By using, you represent, acknowledge and agree that you are at least 16 years of age. If you are not at least 16 years old, you may not use the Services at any time or in any manner.We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Orca provides content through the Services that is copyrighted and/or trademarked work of Orca or Orca’s third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, text graphics, video, images, photos, software and other content.You acknowledge that the Website and Services are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. Subject to these Terms, Orca hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials and to use the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.You may use the Services for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any part of the Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third-party or use the Services to provide time sharing or similar services for any third-party; (iii) make any copies of the Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; or (v) delete the copyright and other proprietary rights notices on the Services.Except for the limited rights expressly licensed in these Terms, Orca and its third-party licensors or suppliers retain all right, title, and interest in and to the Website and the Services. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Materials, or rights to any derivative works thereof.If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. Orca does not provide you with the equipment to access and/or use our Services.
When using any part of the Services, you agree not to:
Access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Orca at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 13; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) openly encourage users to click on banner ads or other sponsored links to support the site; or (v) infringe any right of any third party or violate any applicable law or regulation;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Orca or by applicable statutory law), modify or alter any part of the Services;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Improperly use support channels or complaint buttons to make false reports to Orca;
Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Orca or otherwise disparages or devalues Orca's reputation or goodwill;
Make representations with respect to Orca, not approved in advance and in writing by Orca. You shall obtain Orca's prior written approval to the content of any marketing message, and with respect to any use of Orca's trade name and/or trademarks and/or designs in connection with the Services;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Attempt to use the Services on or through any service that is not authorized by Orca. Any such use is at your own risk and may subject you to additional or different terms. Orca takes no responsibility for your use of the Services through any service that is not authorized by it;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
This list of prohibitions provides examples and is not exhaustive or exclusive. Orca reserves the right to terminate your ability to use the Services and/or, with or without cause and with or without notice, for any reason or no reason, or for any action that Orca determines is inappropriate or disruptive to the Services or to any other user of the Services. Orca may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Orca's discretion, Orca will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
You agree to indemnify and hold Orca and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Orca or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person on your behalf, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Disclaimer of Warranties
Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Orca, and they may include inaccuracies or other errors. Orca does not warrant the accuracy of timeliness of the Materials contained on the Services. Orca has no liability for any loss of, or errors or omissions in the Materials or any other portion of the Services, whether provided by Orca, our licensors or suppliers or other users.
ORCA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES AND THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ORCA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IN NO EVENT WILL ORCA BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF ORCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ORCA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST ORCA FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, ORCA IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ORCA'S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Local Laws; Export Control
You are responsible for following all applicable laws and regulations, including but not limited to laws and regulations regarding the transmission of technical data exported from the country in which you reside.
Third Party Materials
You may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Orca disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that Orca: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Orca of Third Party Materials or any such third party services.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of Orca's rights and remedies under these Terms and/or under law, Orca will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Orca cannot grant permission to use third party content.
Like many websites, we may use "cookies" to collect information. A cookie is a small data file that is transferred to your computer's hard disk or your mobile device for record-keeping purposes. Cookies may be sent to a user’s computer or a mobile device when such user accesses or views a Service. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of our Services, tailoring recommendations to interests, and making the Services easier to use. Third party advertisers on the Services may also place or read cookies on your computer or mobile device. Cookies can be disabled at any time by changing your web browser's options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Note however, that if you do not accept cookies, however, you may not be able to use all portions or functionalities of the Services.
The Services may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of Orca and Orca is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Orca is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Orca of the site or any association with its operators. You acknowledge and agree that Orca will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
By accessing or using the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Orca. Any claim or dispute between you and Orca that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Orca reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
YOU AND ORCA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions about these Terms or otherwise need to contact Orca for any reason, you can reach us at Yarden@orca-ai.io.
Last update: January 2019.
All rights reserved, Orca AI Ltd.