Introduction

 

Welcome to HotVisitor Ltd, it's website ("Website") †and the service of HotVisitor ("Service"). Please read the following Terms of Use carefully before using our service or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to HotVisitor Ltd and its affiliates and subsidiaries (individually and collectively, "HotVisitor").

 

By using our Service and service you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this service on your computer also abides by the Terms of Use. HotVisitor has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Service shall be deemed irrevocable acceptance of those revisions. You can find the latest version of these Terms of Use at http://www.HotVisitor.com/terms.html at any time. We may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability.

 

Privacy

 

Your privacy is very important to us at HotVisitor. To better protect your rights we have provided the HotVisitor Privacy Policy to explain our privacy practices in detail.

 

Warranties, Disclaimers and Limitation of Liability

 

The Website and all content and materials on it are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HotVisitor disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.

 

Without limiting the foregoing, HotVisitor does not represent or warrant that:

 

(i) the Service will be accurate, reliable, uninterrupted, secure or error-free;
(ii) defects in the Service will be corrected;
(iii) the Service or the server that makes it available are free of viruses or other harmful components.
(iv) your website will function properly after our HTML code is inserted into it.

 

LIMITATION OF LIABILITY. IN NO EVENT SHALL HOTVISITOR, ITS AFFILIATES, ITS LICENSORS OR THE HOTVISITOR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

 

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU;
(ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND
(iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS'

WEBSERVICES AND/OR ANY OTHER THIRD PARTY WEBSERVICES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSERVICES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS.


THE LIMITATIONS ON HOTVISITOR'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT HOTVISITOR, ITS AFFILIATES OR THE HOTVISITOR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

 

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF HOTVISITOR FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF HOTVISITOR, THE HOTVISITOR STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

 

Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

 

Term of Use

 

These Terms of Use are effective until terminated by either you or HotVisitor as set out below. You may terminate your agreement with HotVisitor at any time by ceasing to use the Service.

 

HotVisitor may terminate its agreement with you at any time if you have breached any term or condition of these Terms of Use. In such event, no notice shall be required by HotVisitor to effect such termination. Upon termination of these Terms of Use, you agree to cease using the Service.

 

Web Site

 

The Website may includes hyperlinks to other websites and content and introduces you to various third party merchants ("Merchant(s)") whose products and services may be purchased on the Merchants' websites.


Your use of each of these third party website is subject to the terms and conditions posted on the applicable website. HotVisitor has no control over such third party websites and the inclusion on the Service of a hyperlink to any third party website is not an endorsement by HotVisitor of such website, or to any content, products or services available on it.


You acknowledge and agree that:


The product information and pricing that is shown on the Website regarding third party products and services is given to HotVisitor by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at anytime.

HotVisitor is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Website. HotVisitor does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' website; (iii) the availability of the Merchant's website; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' website, nor any listing or other content about such products and services displayed on the Service; (v) links to the Merchants' website that are featured on the Website.


Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

 

Online Behavior

 

Please exercise respect when participating in any of HotVisitor's Services or community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of the Website ("User Materials"). You may not submit or publish through HotVisitor any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through HotVisitor that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

 

Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Service you automatically grant HotVisitor a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sublicensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Service, HotVisitor and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

You acknowledge and agree that: (i) by using the Service you may be exposed to content that you may find offensive or indecent and you use the Service at your own risk; (ii) you are solely responsible for, and HotVisitor has no responsibility to you or any third party for any User Materials that you create, submit, post or publish on the Service; and (iii) HotVisitor is not responsible for any User Materials that you may have access to through your use of the Service, and all User Materials are the responsibility of the person from whom such User Materials originated.

 

You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If HotVisitor receives any notification that any Third Party Content or any User Materials that you post or use are inappropriate, infringes any rights of any third party, or if HotVisitor wishes to remove any Third Party Content or User Materials posted by you for any reason whatsoever, HotVisitor reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by HotVisitor in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that HotVisitor is under no obligation to put back such content at any time.

 

Submissions

 

Certain parts of the Website may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the HotVisitor Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of HotVisitor. HotVisitor shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to HotVisitor will not be treated as confidential and HotVisitor shall not be liable for any disclosure of the Submissions.

 

Accounts and Security

 

HotVisitor does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

 

If you choose to receive assistance in implementing HotVisitor's service into your website, you will provide your web access information such as FTP or content management username and password.† You will change your access information after HotVisitor finish with the implementation.† HotVisitor does not warrant the functionality of your website nor that it will be free of viruses or other harmful components.

 

As part of the registration process, each user will select a password ("Password") and user name ("User Name"). You shall provide HotVisitor with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. Only chose a User Name that you have a right to use and don't include someone else's trade marks in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that HotVisitor, in its sole discretion, deems inappropriate or offensive.

You shall notify HotVisitor of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.


Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at HotVisitor's sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

Jurisdictional Issues

 

This Service is controlled and operated by HotVisitor. HotVisitor makes no representation that materials in the Service are appropriate or available for use in your location. Those who choose to access this Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Indemnity

 

You agree to indemnify and hold HotVisitor, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another person or entity.

 

Governing Law

 

By accessing this Service, you and HotVisitor agree that all matters relating to your access to, or use of, this Service shall be governed by and interpreted in accordance with the laws of Israel, and shall be subject to the jurisdiction of the courts of the district of
Tel Aviv.

 

Trademarks

 

HotVisitorô, associated trade marks and logos are trade marks of HotVisitor Limited.

HotVisitor's trade marks and trade dress may not be used in connection with any product or service that is not HotVisitor's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HotVisitor. All other trade marks not owned by HotVisitor or any of its related companies that appear on this Service are the property of their respective owners.

 

Copyright

 

The content and compilation of content included on HotVisitor's Website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of HotVisitor Limited and are protected by United States and international copyright laws.

 

Last revised April 17th, 2010.