Last Updated: March 18, 2021
Welcome to OneView!
(A) These terms and conditions in their entirety; and
(B) Any supplemental terms or policies in this Agreement which are stated to be incorporated into this Agreement.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.
THESE TERMS APPLY ONLY TO WEBSITE ACCESS. OUR PRODUCTS AND SERVICES ARE PROVIDED PURSUANT TO A SEPARATE AGREEMENT AVAILABLE AT TIME OF PURCHASE. YOU MUST ACCEPT THE SEPARATE AGREEMENT BEFORE YOU MAY USE ANY OF OUR PRODUCTS OR SERVICES.
This Agreement is a binding agreement between you and OneView.Space Ltd., an Israeli corporation located at 116 Menachem Begin, Tel Aviv, Israel (“OneView“, “we“, “us“, and “our“). However, at OneView’s sole discretion, any OneView obligation may be performed (in whole or in part), and any OneView right or remedy may be exercised (in whole or in part), by an OneView Affiliate (defined below).
OneView reserves the right to modify this Agreement at any time by posting the modified Agreement at this page . Such modifications will be effective ten (10) days after such posting (unless we specify a later effective date). In such cases, we will also update the “Version” and “Last Updated” details set forth at the beginning of this Agreement.
This Agreement contains a range of capitalized terms, some of which are defined in this Section and some of which are defined elsewhere. The Section headings in this Agreement are for convenience of reading only and may not to be used or relied upon for interpretive purposes.
“OneView Affiliate” means, with respect to OneView, any organization or entity controlling, controlled by, or under common control with OneView, where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, organization or entity, whether through the ownership of voting securities, by contract, or otherwise.
“OneView Materials” means, collectively, the Website and any Content appearing or displayed on or in the Website.
“Content” means any text, data, information, images, graphics, sounds, videos, audio clips, links, and/or similar materials and content.
“Dispute” means any claim, dispute or controversy under, or otherwise in connection with, this Agreement.
“Intellectual Property” means any and all inventions, discoveries, improvements, works of authorship, technical information, data, technology, know-how, show-how, designs, drawings, utility models, topography and semiconductor mask works, specifications, formulas, methods, techniques, processes, databases, computer software and programs (including object code, source code, APIs, and non-literal aspects), algorithms, architecture, records, documentation, and other similar intellectual property, in any form and embodied in any media.
“Intellectual Property Rights” means any and all rights, titles, and interests in and to Intellectual Property (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) and includes without limitation patents, copyright and similar authorship rights, personal rights (such as Moral Rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as: (a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights; and (b) all goodwill associated with the foregoing rights.
“Law” means any federal, state, foreign, regional or local statute, regulation, ordinance, or rule, in any jurisdiction.
“Moral Rights” means any rights of paternity or integrity, or any right to claim authorship of a work, to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, any work, whether or not such would be prejudicial to the honor or reputation of the creator of the work, and any similar right, existing under judicial or statutory Law of any jurisdiction, or under any treaty.
For such time as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Website solely for your own personal and non-commercial use, and provided that you comply with this Agreement. Except for the foregoing right, OneView does not grant you any right or license to any of OneView’s or a third party’s Intellectual Property Rights.
As a condition to your right to access and use the Website, you shall not (and shall not permit or encourage any third party to) do any of the following, in whole or in part: (a) copy or reproduce any OneView Materials (such as by screen scraping); (b) sell, assign, lease, lend, rent, distribute, or make available any OneView Materials to any third party, or otherwise offer or use any OneView Materials in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, any OneView Materials; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in any OneView Materials; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of any OneView Materials; (f) make a derivative work of any OneView Materials, or use any OneView Materials to develop or create any service, product, or Content that is the same as (or substantially similar to or competitive with) any of the OneView Materials; (g) publish or transmit any “robots” or “spiders” (such as web crawlers), virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt any OneView Materials; (i) take any action that imposes or may impose (at OneView’s sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Website; and/or (j) use any OneView Materials to infringe, misappropriate or violate any third party’s Intellectual Property Rights (as defined below), or any Law.
OneView permits you to link to the Website provided that: (i) you link to (but do not replicate) any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with OneView or present any false information about OneView, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior written consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Website does not contain Content that is offensive or controversial (both as determined at our discretion), that infringes, misappropriates, or violates any Intellectual Property Rights; and (vi) you, and your website, comply with this Agreement and applicable Law.
As between you and OneView, OneView is and shall remain the sole and exclusive owner of all right, title, and interest (including, but not limited to, all Intellectual Property Rights) in and to:
(a) The OneView Materials, as well as any computer programs (including APIs), databases, or other Intellectual Property underlying, operating, or otherwise embodied in any OneView Materials; and
(b) The trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos displayed on contained on or in any OneView Materials (“Trademarks“).
You acknowledge that the items in paragraphs (a) and (b) above may be protected by Intellectual Property Rights treaties and Laws. Without limiting paragraph (b) above the name OneView, and its logo, are the Trademarks of OneView or any OneView Affiliate. Other Trademarks displayed on contained on or in any OneView Materials may be owned by third parties.
Except for the limited right granted to you in Section 2 (Website Access), OneView and its licensors reserve all rights in and to their respective Intellectual Property Rights.
THE ONEVIEW MATERIALS ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND AT YOUR SOLE RISK, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY ONEVIEW AND ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONEVIEW OR AN ONEVIEW REPRESENTATIVE, SHALL CREATE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION.
IN ADDITION, NEITHER ONEVIEW NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION:
(A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY ONEVIEW MATERIALS;
(B) THAT YOUR USE OF, OR RELIANCE UPON, ONEVIEW MATERIALS WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS;
(C) THAT ONEVIEW MATERIALS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED; OR
(D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.
The above disclaimers apply to the maximum extent permitted by applicable Law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (fully or partially) applying to you (for example, some jurisdictions’ Laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and OneView agree that they will not apply to you.
IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR:
(A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
(B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, OR OTHER ECONOMIC LOSS;
(C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF COVER, OR OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE COMBINED AGGREGATE LIABILITY OF ONEVIEW AND ALL ONEVIEW AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED FIVE US DOLLARS (US$ 5).
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (SUCH AS, FOR EXAMPLE, IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OF LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE); (ii) EVEN IF A PARTY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (iii) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (iv) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT, TORT OR STATUTORY LIABILITY.
If any third party (including, but not limited to, a regulatory or governmental authority) makes or institutes any demand, claim, suit, action or proceeding against OneView, an OneView Affiliate, and/or any of our or their respective directors, officers, employees, or representatives (each, an “Indemnitee“), and it is based upon or arises from any breach by you under this Agreement (in each case, an “Indemnity Claim“), then, upon written request by OneView (to be decided in its sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (a) OneView reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with OneView’s defense counsel and activities at your own cost and expense; and (b) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).
In addition, and regardless of whether (or the extent to which) you controlled or participated in the defense and/or settlement of an Indemnity Claim, you agree to indemnify and hold harmless the Indemnitee(s) for and against: (A) any costs and expenses (including reasonable attorneys’ fees) incurred by the Indemnitee(s) in the defense of the Indemnity Claim; and (b) any amounts awarded against, or imposed upon, the Indemnitee(s) under such Indemnity Claim, or otherwise paid in settlement of the Indemnity Claim (including, but not limited to, any fines or penalties).
This Agreement (including without limitation its validity), and the relationship between you and OneView, shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to any conflicts of laws rules or principles. The courts located in Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction over any Dispute, and the parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue, provided that OneView may seek injunctive relief in any court of competent jurisdiction.
Regardless of any Law to the contrary, any claim or cause of action arising under, or otherwise in connection with, this Agreement must be filed within ONE (1) YEAR after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever.
This Agreement is effective until terminated by OneView or you. OneView, in its sole discretion, has the right to terminate this Agreement and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of this Agreement). OneView shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of this Agreement, you shall cease all use of the Site. This Section 11 and Sections 6 (Intellectual Property), 7 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law; Jurisdiction and Venue), 12.7 (Privacy), and 12.10 (Relationship) shall survive termination of this Agreement.