Page: Terms of Use - PrintBI

Terms of Use

Thank you for visiting https://www.print-bi.com/ (the “Site”). The terms of use listed below (the “Terms”) constitute the entire agreement between you and Swathly, Ltd. (“Swathly” or “PrintBI,” “us”, “our”, “we”), PrintBI’s parent company. These Terms govern your access and use of the Site and any related mobile application or software whether existing now or in the future (collectively, the “Services”). The Services provide information and consulting relating to selling to printing companies and vendors to the print industry. By using the Services you signify your assent to both these Terms and our Privacy Policy, which is available at www.print-bi.com/privacy. Changes may be made to these Terms from time to time. Your continued use of the Services will be deemed acceptance to any such amended or updated Terms. If you do not agree to any of these Terms, please do not use the Services. If you are acting on behalf of a legal entity, you confirm that you accept these Terms as an individual and on behalf of such entity and have the authority to enter into this agreement on its behalf. By using the Services, you acknowledge that you have read, understood and agreed to these Terms and the Privacy Policy.

General Information

Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Services on a non-exclusive basis. PrintBI may change, modify or update the Services at any time without prior notice to you including removing or changing functionality. We may at any time without prior notice impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated).

How the Services Work

We combine different types of Services related to the printing and packaging industry. This includes a smart search engine and database containing thousands of printing businesses and print shops where you can search and filter by country, segment, printing product, service, industry, and brand. In addition, we offer Services intended to help vendors find customers most likely to benefit from their products and services.

Account

In order to use our Services, you might be asked to register with your email address, a password, and other information. When you register with us, you represent that all information is truthful and correct and that you shall keep such information up to date. If you believe your account has been accessed by an unauthorized person, you agree to immediately notify us at info@print-bi.com. You should not reveal your password to anyone else. We will not ask you to reveal your password. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. PrintBI will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold PrintBI harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at info@print-bi.com that your account has been compromised, and have requested us to block access to it. We reserve the right to terminate without notice the account of any Company we have reason to believe may be using the Services either fraudulently, in bad faith or in violation of these Terms.

Restrictions

You agree to use the Services solely for your own personal use, but you shall not, nor allow any third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party. You shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; (c) modify, frame, or create derivative works of the Services, or remove any copyright or other notices displayed by the Services; (d) scrape the content and information listed in the Services to create a competing Service with PrintBI. To the extent any of the restrictions set forth in this section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above. You must use the Services in accordance with all applicable law.

Responsibilities

You agree to use any information provided by PrintBI only in appropriate and legal ways. Any violation by you of these requirements may result in the immediate termination of your account. PrintBI will not hesitate to take additional legal action where appropriate.

Feedback

We encourage your feedback regarding our Services. PrintBI may use all such feedback without restriction and shall not be subject to any non-use obligations in respect of such feedback.

Intellectual Pro

PrintBI and its licensors own the Services, including all worldwide intellectual property rights in the Services and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of PrintBI or any third party. You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about Users of the Services; or (e) use or access another User account or password. Nothing in these Terms grants you any right to use any of PrintBI’s assets or any third party’s assets.

Privacy

You understand that PrintBI collects the data you provide when you use the Services, which data includes information that may personally identify you (the “Data”). PrintBI may make all use of the Data as set forth in the PrintBI Privacy Policy, which can be found at http://www.print-bi.com/privacy.

Third PartWebsites and Advertisers

The Services may contain links to third-party websites, advertisers, or Services that are not owned or controlled by PrintBI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. If you access a third-party website from our Services, you do so at your own risk, and you understand that these Terms and PrintBI’s Privacy Policy do not apply to your use of such sites. You agree that PrintBI will not be responsible for any loss or damage of any sort relating to your dealings with such third party websites. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or services that you visit. Notwithstanding the foregoing, PrintBI accepts no responsibility or liability for the actions, omissions, terms of use or privacy policies of any third party website.

DMCA Notice

The policy of PrintBI is not to infringe or violate the intellectual property rights or other rights of any third party, and PrintBI will remove material appearing on the Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), PrintBI will remove any User Content if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of PrintBI is to terminate the account of repeat infringers in appropriate circumstances. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting info@print-bi.com. PrintBI accepts no responsibility or liability for the content of any site included in any User Content, or otherwise linked to by the Services, or for the User’s use of such User Content. PrintBI reserves the right to remove any User Content without prior notice to you, any other user, or any third party.

Indemnification

Users will defend, indemnify and hold harmless PrintBI from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which PrintBI may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any (a) breach of these Terms by you anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRINTBI MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SERVICES, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SERVICES ARE LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. PRINTBI IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM OTHER USERS’ ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR USER CONTENT, IDENTITY OR PERSONAL INFORMATION. PRINTBI MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY SUCH AS BUSINESSES OR ANY OTHER PLACE LISTED OR RECOMMENDED BY OUR USERS OR BY US ON OR THROUGH OUR SERVICES. ACCORDINGLY, PRINTBI IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM SUCH THIRD PARTIES’ ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE THE COMPANIES LISTED, RECOMMENDED OR ACCREDITED ON THE SERVICES. PRINTBI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY COMPANIES LISTED, RECOMMENDED OR ACCREDITED ON THE SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRINTBI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT A USER WILL FIND THAT THE SUGGESTIONS PROVIDED BY PRINTBI AND/OR THE SERVICES WILL ACCURATELY REFLECT THE NEEDS OF ANY USER. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

Limitation of Liability

Under no circumstances will PrintBI be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Services; (b) your use of, inability to use, or the performance of the Services; (d) any action taken in connection with an investigation by PrintBI or law enforcement authorities regarding your or any other party’s use of the Services; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Services’ operation; or (g) any damage to any Companies’ computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if PrintBI has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Services). In no event will PrintBI be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will PrintBI’s total liability to you for all damages, losses or causes of action exceed one hundred United States dollars. PrintBI is not responsible for the actions, content, information, or data of third parties including but not limited to the other Companies, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Term

The term of this agreement will commence on the date you accept these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 7 days, provided, however, that PrintBI may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that a Company is using the Services in violation of these Terms or any applicable law, rule or regulation. Sections 2– 22 will survive the termination or expiration of these Terms for any reason.

Miscellaneous

We may provide any required notices to the email address, fax number or by first class mail or other contact information you provided upon registration with PrintBI. Notices sent by email will be deemed received when they are sent by us. Notices sent by fax will be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail will be deemed received 10 days after sent by us. PrintBI and Company are and intend to remain independent parties. Nothing contained in these Terms will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party will hold itself out as an agent, partner or employee of the other. Neither party will have any right to bind the other party. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any defaults hereunder or of any of the terms and conditions of these Terms will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. PrintBI may assign its rights or obligations pursuant to these Terms. Company agrees not to assign any rights under these Terms; any attempted assignment will be null and void. If any provision of these Terms will be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability will not affect the validity or enforceability of any other part or provision of these Terms which will remain in full force and effect. These Terms will be governed by the laws of Israel without reference to its conflict of law provisions, and the competent courts in Tel Aviv-Yaffo will have exclusive jurisdiction to hear any disputes arising hereunder.