BzeekLand^TM Ltd. - Terms of Use

Introduction

The BzeekLand Ltd. (“Bzeek”) software (the “Software”) enables your computer to be part of the Bzeek WiFi Community (the “Bzeek Community”). The Software is downloadable from this website (the “Website”), or directly from the connection to other Bzeek User who has the Software in his possession, and enables you to enjoy the sharing of wireless and Internet connection as well as other applications that are or will be made available by Bzeek.

Please read carefully these Terms of Use and the other related legal documents on Bzeek Web Site. They affect your legal rights. If you do not agree to these Terms of Use or the other Bzeek legal documents as published on Bzeek Web Site You are not allowed to use or be part of Bzeek WiFi Community.

Prior to downloading or using or participating in the Bzeek WiFi Community, you must agree to these Terms of Use, the rest of the Legal documents that are on Bzeek Web Site, and for every Internet Connection that you use with the Software you must have a contract with the relevant Internet Service Provider (ISP) that permits you to share your Internet bandwith with others. It is your sole responsibility to gain such agreement from the relevant ISP. By downloading or using the Software, you specifically assure that such agreement from the relevant ISP was granted.

The following terms of use (the "Terms of Use") stipulate the terms and conditions pursuant to which the use of the Website and Software is regulated. Your use of the Website and Software is expressly conditioned on your compliance with these Terms of use. By clicking, accessing or using the Software and/or the Website, you are indicating that you agree to be bound by these Terms of Use, Bzeek’s privacy policy which can be found here, the End User License Agreement and all Legal documents that are available through the Bzeek Web Site. Bzeek reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel, from time to time, any feature of the Software or the Website, including making any of the changes in its general practices and policies. We encourage you to periodically review and read these Terms of Use to be informed of any updated terms of the Terms of Use. At all times, the latest version of these Terms of Use shall be binding and prevail over any other version. Your continued use of the Software and/or the Website after any change, modification or limitation, whether included in a notice as aforesaid or otherwise amended, shall be an indication of your acceptance of such new terms.

Disclaimer for Emergency Services

BZEEK DOES NOT PROVIDE EMERGENCY SERVICES IN CONJUNCTION WITH THE SOFTWARE, WIFI CONNECTIVITY, VOIP SERVICE OR ANY OTHER SERVICES. "EMERGENCY SERVICES" ARE SERVICES THAT CONNECT A USER TO EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS PURSUANT TO APPLICABLE LOCAL AND OR NATIONAL REGULATORY REQUIREMENTS. NEITHER BZEEK NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE USE OF WIFI CONNECTIVITY, VOIP SERVICE OR ANY OTHER SERVICE PROVIDED HEREUNDER TO CONTACT EMERGENCY SERVICES PERSONNEL. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS BZEEK, BZEEK STAFF, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES ANY SERVICES TO YOU IN CONNECTION WITH THE VOIP SERVICE OR ANY OTHER SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE VOIP SERVICE OR ANY OTHER SERVICE PROVIDED HEREUNDER, INCLUDING SPECIFICALLY ANY CLAIMS ARISING OUT OF THE FAILURE OF BZEEK TO OFFER EMERGENCY SERVICES.

Services provided by Bzeek

Bzeek services facilitate the access to Bzeek WiFi Community by authenticating the users, charging the users when applicable according to Bzeek criteria and sharing revenues with those Bzeek users who shared their WiFi bandwith to users who paid for the access.

Bzeek cannot guarantee the access itself, the access speed and the data transmission speed. Bzeek is therefore not taking any responsibility for the quality of service.

Services Use Restrictions
Bzeek will make available for download, from the Website, or directly from other Bzeek User, its proprietary Software and/or documentation in connection with the Software. You acknowledge that any Software and related documentation that may be available to download is the copyrighted work of Bzeek. You agree that the use of the Software is governed by the terms of the end-user license agreement which accompanies or is included with the Software and can also be found at (the End-User License). Except as set forth in the End-User License, any further copying, reproduction or redistribution of the Software is expressly prohibited.

You agree to comply with all applicable laws regarding the transmission or receiving information or data including technical data that is subject to local restriction laws. If Demanded by Legal Authorities, Bzeek may make available any personal information that is collected on you as instructed by the Legal Authorities.

Third Parties
The Software and/or the Website may be linked to other web sites or software which are not under the control of or maintained by Bzeek. You acknowledge that Bzeek is providing these links to you only as a convenience, and you agree that Bzeek is not responsible for the content or performance of services not maintained by Bzeek.

Privacy Policy
Bzeek respects the privacy of others. Bzeek's Privacy Policy can be found here and is hereby incorporated by reference.

Payments and charges

Bzeek will charge a fee for Bzeek services according to its criteria as amended from time to time, and will be publishes on Bzeek website. The user should be aware that the nature of Bzeek Services is of Statistical Availability. The User acknowledges that Bzeek is not and will not be responsible for any failure to succeed in connecting to the Internet or for the quality of service.

Bzeek will share with You a percentage of its net revenues from users who connected to Your shared Internet bandwith according to its criteria as amended from time to time, and which may be publishes on Bzeek website.

Proprietary Rights
Bzeek retains sole and exclusive ownership of all rights, title and interests in the Software and the Website and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Software and the technology related thereto. This provision shall survive termination and expiration of these Terms of Use and shall remain in full force and effect thereafter. Without derogating from any of your other undertakings herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Software (or any part thereof, or any software underlying the Software), other than as expressly authorized. You agree not to circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or enforce limitations on use of the Software.

Trademarks
Bzeek^TM, the Bzeek logo, and all other Bzeek trademarks, service marks, product names, and trade names of Bzeek appearing on the Software and/or the Website are owned by Bzeek. All other trademarks, service marks, product names, and logos appearing on the Software and/or the Website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Software and/or the Website without the owner's prior written consent.

Termination
If you violate any of these Terms of Use, your permission to use the Software and/or the Website will automatically terminate and will make available to Bzeek other legal remedies. The provisions in the PROPRIETARY RIGHTS paragraph above will survive any termination of these Terms of Use.

Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BZEEK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BZEEK MAKES NO WARRANTY THAT THE SOFTWARE AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE AND/OR WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECIPIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECIPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL BZEEK BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SOFTWARE AND/OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF BZEEK FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU TO BZEEK AND IN ANY CASE SHALL BE NO MORE THAN $15.

Miscellaneous
(a) These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, these Terms of Use shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties;. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Bzeek. Upon reasonable notice posted on the Terms of Use, Bzeek may assign or transfer these Terms of Use at its sole discretion. (d) If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to their terms.

Jurisdiction and Law

This Agreement is governed by and is to be construed in accordance with the laws of the State of Israel. The parties hereby agree to submit to the Exclusive jurisdiction of the courts of Tel-Aviv in Israel.

Copyright (c) 2009 Bzeek. All Rights Reserved