3D OPTIX TERMS OF USE

 

IMPORTANT INFORMATION: These Terms of Use (the "Terms", in short) constitute a binding agreement between us, Optomechanic Cube Ltd. An Israeli Company No. 515666444 (“3D Optix”, “we”, “us” or “our”), with offices at 59 Haim Levanon St. Tel Aviv ”) and you and govern your access to and use of our website and the services provided therein (the "Platform") and your Account (if applicable). Please read these Terms carefully before using the Platform or activating your Account.

Notwithstanding anything herein to the contrary, we reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 3 days following the posting of the modification to our Platform, and will apply to causes of action arising after the effective date of the change. You should continue checking the Platform for changes, as your continued use of our Platform following the posting of changes to these Terms will mean that you accept such changes.

1.       DEFINITIONS:

“Account” means an electronic account in your name in order to provide access and to use the Platform.

“User” is any individual visiting or using the Platform, including but not limited to any holder of an Account, and including you.

2.       THE 3D OPTIX PLATFORM

Our Platform provides an on-line ray optics simulation and design tool, which may enable you to create better optical designs with higher efficiency. You can find out more information about the Platform and its features here: www.3doptix.com.  

It is hereby clarified that any information contained on the Platform is merely a general simulation and is not necessarily true or accurate. The simulations are based on general assumptions, without considering your specific set up, design or circumstances, and do not constitute validation or advice as to the actual results of any set up or design. The information provided is not intended to replace or serve as substitute for actual design or set up. Before acting on any information on this website, you should consider whether or not such information is appropriate, relevant and applicable to your circumstances (as you should also consider with respect to any product or service displayed or offered to you, as a result of your use of the Platform).

Changes to our Platform; Platform availability

We may, at our discretion, for any reason, update and change the Platform and the services and products available in the Platform from time to time. Such change may include redesign or modification of the organization, structure, specifications, “look and feel,” navigation, features and other elements of the Platform, the services and products, or any part thereof, as well as any other changes.

We do not guarantee that the Platform, or any service, product or content provided, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.  

3.       YOUR ACCOUNT WITH US

In order to sign up to the Platform, you need to create an account with us.

We reserve the right to suspend or deny your access to the Platform or your Account if we reasonably believe you are in breach of these Terms for any reason whatsoever in our sole discretion.  

You hereby represent and confirm that you are of the minimum required age to use our Platform under applicable law, and that to the extent that you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms and our Privacy Policy on your behalf.

Creating an Account

• You are solely responsible for any activity that occurs in your Account and to keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account, by an e-mail to info@3doptix.com. You will be liable for any use made of your Account or password and for our or others' losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your Account.
• You must be 18 (eighteen) or older to register to the Platform.
• You must be an individual person to register on the Platform. By using the Platform, you represent that you are not acting on behalf of a corporation (or any legal entity other than using it personally). 
• When signing up for the Platform, please provide accurate information about yourself. You may not use false information or impersonate another person or entity through your Account. You may not transfer your Account to anyone else. With your registration, you authorize 3D Optix, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address and verifying your information against third party databases or through other sources.

4.       YOUR USE OF THE PLATFORM

•  License to You

Subject to these Terms and our policies (including policies made available to you within the Platform), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and use our Platform on; and (ii) download set up(s) that you design via the Platform to; a mobile device or computer that you own or control, solely for your own personal purposes.

You acknowledge that your use of the Platform grants you no rights in or to the Platform or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to use the Platform in accordance with these Terms.

• Content and Marks

All content on the Platform, including without limitation, specifications, measures, designs, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, videos, drawings, diagrams, illustrations, audio sequences, graphics, interactive features, services, and any other content on the Platform ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us.

Content in the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.

“3D Optix”, the 3D Optix logo, and other Marks are trademarks of 3D Optix or our affiliates’ Marks. All other trademarks, service marks, and logos used on our Platform are the trademarks, service marks, or logos of their respective owners.       

This section shall survive any termination of these Terms. 

Unauthorized use

You will and you agree to:

(i)      review and comply with these Terms and the Privacy Policy;

(ii)     comply with all applicable laws in connection with your use of the Platform. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

(iii)    provide accurate information to us and update it as necessary; and

(iv)    act honestly and in good faith.

You agree NOT to:

(i)  Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts, through or in connection with the Platform.

(ii) use or attempt to use another's Account or create a false identity;

(iii) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Platform except as permitted in these Terms, or as expressly authorized by us;

(iv) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to enable the Platform, or any part thereof;

(v) utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;

(vi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors');

(vii)   collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Platform (except if the owner of such information has expressly permitted the same);

(viii)  share other users' or third party's information without their express consent;

(ix) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;

(x) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, "cache", “spider” or any web page or other service contained in our Platform, or to access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

(xi) use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform;

(xii)   access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;

(xiii)  engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;

(xiv) attempt to or actually access the Platform by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Platform using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;

(xv)  attempt to or actually override any security component included in or underlying the Platform; or

(xvi) Interfere or disrupt the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.

Notice

In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

5.       THIRD PARTIES' LINKS, WEBSITES, AND SERVICES

You may click-out of our Platform, when you click on a link to a product, or references to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We may or may not be affiliated with those websites, however, we have no control over those websites and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

If you access any third party's website, service, or content from our Platform, you do so at your own risk. By using the Platform, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability or responsibility arising from your use of any third-party website, information, materials, products, or services, including any responsibility for monitoring any transaction between you and such third-party, other than as provided herein. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Accordingly, we encourage you to be aware when you have left the Platform and to read the terms and conditions and privacy policy of each other website that you visit.

3D Optix participates in affiliate programs. If, following your use of the Platform, you decide to access certain third-party websites and make use of the information contained therein, or enter into any agreement for the supply of services from such third-party, this may benefit us and cause us to earn a commission from our participation in such affiliate programs.

3D Optix disclaims any obligation to review or ensure the accuracy or legality of any other website accessible through a link on this website. Such links are provided solely for the User's convenience. We do not control and are not responsible for any of these sites or their content.

We specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental or consequential damages arising out of or in any way connected with the access to or use of this website.

6.   DISCLOSURE

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

(i)       satisfy any applicable law, regulation, legal process, subpoena or governmental request;

(ii)      enforce these Terms, including investigation of potential violations of it;

(iii)     detect, prevent, or otherwise address fraud, security or technical issues;

(iv)    cooperate with law enforcement authorities or prevent child exploitation; 

(v)     respond to user support requests; or

(vi)    protect our, our users' or the public's rights, property or safety.

7.   DISCLAIMER

The content and information available through the Platform (the “Information”) is provided to you for your personal information, evaluation and estimation purposes only and should not be construed as true, correct, accurate or as professional advice. It is not intended as an offer, solicitation, invitation or inducement for the purchase, sale or holding of any product or service in any jurisdiction. The Platform may contain assessments, assumptions, forward-looking statements, forecasts, estimates and projections.  We do not represent or warrant that such assessments, assumptions, forward-looking statements, forecasts, estimates and projections are true, correct, accurate or will be achieved.

3D Optix makes no representation or warranty as to the accuracy, completeness, timeliness or reliability of the Information and the contents of the Platform, and other than as required under applicable consumer protection law, 3D Optix accepts no responsibility for errors or misstatements, negligent or otherwise and under no circumstances will 3D Optix be liable for any loss or damage whatsoever caused by a user's reliance on information obtained from the Platform, including from use of tools, designs or set ups.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF USING THE PLATFORM.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.

8.       LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED $10.

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

9.       ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

10.   INDEMNITY

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.

This defense hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform.

11.   TERMINATION OR SUSPENSION OF YOUR ACCOUNT

You may terminate your use of our Platform at any time by deleting your Account.

12.   GOVERNING LAW AND JURISDICTION

These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.

13.   SURVIVAL

Sections ‎6 to ‎14 shall survive any termination of these Terms and your use of the Platform, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.

14. GENERAL

We reserve the right to discontinue or modify any aspect of the Platform at any time. These Terms, together with the Privacy Policy, and any other legal notices published by us on the Platform, shall constitute the entire agreement between us concerning the Platform. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

All content of the Site is Copyright © 2019 Optomechanic Cube Ltd. All rights reserved.