Revolver - Terms of Use
1. Acceptance. By using and/or visiting this website (collectively, including all Content available through the Revolver3d.com and freespin3d.com domain name, the "Website"), YOU SIGNIFY YOUR CONSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF THE WEBSITE'S PRIVACY STATEMENT, WHICH ARE PUBLISHED AT Revolver3d.com and freespin3d.com (the "Privacy Statement"), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website.
2. Website. These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Revolver Ltd. ("Revolver"). Revolver has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Revolver will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Revolver from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access.
A. Revolver hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not copy or distribute any part of the Website in any medium without Revolver's prior written authorization; (ii) you will not alter or modify any part of the Website; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. You may download the software found on the Company Site on a single computer in accordance license terms which accompany or are provided with the software.
C. In order to access some features of the Website, you will have to create an account and open a User File (as defined below) (together the "Account"). You may never use accounts other than your own Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account passwords secure. You must notify Revolver immediately of any breach of security or unauthorized use of your Account. Although Revolver will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Revolver or others due to such unauthorized use.
Please note that when entering and using the Site and when creating an Account you may be asked to provide personal details about yourself. Revolver takes reasonable precautions to secure any personal details but please note that it is not possible to guarantee the security of transmissions over the Internet so please when using the Site, we urge you to exercise appropriate discretion.
D. You agree not to use or launch any automated system, including without limitation, "robots", "spiders," "offline readers" etc., that accesses the Website in a manner that sends more request messages to the Revolver servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Revolver grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Revolver reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the Revolver public message boards or other communication systems provided by the Website for any commercial solicitation purposes.
4. Intellectual Property Rights. The content on the Website other than all User Files (defined below), including without limitation, the text, content of text, software, scripts, graphics, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Revolver, subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Revolver. Revolver reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with any features of the Website, and specifically security related features of the Website or features that prevent or restrict use or copying of any User Files (as defined below) and/or use of Content or enforce limitations on use of the Website or any User Files (as defined below) and/or the Content.
5. User Files.
A. The Website enables its users to submit certain files which will be manipulated by the software used at the Website ("User Files").
B. You shall be solely responsible for your own User File. In connection with User File, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User File to enable submission of such User Files and use of the Website and the Content in the manner contemplated by the Website and these Terms of Use.
C. In connection with the User Files, you further agree that you will not use material that is copyrighted, confidential, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner. Revolver expressly disclaims any and all liability in connection with User Files. Without derogating from Revolver's right to terminate any Account for any or no reason, Revolver will also terminate an Account and the access to the Website, if they are determined to be an infringer.
6. Warranty Disclaimer. YOU HEREBY ACKNOWLEDGE THAT THE WEB SITE. THE SOFTWARE INCLUDED THEREIN AND THE RELATED MATERIALS ARE NOT FULLY TESTED AND HAVE NOT BEEN FULLY COMPLETED BY REVOLVER. THEREFORE, THE WEB SITE. THE SOFTWARE AND RELATED MATERIALS MIGHT CONTAIN DEFECTS, MIGHT FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND MIGHT PRODUCE UNINTENDED OR ERRONEOUS RESULTS.YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REVOLVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. REVOLVER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE USER FILES OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THIRD PARTIES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. REVOLVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REVOLVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability. IN NO EVENT SHALL REVOLVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THIRD PARTY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY THIRD PARTY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY THIRD PARTY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT REVOLVER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
REVOLVER MAKES NO REPRESENTATIONS THAT THE WEBSITE IS LEGALY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE WEBSITE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
8. Indemnity. You agree to defend, indemnify and hold harmless Revolver, its parent corporations and subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Files caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
9. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use the Website.
10. Assignment. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Revolver without restriction.
11. General. You agree that: (i) Revolver may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. (ii) The Website shall be deemed solely based in Israel; and (iii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Revolver, either specific or general, in jurisdictions other than Israel. These Terms of Use shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Revolver that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Tel Aviv - Jaffa. These Terms of Use, together with the Privacy Statement and any other legal notices published by Revolver on the Website, shall constitute the entire agreement between you and Revolver concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Revolver's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Revolver reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND REVOLVER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.