1Terms of ServiceLast edited: Augus

1
Terms of Service
Last edited: August 1, 2014
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) describes and regulates a
valid and binding agreement between VSP GROUP and any entity (the “Customer” or “you”)
registered on the website or using any of our services, the subject of which is the provision of
VSP GROUP services and the use of our website (hereinafter - services), as well as the rights
and obligations of the Customer and VSP GROUP.
By using our services, or getting access to them, you are deemed to have read and fully agreed
with this Agreement and all of its terms and conditions.
1. TERMS AND DEFINITIONS
The following terms shall be used hereinafter:
WEBSITE the website that we own and operate located at http://vspstats.com/
including any page, part or element thereof.
LEGISLATION
shall mean any current (now or in future) primary and/or secondary
regulation (statutory or non-statutory (common or individual
administrative)) act, which affects any of the Parties (and/or their
activity) and/or parties’ services.
SERVICE shall mean any service, product, goods, downloads, content, program
or website that we may provide from time to time.
WE, US, OUR, VSP
VSP Group Ltd., registration number 514674266, a company
incorporated under the laws of Israel, and having its principal place at
1 HaMalaha str., Yokneam, Israel (Postal address: P.O.B. 25121,
Haifa, 31250 Israel), and includes our successors in title and/or
assigns and/or affiliates and/or authorized representative.
YOU AND YOUR,
CUSTOMER shall mean any entity that registers for, or uses any of our services.
2. CUSTOMER’S OBLIGATIONS
2.1 When you use our services, you agree to not make any misconduct or misrepresentation
including (without limitation) the following misrepresentation:
2.1.1 deceive, mislead, defraud or otherwise make misrepresentations to any person
regarding any fact or circumstance;
2.1.2 impersonate or attempt to impersonate or otherwise misrepresent your identity to any
person or entity for whatever purpose;
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2.1.3 falsely state or otherwise misrepresent your affiliation with a person or entity;
2.2 You shall not do anything which does or may:
2.2.1 damage, impair, overburden or disable any system of any person (including us) using
our Service;
2.2.2 interfere with another user's use and enjoyment of the service or of similar services;
2.2.3 interfere with or disrupt our services, servers or networks connected to our services,
or violate any requirements, procedures, policies, codes of conduct or regulations of
VSP, any other networks or third parties;
2.2.4 compromise or tamper with the security of our or any other party's software,
hardware, systems, networks or services;
2.2.5 violate the rights or harm minors in any way;
2.3 You shall not make the following acts:
2.3.1 access any of our services or any similar service or account of any third party without
authorization or through hacking, password brute forcing or any other means;
2.3.2 perform intentionally or unintentionally any illegal activities including (without
limitation) violating any applicable local, state, national or international law or rules
of any national or other securities exchange, and any regulations having the force of
law, including (without limitation) promoting or facilitating access to, use of or sale
of dangerous substances or devices;
2.3.3 facilitate or encourage any violations of this Agreement.
2.4 For all services provided to you by VSP, you must only use the services in accordance with
our terms for lawful purposes in accordance with all applicable local, national and
international laws and regulations, social, moral and ethical norms including those that are
considered by VSP GROUP and for the purposes for which they are designed.
2.5 While using VSP services, you agree to provide true, accurate, current and complete
information about yourself in registration form and keep on updating the information to keep
it true, accurate, current and complete. Assuming you provide false details or in case we
have serious doubts about the information provided by you being false, inaccurate, incurrent
and incomplete, we reserves the right to refuse any and all current or future use of our
services; or to request personal details such as copy of your passport and actual proof of
place of residence.
3. TERMS AND TERMINATION
Duration (Term)
3.1 Duration period of this Agreement shall commence by the actual use of services on
http://vspstats.com/ website or domains leading to this website, and is ended at the moment of
the Agreement termination or suspension.
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Modifications of terms
3.2 We reserve the right to modify any or all of the terms or the services including (without
limitation) our trade policy and tariffs, at any time with or without a prior written notice
(depending on the severity of the changes).
3.3 Any changes will become effective immediately upon publishing them on http://vspstats.com/
website. These terms may also be modified by separate agreement between you and VSP.
3.4 You must check the VSP website and the terms regularly for changes. For your convenience,
the date of last revision may be included at the top of this Agreement.
3.5 By continuing to use our services after we make the changes, you agree to be bound by the
changed terms and charges.
3.6 If you disagree with the changed terms or charges of this Agreement or its updates, you may
send us a claim. Consideration of the claims is in accordance with the VSP GROUP’s general
procedure of claims review.
Termination and Suspension
3.7 We shall be entitled to terminate the collaboration with you, limit your access to or suspend
your account or access to part or to all of our services, at any time without any notice in the
following cases (without limitation):
3.7.1 a breach of any clause of this Agreement;
3.7.2 infringement of the applicable legislation or third party’s rights;
3.7.3 your misconduct complying with Agreement’s essence;
3.7.4 remedial or preventative maintenance or improvement;
3.7.5 unexpected technical or security issues or problems;
3.7.6 third parties that are part of our services performance process change, suspend or
stop providing their services;
3.7.7 requests by law enforcement or other government agencies.
4. PRIVACY POLICY
4.1 Within our service functionality we shall undertake to respect your information
confidentiality and we will take all necessary measures to protect from accessing, editing,
disclosing or terminating any of your personal information or account details.
4.2 You understand and acknowledge that we may access, preserve and disclose your personal
information or your contents if required to do so by legislation or in a good faith belief that
such access preservation or disclosure is reasonably necessary to:
4.2.1 comply with legal process;
4.2.2 enforce this agreement;
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4.2.3 respond to your requests for technical service;
4.2.4 enable the third parties and us to provide the services to you;
4.2.5 protect the rights, property or personal safety of VSP, its users and the public;
4.2.6 for inspection, study and analysis of such information in order to maintain and
improve our services and website’s features, as well as to develop new services and
website’s features.
4.3 You understand, agree and give us the right to send you communications of any updates,
upgrades, notices, administrative messages or other information that we deem important for
you to know, relating to the service. Such communications are considered part of our service
and shall not constitute spam. You may ask us to stop providing you with such
communications.
5. LIMITATION OF LIABILITY, GUARANTIES AND INDEMNITY
VSP’s Limited Liability and Guaranties
5.1 We shall be liable to you for timely and proper organization of our Service.
5.2 For the avoidance of doubt, under no circumstances we will be liable to you or any third
parties for any content used or posted/transmitted through our services or otherwise made
available via our services including (without limitation):
5.2.1 the concept and format of the statistics, media support and advertisements;
5.2.2 accuracy, integrity and quality of the information on the Website;
5.2.3 errors or omissions in any content or information on the Website;
5.2.4 availability of any site in case the content includes a hyperlink;
5.2.5 any loss or damage of any kind incurred as a result of the use of our Service.
5.3 We shall not be responsible or liable to you or to any third party for the following matters:
5.3.1 timeliness, deletion, mis-delivery or failure to store any information regarding your
personalization settings or use of our services;
5.3.2 any unauthorized or unlawful access to your account or disclosure of any of your
personal information by third parties, including (without limitation) hacking, website
hijacking, corporate spying, etc.;
5.3.3 any modification, suspension, interruption or discontinuance of our services or;
5.3.4 constant, fault free access to VSP services that we provide "as is" and "as available"
and don't warrant, represent or guarantee, whether expressly or by implication, that
any service is free of errors or interruptions, always available, fit for any purpose,
secure or does not infringe any third party rights;
5.3.5 VSP service compatibility with your data, programs, configurations, and additional
hardware and software resources. Particularly, we shall not be liable for your or any
third party loss of business or profits, disruptions, delays or failures following the
integration progress or failure of the same;
5.3.6 any disputes and controversies between you and VSP’s or other end-users or
YouTube;
5.3.7 any trading or investment decisions or damages as a result from these decisions,
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based on this Agreement or use of our services or in connection with our services,
even if we have been advised of the possibility of such damages;
5.3.8 checking if you have all the exclusive licenses of t