Terms of Service
1. Your Relationship With eType
1.1. Your use of eType Services (as defined below) and eType website (the “Website”) is subject to the terms and conditions of this Terms of Use, which form a binding legal agreement between you and eType.
1.2. eType provides you with access to a variety of resources, such as auto-complete dictionary, translator, and online lexical databases, such Services are granted both as part of a software that can be downloaded by you, free of charge, from our Website (the “Software”) and online in our Website (collectively, the “Services”).
1.3. By entering and/or using the Website and/or the Software, you are consenting to be bound by these Terms of Use. If you do not agree to be subject to all of these Terms of Use, you are advised not to enter the Website or use the Services.
1.4. the use of the Software is governed by the Software’s End User License Agreement, which can be reviewed while downloading the Software, and by clicking on this End User License Agreement hypertext link.
1.5. You may not use the Services and may not accept the Terms of Use if you are not of legal age to form a binding contract with eType.
2. License and Access
eType grants you with an access and permission to make personal use of the Services or Website (the “Access”) and not to modify it, or any portion of it. This Access does not include any resale or commercial use of any of the Services or Website or its contents; any derivative use of any of the Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of the Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
3. Provision of the Services
In order to provide the best possible experience for its users, eType is constantly innovating its Website and Software, and therefore reserves the right to update the Terms of Use at any time. You acknowledge and agree that the Services may change from time to time without prior notice to you.
4. Use of the Services by You
You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5. Privacy And Your Personal Information
Protecting Your privacy is very important to eType. For information about our data protection practices, please enter eType Privacy policy, located at the bottom of our Website. You acknowledge that you have read and approved the Privacy policy of eType.
6. Content in the Services
6.1. eType Services (including the Software) are based on third party contents, such as dictionaries and online lexical databases )the “Content” and “Content Provider “as applicable), therefore, you acknowledge that using the Services compelling you with the terms of use of the Content Provider. Some, but not all, of the terms of use and licenses of such Content Provider can be viewed at the following links:
http://en.wiktionary.org/wiki/Wiktionary:Main_Page
http://www.gutenberg.org
6.2. You understand that the Content which you may have Access to as part of, or through your use of the Services, including the Software, is under the sole responsibility of the Content Provider.
6.3. You should be aware that all Content presented to you as part of the Services, may be protected by intellectual property rights which are owned by the Content Provider. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such third party Content (either in whole or in part) unless you have been specifically told that you may do so by eType or by the Content Provider, in a separate agreement.
6.4. eType is not responsible for the content on the Internet or World Wide Web pages of the Content Provider. eType makes no representations as to the quality, suitability, functionality or legality of any content of the Content Provider, and you hereby waive any claim that you may have against eType with respect to such content.
6.5. eType’s Services or Software may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such websites is at your own risk and you acknowledge and agree that eType shall not be liable for any type of said Content.
6.6. In addition eType may place taglines and promotion links for the Software or any other product of eType and/or any other third party at your accounts in social networks applications, email accounts and instant messengers applications. Such aglines may be disabled using eType setting tab. Without derogating from the above, it is hereby clarified that eType only publishes and promotes such products and therefore, shall have no responsibility, liability or warranty with respect thereof.
7. Proprietary Rights
7.1. You acknowledge and agree that, except as detailed under Section 6.3 above, eType owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, both in the Website and the Software (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2. Unless agreed in writing, nothing in this Terms of Use gives you a right to use eType or a Content Provider trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
7.3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.4. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
7.5. You may not frame or utilize framing techniques to enclose, or other proprietary information (including images, text, page layout, or form) of any of the Services or any part thereof. You may not use any meta tags or any other “hidden text” utilizing eType’s name or trademarks. You may not use eType’s logo or other proprietary graphic or trademark, including without limitation, as part of a link, without eType’s express written permission.
8. Warranties
8.1. eType’s Services and Software and all information, content, materials, products and services included on or otherwise made available to you through any of eType’s Services or Software are provided on an “as is” basis.
8.2. The warranties stipulated in the Terms of Use, constitute the sole warranties of eType and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of eType’s Websites or Services, not expressly granted by eType are hereby disclaimed.
8.3. ANY OF ETYPE’S WEBSITES OR SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; ETYPE AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF ETYPE’S WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, CLAIMS OR REPRESENTATIONS ARE HEREBY EXCLUDED.
8.4. eType makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free or that any information or data received on or through the Services will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties. eType makes no representations as to the suitability of the information delivered or received on or through the Services, including the translation and auto-complete services for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currentness.
8.5. eType shall not be responsible or held liable for any disturbances or malfunctions that any of eType’s Services, including the Website and, or the Software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
8.6. eType may suspend the Services, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Services, all at its sole discretion, without any prior notice. eType shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.7. eType’s Services and Software may include a pre-release “beta” version of its Services, including the Software, which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
8.8. You agree to indemnify, defend and hold harmless eType, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting made against eType by any third party due to or arising out of or in connection with your visit or use of any of eType’s Websites or Services.
8.9. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
9. Limitation of Liability
9.1. You acknowledge and agree that eType, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors shall have no liability in connection with or arising from your use or visit of any of eType’s Services or Software.
9.2. In no event will eType be liable to any user of the Services or other party affected by the Services or the Software, for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising out of the unavailability, use, reliance on, inability to utilize or improper use of the Services or the Software, and regardless of the form of action, whether in contract, tort, or otherwise.
9.3. Your only right or remedy with respect to any damage, problem or dissatisfaction in connection with any of eType’s Services or the use or visit thereof is to cease use of the Services and/or the Software.
10. Advertisements
10.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions; These advertisements may be targeted to the content of information stored on the Services and/or inserted by queries made through the Services or other information (the “Advertisement”).
10.2. The manner, mode and extent of the Advertisement are subject to change without specific notice to you.
10.3. In consideration for eType granting you access to and use of the Services, you agree that eType may place such Advertisement on the Services.
10.4. Sections 6.2, 6.3, 6.4, 6.5, 7.1 and 7.2 shall apply on said Advertisements, so that the provisions with respect to Content shall apply with respect to Advertisement, and that the provisions with respect to the Content Provider shall apply with respect to advertisers, mutatis mutandis.
11. General Legal Terms
11.1. You may decide to give us your e-mail address to receive certain communications from eType. We do not use your e-mail address to send you unsolicited e-mails. We may include advertisements in the e-mails that you receive from us. We hope you like receiving email from us – but if you prefer not to receive future e-mails, please click here to opt-out.
11.2. The Terms of Use, and your relationship with eType under the Terms of Use, shall be governed by the laws of Israel without regard to its conflict of laws provisions. You and eType agree to submit to the exclusive jurisdiction of the courts located within the Tel Aviv, Israel, to resolve any legal matter arising from the Terms of Use. Notwithstanding this, you agree that eType shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
11.3. Without derogating from or limiting our other remedies, eType shall have the right to immediately terminate your Access to or use of the Service in the event of any activities which are in breach of the Terms of Use or conduct which, in eType’s judgment, interferes with the operation or use of the Services.