the Services, including but not limited to, inter alia, a dispute between You and a third party over the terms and conditions of a contract related to the purchase/sale of any goods or services, a breach by You relating to any of the terms and conditions set forth in this Agreement, any action where you or a third party violates any law, regulation or rights of any third party, etc.

 

Release. You hereby acknowledge and agree that the Company is not a party to any actual engagement between you and vendors and/or any other third parties. As a result, the Company has no control over the quality, safety or legality of any such agreements between You and such vendors and/or third parties. You are wholly responsible for all activities conducted through the Services. The Company cannot and does not control whether or not vendors and/or third parties will complete their services or other obligations. Further, it is not commercially reasonable for the Company to authenticate the activities of the vendors and/or third parties and as such the Company cannot and does not confirm that each vendor and/or third party is who it claims to be. You release the Company from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with the vendors and/or third parties or the services provided by the vendors or third parties or any actions or omissions of a vendor or third party. In no case will the Company be liable for any legal actions brought against you by such vendors or third parties.

 

Furthermore you acknowledge that certain information ,data and documents received in connection with the Services are supplied by third parties related to you .The Company shall have no liability to such information ,data and documents including its acceptance authenticity, use adequacy, sufficiency, or freedom from defect. You release the Company from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information ,data ,and documents .

 

The above shall relate also to any information ,data and documents sent by you.

 

12. NOTICES, GOVERNING LAW AND JURISDICTION

 

Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim).

 

Agreement to Governing Law and Jurisdiction. This Agreement and all disputes arising from or relating to the interpretation thereof shall be governed by the laws of Israel. The competent courts of Tel Aviv shall have exclusive jurisdiction over any dispute that may arise under this Agreement.

 

The Services are intended for legal entities and individuals aged 18 years or older .