The terms and conditions as set forth below (hereafter: the "Terms") govern your use of this site on the world wide web. These terms constitute a legal contract between you and nSembler, ltd. (hereafter: "we" "us") Your access , and your use of the nSembler website located at www.nsembler.com (the "site") shall be subject to subject to all such terms. If you do not agree with any of these terms, please do not access or otherwise use this site and/or any of the services or any information contained on the site (hereafter: “services”). The use of this site and/or the services on this site shall be deemed to be your agreement to abide by each and every one of the terms set forth below. nSembler may make changes to the services offered on this site, at any time without notice, and nSembler can change these terms at any time. Your use of the site after any such change has been introduced shall be deemed as your approval of all changes.

 

If you do not agree to any of the terms herein, please do not use the nSembler Website. Your membership may be cancelled if you falsify any of your registration information to nSembler.

 

Upon registering with nSembler, you will create an Account (become a Member) with nSembler by providing your email address and password. You are responsible for maintaining the confidentiality of your Account. You are entirely and solely responsible for any and all activities that occur under your Account.

 

When a Member of the Services chooses to become a subscriber ("Subscriber"), he or she will choose a subscription type and enter all additional data as required, including payment information within their Membership Account. With respect to all Software and/or Services provided on a subscription basis, Subscriber agrees that nSembler may from time to time either increase or decrease the fee(s) at it's sole discretion, for all or any portion thereof, and that any such adjustment, when made by nSembler, shall apply effective as of the expiration of the then-current subscription term. If Subscriber objects to any fee change, Subscriber's sole remedy shall be to elect not to renew the Software or Service upon the expiration of the then-current subscription term.

 

By using the Website, you may submit your own Content or make use of the Content available at the Website. The word Content encompasses without limitation photos, artwork, data, images, sounds, videos and files owned, controlled by you, which you have provided or made available to nSembler under this Agreement, and/or is available at the Website for users to create nSembler movies or presentations (collectively the "Content"). You may also share your Content and invite other users to view your Content. You are solely responsible for your conduct and the Content that you submit, post, and display on your nSembler Movies.

 

By using the Website, you agree not to:

 

 

nSembler hereby declairs that it does not endorse any User Submission or any opinion, recommendation, or advice expressed by any User, and nSembler expressly disclaims any and all liability in connection with User Submissions. nSembler does not permit copyright infringing activities and infringement of intellectual property rights on its Website. Furthermore nSembler will remove all Content and User Submissions when notified that such Content or User Submission infringes on any another's intellectual property rights.

 

nSembler reserves the right to remove Content and User Submissions without prior notice. nSembler will also terminate access to its Website, from Users who are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. nSembler also reserves the right to decide whether any content or a User Submission is appropriate and complies with these Terms of Service regarding violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. nSembler may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

 

By accepting these Terms of Service, you must fully understand that the comments of others displayed, posted and used in connection with your Content as used herein ("Third Party Comments"), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. nSembler hereby expressly disclaims any liability for any Third Party Comments.

 

All names, images and logos identifying nSembler are proprietary marks of nSembler. Nothing contained herein shall be construed as conferring by implication or otherwise any license or grant any right to any trade mark or patent of nSembler.

 

All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of nSembler. By accessing the nSembler site, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without nSembler prior written permission.

 

You acknowledge and agree that nSembler shall have the right (a) to include any Third Party Comments on the Website and furthermore allow any and all forms of advertising, promotion, and publicity for the Content (the "Advertisements"), and (b) to broadcast and otherwise exploit the Content and the Advertisements containing Third Party Comments in any manner, by any method, and in any and all media, whether currently existing or hereafter developed, as long as such Content is included on the system. You expressly and hereby forever waive and relinquish all so-called "moral rights" associated therewith.

 

nSembler does not and can not warrant that the functions contained in this site will be completely uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. nSembler may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without prior notice or liability. nSembler shall not be liable for any loss of information, failure in presentation or any other malfunction of the site. Furthermore nSembler shall not be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising.

You hereby agree that: (i) the nSembler Website shall be deemed solely based in Israel; and (ii) the nSembler Website shall be deemed a website that does not give rise to jurisdiction over nSembler, in jurisdictions other than Israel. These Terms of Service shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws or principles. Any claim or dispute between you and nSembler shall be governed exclusively by the authorized court located in Tel Aviv, Israel. These Terms of Service, together with the privacy policy statment and any other legal notices published by nSembler on the Website, shall constitute the entire agreement between you and nSembler concerning the use of the nSembler Website.

 

You and nSembler agree that any cause of action arising out of or related to the nSembler website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.