Terms of Use

Services

1. Services Offered. The Website offers a wide range of Services, including: a) Omgili Search: a search engine that searches forums, discussion groups, answer boards mailing lists and gives results from this sphere only. b) Omgili Buzz: This service gives a daily overview of the most popular discussion topics in forums and discussion groups and gives a buzz-focus on specific categories like, Movies, Books, News and others. c) Omgili Buzz graphs: A service which enables users to create graphs of on line chatter.
   You may choose between the Free Services and the API Services (as such terms are defined at the following address, which Services may be changed from time to time at Omgili's sole discretion). The Free Services are offered free of charge, while the Premium Services are subject to payment of certain fees, details of which can be found at the following address, as such fees may be updated from time to time (the "Fees"). No Fees paid for Premium Services shall be refunded for any reason. If you have purchased our Premium Services we will make an effort to notify you of any change in pricing when the same may occur. For the avoidance of doubt, the term "Services" shall include both the Free Services and the Premium Services, as may be changed from time to time.


2. Reservation of Rights. Omgili reserves the right to, at any time, at its sole discretion and without prior notice: (i) add additional Services, whether or not subject to a fee; (ii) change, alter or otherwise modify the Services offered; (iii) discontinue all or any of the Services; and/or (iv) make certain Services previously offered free of charge subject to payment of a fee, and vice versa.


3. Internet; Disclaimer; Restriction. Access to and utilization of the "Omgili Buzz Graphs" embedded in third-party webpages and the reliability, completeness and accuracy of the information displayed therein is subject among other things to the availability and operation of internet access and services. OMGILI HAS NO CONTROL OVER THE CONTINUAL OR PROPER FUNCTIONING OF THE INTERNET OR OF ANY SPECIFIC INTERNET CONNECTION AND THEREFORE, WITHOUT DEROGATING FROM THE PROVISIONS OF SECTIONS 12 AND 13 BELOW, OMGILI SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY FAILURE RELATED TO THE "OMGILI BUZZ GRAPHS" ARISING FROM OR RELATED TO THE FUNCTIONING OF THE INTERNET AND/OR OF ANY SPECIFIC INTERNET CONNECTION . In order to embed an "Omgili Buzz Graph" in your or a third party's webpage you are permitted to embed the script code generated by the Website for such purposes in the code of the applicable webpage. Any modification or change to such code is prohibited and without derogating from anything else set forth herein, Omgili may suspend or terminate the ability of any such modified or otherwise changed code to access the "Omgili Buzz Graph".



Availability

4. The Services are available only to individuals and/or entities who can form legally binding contracts under applicable law (for example, adults over the age of 18). By using the Services you represent to Omgili that you are of legal age and capacity to form a binding contract under applicable law



User Conduct

5. Prohibited Uses. You agree that you will not use the Website or the Services for any purpose that is illegal, prohibited by these Terms or that is otherwise reasonably deemed offensive by Omgili. To that end, you agree, by way of example and not by way of limitation, that you will not:


1. use the Website and/or the Services in a manner that infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy and publicity;
2. use the Website and/or the Services in a manner that is libelous, defamatory, slanderous, contains pornographic or other explicitly sexual content, denigrates or offends any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, designed to or does harass, threaten, defame or abuse others, encourages or depicts the conduct of other illegal activity, that contains or links to any viruses or any other programs or technology designed to disrupt or damage any software or hardware or is generally offensive or in bad taste;
3. interfere with the Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware or to abuse the Services offered by the Website, including without limitation "spiders" and "crawlers", or to by pass any measures employed by Omgili to restrict access to any part of the Website or to modify or attempt to modify the Website or any portion thereof;
4. impersonate another person or entity;
5. engage in any activity that interferes with any third party's ability to use or enjoy the Services or with Omgili's ability to provide the Services; or
6. assist any third party in engaging in any activity prohibited by these Terms.


6. Personal Use. Without derogating from the provisions of Section 5 above, the Free Services are offered solely for your personal use. You may not make any commercial use of the Free Services (such as charging a fee for access) or of any of the results obtained by use of the Free Services, nor may you copy or otherwise reproduce the results obtained by the Free Services or the "Omgili Buzz Graphs" other than printing for your future personal reference. Without derogating from the provisions of Section 5 above, you may use the Premium Services for non-personal and commercial uses.



Site Content

7. Third Party Content. The Website may include snippets of text returned as the result(s) of the search Services and/or automatically generated third-party advertisements ("Third Party Content"). Omgili does not necessarily review all Third Party Content prior to its posting to the Website and makes no warranties or representations with respect to Third Party Content, including with respect to its legality, non-infringement, offensiveness, ownership and content. OMGILI SHALL IN NO WAY OR MANNER BE RESPONSIBLE FOR THE ACCURACY OF THIRD PARTY CONTENT, SPECIFICALLY INCLUDING THE RESULTS RETURN BY THE SEARCH SERVICES, AND YOU RELY ON THE ACCURACY OF SUCH CONTENT AT YOUR OWN RISK. If you believe that any Third Party Content infringes any of your rights, please contact support@omgili.com. In order to allow Omgili to process your complaint, please include the exact URL of the allegedly infringing content or the search term that lead to such allegedly infringing content in your e-mail message.


8. Links. The Website contains links to third party websites, whether posted by Omgili, returned as results of the search Services or posted as third-party advertisements. Omgili has no control over and makes no representations with respect to the content or any other aspect of such third party websites and will have no responsibility or liability with respect therewith.



Intellectual Property Rights

9. Ownership of Rights. The Website and the Services including the "Omgili Buzz Graphs" and any software used in connection therewith ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Content contained in third-party advertisements or information presented to you through the Services or advertisers may be protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Other than Third Party Content, Omgili will solely and exclusively own all intellectual property and other rights, title and interest in and to the Website, the Services including the "Omgili Buzz Graphs" and the Software, and Omgili will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor and for any continuations and derivative works thereof. You will not by use of the Services including the "Omgili Buzz Graphs" or accessing the Website acquire any right, title or interest in any rights of Omgili under these Terms or otherwise.


10. Omgili Content. Other than as specifically provided by the Services, none of the content displayed on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, other than as and only to the extent specifically permitted herein, without the prior express written permission of Omgili or in accordance with the Services.



Privacy

11. Omgili's current Privacy Policy is available at http://omgili.com/privacy.html and is incorporated herein by reference. We may change our Privacy Policy from time to time and our changes are effective as set forth in the Privacy Policy.



No Warranty

12. OMGILI PROVIDES THE WEBSITE AND SERVICES INCLUDING THE "OMGILI BUZZ GRAPHS" "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OMGILI DOES NOT WARRANT THAT THE WEBSITE OR SERVICES INCLUDING THE "OMGILI BUZZ GRAPHS" SHALL BE ERROR-FREE, THAT THEY SHALL OPERATE UNINTERRUPTED, THE INFORMATION DISPLAYED THEREIN SHALL BE COMPLETE OR ACCURATE OR THAT THEY SHALL MEET YOU REQUIREMENTS. OMGILI DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.



Limitation of Liability

13. Notwithstanding anything herein to the contrary, Omgili's sole and cumulative liability to you or any third party for any loss, cost or damage resulting from any claims, demands or actions arising out of or relating to these Terms and/or your use of the Website and/or the Services including the "Omgili Buzz Graphs" shall not exceed the greater of (i) one US dollar (US$ 1) and (ii) the fees actually paid by you to Omgili for Services during the twelve (12) month period immediately preceding the occurrence of the event giving rise to the applicable loss, cost or damage. IN NO EVENT SHALL OMGILI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED REQUESTS OR OTHER ECONOMIC ADVANTAGE (EVEN IF OMGILI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF OR THE INABILITY TO USE OR THE RELIANCE UPON THE INFORMATION DISPLAYED BY THE WEBSITE AND/OR THE SERVICES INCLUDING THE "OMGILI BUZZ GRAPHS" FOR ANY REASON. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.



Qualifications and Limitations Basis of Bargain

14. The limited warranty, exclusive remedies and limited liability provisions set forth herein are fundamental elements of these Terms, and you accept and confirm that Omgili would not be able to provide the Services on an economic basis without such limitations.



Legal Compliance

15. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.



Survival

16. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your account and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability.



Notices

17. Except as explicitly stated otherwise, any notices shall be given by postal mail to Omgili at the following address: POB 12301, Herzliya 46733, Israel or to the following email address:info@omgili.com.



Governing Law and Forum

18. This Agreement shall be governed in all respects and construed in accordance with the internal substantive laws of the State of Israel, and you hereby consent and submit to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel over all matters relating to this Agreement.