TERMS OF USE

 

AGT International GmbH, a company organized under the laws of Switzerland, with an address at Lintheschergasse 7, 8001, Zürich, Switzerland (“AGT”) is pleased to provide to you its website (the “Website”). These Terms of Use (“Terms”) govern your use and our provision of the Website.

 

PLEASE READ THESE TERMS CAREFULLY. ACCESSING OR USING THE WEBSITE CONSTITUTES ACCEPTANCE OF THE TERMS.

 

YOU AFFIRM THAT BY ACCESSING OR USING THE WEBSITE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU ARE USING THE WEBSITE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO HAS AGREED TO BE BOUND BY THESE TERMS.

 

 

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

1. Application of these terms

You must read and agree to these Terms before using the Website. If you do not agree, you may not use the Website. These Terms describe the limited basis on which the Website is available and supersede prior agreements or arrangements.

 

We may amend these Terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Website. If you do not agree to any change to these Terms, you must discontinue using the Website. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.

 

We may immediately terminate this contract with respect to you (including your access to the Website) if you fail to comply with any provision of these Terms.

 

2. The Website

The Website is for your personal, noncommercial use and is intended for informational purposes only. It does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes. The content of the Website does not constitute any offer.

 

The Website is our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Website is owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Website may be used or exploited in any way other than as part of the Website offered to you. You may own the physical media on which elements of the Website is delivered to you, but we retain full and complete ownership of the Website. We do not transfer title to any portion of the Website to you.

 

3. Content and Software License

If the Website is configured to enable the use of software, content, virtual items, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item, or other material for your personal, noncommercial use only.

 

Unless explicitly permitted under the law in your usual place of residence, you may not circumvent or disable any content protection system or digital rights management technology used with the Website; decompile, reverse engineer, disassemble, or otherwise reduce the Website to a human-readable form; remove identification, copyright, or other proprietary notices; or access or use the Website in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services, or brands. You may not access or use the Website in violation of export control and economic sanctions requirements of any country concerned. By downloading, installing, accessing or purchasing the Website, you represent and warrant that you are complying with those requirements.

4. Data Retention

Our Privacy Policy [please insert link] explains how we collect and use your personal information and provides information about the cookies that we use. AGT has no obligation to preserve your information and we may delete your information from our systems, without notice to you, once we deem it is no longer necessary for the above stated purposes.

 

5. Disclaimers and Limitation on Liability

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

 

WE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATURORY DUTY OR OTHERWISE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND PROPERTY DAMAGE, LOSS OF DATA, GOODWILL OR REPUTATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND SWISS FRANCS (CHF 1,000).

 

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

 

6. Changes to the Website

The Website is constantly evolving and will change over time. If we make a material change to the Website, we will provide you with reasonable notice and you will be entitled to terminate this contract.

 

7. Additional Restrictions on Use of the Website

We do not allow uses of the Website that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair, or damage the Website or connected network, or interfere with any person or entity’s use or enjoyment of the Website. Additionally, you agree not to access, monitor, or copy, or permit another person or entity to access, monitor, or copy, any element of the Website using a robot, spider, scraper, or other automated means or manual process without our express written permission.

 

8. Mobile Networks

When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Accessing or using the Website may be prohibited or restricted by your network provider, and the Website may not work with your network provider or device.

 

9. Your Content and Account

10. Additional Provisions

A. Transfer of data outside your territory

We operate globally and may transfer your personal information to locations around the world for the purposes described in this privacy policy. Those countries may have different, more or less protective privacy laws than those in your country. Wherever your personal information is transferred, stored or processed by us, we will take appropriate steps to safeguard the privacy of your personal information. Our Privacy Policy [please insert link] explains how we collect, use and protect your personal information.

B.  Claims of Copyright Infringement

 

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

 

Adv. Michal Brand Gold

8 Hasadnaot St., Herzeliya, Israel

MBrand-Gold@starmanagement.net

 

We are only able to accept notices in the languages into which these Terms are made available by us.

 

We will respond expeditiously to claims of copyright infringement committed using the Website that are reported to our Designated Copyright Agent, identified above, in accordance with the applicable Copyright Laws. Under U.S. Law the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) will be applicable.

C. Governing Law and Place of Jurisdiction

 

These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are GOVERNED BY SWISS LAW. You and AGT agree for all disputes between you and AGT or its affiliates, except disputes relating to the enforcement of AGT’ or its affiliates’ intellectual property rights, to the EXCLUSIVE JURISTICTION OF THE COMMERCIAL COURT OF THE CANTON OF ZURICH, SWITZERLAND. “Dispute” includes any dispute, action or other controversy between you and AGT concerning the Website or these Terms, whether in contract, tort, warranty, statute, or regulation, or other legal or equitable basis.

 

D. Severability

 

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In place of any provisions which are invalid or not incorporated in these Terms the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose.

E. Survival

 

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

F. Waiver

 

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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