Terms of Use

Last updated on June 29, 2022

Welcome to www.menschvc.com (the "Website", "we" or "us"). 

The following Terms of Use (these "Terms") govern your use of the Website, including all content and related services such as email newsletters and promotions. Please read these Terms carefully. 

Your use of the Website signifies your understanding and agreement to be bound by these Terms and to comply with all applicable laws, rules and regulations. If you do not agree to these Terms, you should not use the Website. You may not accept these Terms and use the Website if you are under the age of 18, if you are not qualified to create a binding legal agreement, or if the use of the Website is prohibited by any law applicable to you.

The Website

We take the protection of your personal information seriously. Please carefully review our Privacy Policy which explains how we collect your personal information and how we use it. Our Privacy Policy is hereby incorporated in these Terms by reference and forms an integral part hereof.

We may change, suspend or discontinue any aspect of the Website, at any time, including the availability of any service. We may also modify, limit, deny or impose limits on certain features and services or restrict access to the Website or to any part thereof. We will not have any liability whatsoever to you for any such action.

You agree to use the Website solely for your personal, informational and non-commercial use. 

You agree not to access (or attempt to access) the Website by any means other than through the interface provided by us. Without derogating from any other term of these Terms, you agree to use the Website solely for lawful purposes. You agree that you will not (i) engage in any activity that interferes with or disrupts the Website (or the servers and networks which are related to the Website); (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or third-party providers’) infrastructure; (iii) bypass any measures we may use to prevent or restrict access to the Website or to any part thereof; or (iv) provide any information, including but not limited to, email addresses or telephone numbers or any other information of others if you do not own or have permission to use such information.

Changes in the Terms 

We may change these Terms from time to time, without any notice to you. The revised Terms shall become effective immediately upon posting them on the Website. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Website shall constitute your consent to the new or revised Terms. To the extent that we have your e-mail address on record (subject to our Privacy Policy), we may use it to inform you of changes to these Terms. 

Limitation of Liability

We provide the Website using a commercially reasonable level of skill and care and we hope that you will find it useful, however, we make no promises or guarantees as with respect to your use of the Website. WE ACCEPT NO RESPONSIBILITY OR LIABILITY IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY INCONVENIENCE, LOSS, DAMAGE, COSTS OR EXPENSES HOWSOEVER INCURRED OR SUFFERED BY ANYONE AS A RESULT OF ANY INFORMATION CONTAINED IN OR PROVIDED BY THE WEBSITE (UNLESS SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW, AND IN SUCH A CASE, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW). 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE SYSTEMS OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE WEBSITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

AS THE WEBSITE IS PROVIDED FREE OF CHARGE, TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US$ 1.00.

If you are dissatisfied with any part of the Website, or with any term of these Terms, your sole and exclusive remedy is to discontinue using the Website.

Content and Proprietary Rights

You understand that all information, such as data files, written text, computer software, music, audio files or other sounds, photographs, illustrations, videos or other images (as well as advertisements and sponsored content within the Website) (together, the "Content") which you may have access to as part of, or through your use of, the Website are protected by copyright, patents, trademarks, trade secrets or other proprietary rights, and are exclusively owned or licensed by us or our licensors. You acknowledge and agree that we (or our licensors) own all right, title and interest in and to the Content and the Website. You may not use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (either in whole or in part). You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, duplicate, create new works from, distribute, perform, display or provide others with any part of the Content, in whole or in part. You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, prepare derivative works from, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application of the Website. Violation of these provisions may constitute breach of law (in addition to breach of these Terms) and may expose you to criminal liability. 

You may download, send, share by direct link or copy the Content and other downloadable items displayed on the Website only for personal use, provided that you maintain all copyright and other notices contained therein. Copying, sending, sharing or storing of any Content for other than personal use is expressly prohibited without our or the copyright holder’s prior written permission. In this respect you may not, without limitation, use any material or content provided within the Website that is subject to any third-party proprietary rights, unless you have a license or permission from the owner of such rights.

Third-Party Content and Services

The Website may include links to other websites, resources and advertisers and enable you to engage and procure certain third-party products, services, apps and tools. We have no control over these outside resources, and do not endorse any advertising, products, services or other materials on or available from such websites or resources. We accept no responsibility or liability for such resources or for their accuracy or reliability.

Indemnification

Your use of the Website constitutes your agreement to defend, indemnify and hold us and our affiliates, and our and their employees, contractors, officers, directors, agents and representatives, harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Website or the Content. This Indemnification section of the Terms shall survive termination of your use of the Website.

Applicable Laws and Jurisdiction

You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. The Convention on International Sale of Goods will not apply to the use of the Website. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Website resides solely in the competent courts in Tel Aviv, Israel.

Miscellaneous

Correspondence should be sent to mensch@menschvc.com.

You agree to report to us any copyright violation as soon as you become aware of it. In the event you have a claim of copyright infringement with respect to material or information contained on the Website, please notify us as soon as possible to: mensch@menschvc.com.

If any provision of these Terms shall be deemed 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. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and us relating to the subject matter herein. These Terms will inure to the benefit of our successors, assigns and licensees. You agree that a printed version of these Terms and of any notice which may be given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.