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Terms of Use

 

1. GENERAL

These terms of use (“Terms of Use“) set forth herein apply to any web site owned, operated, licensed, and/or controlled by GenCell Ltd. and/or its affiliates (collectively, “GenCell” or “We” and “Web Site” respectively).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using, accessing or browsing through the Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site.

Please note that GenCell reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Web Site to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the Web Site, shall constitute your consent to the new or revised Terms of Use.

 

2. WHO CAN USE THE WEB SITE

GenCell’s services/products and Web Site are not directed to users younger than the age of 13. It is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Web Site. Any person who provides their personal information through the Web Site represents to us that they are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or guardian, and are fully able to enter into these Terms of Use, and to abide by and comply with these Terms of Use.

 

3. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information, content and/or material posted on the Web Site (“Materials”) are the property of GenCell, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, post (unless where specifically permitted by us), transmit, or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of GenCell’s copyright and other proprietary (including intellectual property) rights.

 

4. OUR PRIVACY POLICY

Your privacy is important to us. Please refer to our Privacy Policy which can be viewed at: http://www.gencellenergy.com/en/privacy-policy/
, for information on how GenCell collects, uses and discloses personal information from its Users (“Privacy Policy”). Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

 

5. PATENTS

Without limiting any of the foregoing or hereunder, GenCell’s or any of its affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and GenCell and/or its affiliates reserves all such rights.

 

6.TRADEMARKS

Without limiting any of the foregoing or hereunder, GenCell’s logo and other trademarks included in the Web Site are trademarks of GenCell. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by GenCell.

 

7. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

GenCell is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Therefore:

  • Copyright Complaints

If you believe that anything on the Web Site infringes upon any copyright which you own or control, you may file a notification of such infringement by writing to team@gencellenergy.com. GenCell will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, GenCell will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

  • Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, GenCell may terminate, in appropriate circumstances and at GenCell’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. GenCell may also at its sole discretion limit access to the Web Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

8. DOWNLOADS

Any download of data and/or files from the Web Site shall be at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or to your downloading of any material posted on it, or on any website linked to it.

 

9. LINKING TO THE WEB SITE

Unless you have a written agreement or a specific consent in effect with GenCell which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that GenCell is affiliated with any person or entity, or that GenCell otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with GenCell’s name and trademarks; (c) all links to the Web Site  must “point” to the URL “http://www.gencellenergy.com/” and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a “frame” on the linking web site, or any other Web Site.

Without limiting any of the above, GenCell reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.

 

10. SOCIAL MEDIA LOGIN

We may allow you to login or otherwise use the Web Site through social media networks login services, such as Facebook Connect or Google+ (“Social Media Login”). If you choose to login through a Social Media Login, you agree to the terms and conditions of such social media network. You acknowledge that the use of Social Media Login to login for the Web Site may provide GenCell with access to certain information and data that you have provided social media network (according to the terms and conditions of such social media network) and you expressly agree to GenCell’s use of such data or information in accordance with these Terms of Use and our Privacy Policy. We have the final discretion in granting accounts and reserve the right to reject users without explanation.

You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. You agree to immediately notify GenCell of any unauthorized use of your account or password (if applicable). GenCell will not be liable for any losses or damage arising from unauthorized use of your account or password.

 

11. DISCLAIMER

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENCELL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

GENCELL DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GENCELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL GENCELL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY GENCELL.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

13. INDEMNIFICATION

You agree to defend, indemnify and hold GenCell and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Use.

 

14. THIRD PARTY’S CONTENT

To the extent that the Web Site contains links or any other information to outside services and resources, GenCell does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of GenCell.

 

15. NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of GenCell, constitute or imply an endorsement, recommendation or favoring by GenCell.

16. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

GenCell reserves the right to limit or revoke your access to this Web Site in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

 

17. PRIVACY POLICY

The privacy policy in connection to this Web Site is available at: http://www.gencellenergy.com/en/privacy-policy/.

 

18. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties will submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Court Tel-Aviv, Israel.

If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and GenCell with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. GenCell may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by GenCell of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

 

19. CONTACT US

Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us at team@gencellenergy.com.

 

These Terms of Use were last modified on: August 1st 2017