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Terms of Service

20.05.2024

Welcome to Carbonatix. By deciding to continue to browse and use this website https://carbonatix.com/ (the “Website”) and by using our services (the “Services”) you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our Privacy Policy, govern Carbonatix’s relationship with you in relation to this website and the Services.

    1. Acceptance of Terms

Carbonatix (hereinafter: “Carbonatix”, “We” or “Us”) provides the Service (as defined herein) to you (“User” or “You”), subject to the following terms of service (hereinafter: “TOS”) which may be updated by Us from time to time without notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, or modifications that We may have made to these TOS. You can review the most current version of the TOS at any time at: https://carbonatix.com/terms-conditions Your use of the Service constitutes Your acceptance of the TOS.

    1. Service Description

Carbonatix is a leading technology provider of video and audio advertising solutions in the digital industry (hereinafter: the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall also be subject to these TOS. Carbonatix may change, suspend or discontinue any aspect of the Service at any time. Carbonatix may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. Carbonatix also may offer other services from time to time, which are governed by different terms of services, which are not related, directly or indirectly, to Us.

    1. Privacy Policy

Please review Our Privacy & Cookies Policy at: https://carbonatix.com/privacy to learn more about Our privacy practices.

    1. Copyright; Trademark

All materials contained in the Service are protected by copyright and are owned and controlled by Carbonatix and/or its affiliates. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from Carbonatix.

Carbonatix and other service marks, trademarks and logos displayed on the Service (hereinafter: the “Carbonatix Trademarks”) are the property of Carbonatix. or its licensors. You agree not to display or use the Carbonatix Trademarks in any manner.

Permission to use materials from the Service (hereinafter: the “Materials”) is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.

    1. Copyright Infringement

In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any of Our Services infringe upon Your copyright, You are welcome to provide Us with the following information in writing:

In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any of Our Services infringe upon Your copyright, You are welcome to provide Us with the following information in writing:

      1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material;
      3. Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted;
      4. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
      5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
      6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A claimed infringement can be contacted at: privacy@carbonatix.com A notice that fails to comply with the terms mentioned above may not be valid.

Please be advised that You may be liable for damages (including attorneys’ fees and other expenses) if You materially misrepresent or claim that information posted on Our website or by Our Services is infringing Your copyrights. Therefore, if You are uncertain whether certain materials infringe Your copyrights, We recommend that You first obtain qualified legal advice.

Notwithstanding anything contrary, You hereby agree and undertake that You shall, at all times, keep and respect these TOS and terms of service agreements and copyright rights of third parties.

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    2. Service Content and Information; Features

The Service contains, or may contain, information, advice, text, materials, pictures, video and other goods and services (collectively, the “Materials”) that are provided for Your convenience and enjoyment. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.

Please be advised, that often, the information displayed using Our Services is opinion and not fact. It is Your responsibility to independently verify any information which You intend to rely upon, and We expressly disclaim any responsibility with respect thereto.

Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.

We do not represent or warrant that every action You take regarding Your activities on the Service will be lawful in Your jurisdiction. It is incumbent upon You to know the laws that pertain to You in Your jurisdiction and act lawfully at all times when using the Service.

    1. Links

The Services may contain hyperlinks to other websites which are not included as part of the Services (hereinafter: “Other Site(s)”). If You use the hyperlinks to access these Other Sites, You will leave the Services and Your browser will be re-directed to the Other Sites. Carbonatix may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by Carbonatix of any Other Site or resources, or their content.

Notwithstanding anything to the contrary contained in this TOS, We reserve the right to deny permission to link to the Service from any Website for any reason in Our sole and absolute discretion.

    1. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CARBONATIX MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. CARBONATIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CARBONATIX DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN EVERY JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, CARBONATIX DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

CARBONATIX SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

    1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CARBONATIX BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR CARBONATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

    1. Indemnity

You agree to defend, indemnify and hold Carbonatix harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, Your use of the Service.

Notwithstanding the foregoing, Carbonatix retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Carbonatix herein under the terms and provisions of this Section 10 and in no event shall You settle any such claim without Carbonatix’s prior written approval.

    1. Governing Law

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. SOLE AND EXCLUSIVE JURISDICTION SHALL BE GRANTED TO THE COURTS OF TEL AVIV, ISRAEL.

    1. Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.