TERMS AND CONDITIONS

Elin Bianco Companies (“We, Our, Us”) welcome you to their website (“Elin Bianco Website”).

Please read the following terms of use (“Terms of Use”) before using Elin Bianco Website. By accessing or using Elin Bianco Website, you agree to be bound by these Terms of Use, conditions and all applicable laws.

While surfing on Elin Bianco Website, you recognize, acknowledge and accept all the Terms of Use set forth herein.

TERMS OF USE OF THE ELIN BIANCO® WEBSITE 

Only we, at our sole discretion and without any notice at any time for any reason, can modify these Terms of Use and you are responsible for regularly reviewing these Terms of Use. If you do not agree with the Terms of Use, please do not use Elin Bianco Website. These terms and conditions are applicable to you upon your accessing Elin Bianco Website.

Elin Bianco Companies may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyright and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. Elin Bianco Website is operated by Elin Bianco Companies or their affiliates or subsidiaries, and is comprised of various web pages.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, Elin Bianco Website is for your personal and non-commercial use and for purely informational and entertainment purposes. You must not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Elin Bianco Website, unless this is done for noncommercial purposes. You may display a web site and, subject to any expressly stated restriction or limitation relating to specific content, electronically copy, download and print hard copy portions of the content from the different areas of a web site exclusively for your personal and non-commercial use. We offer no guaranty to the longevity of our web sites and reserve the right to terminate them at any moment, at our sole discretion and that without notice. We assume no responsibility for any prejudice or drawback resulting from the termination of a web site.

Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without our prior written permission is strictly prohibited.

Harassment in any manner or form on Elin Bianco Website, including e-mail and chat rooms or the use of obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, hosts, or representatives or other members or visitors of this web site is prohibited. You may not upload to, distribute, or otherwise publish through Elin Bianco Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Copyright and Trademarks.

COPYRIGHTS AND TRADEMARKS

The entire content of the website of Elin Bianco, including but not limited to texts, graphics, designs, interfaces, or code and the selection and arrangement thereof (the “Content”), is copyrighted as a collective work under the Israel and EU and other copyright laws, and is the property of Elin Bianco Companies or the property of other owners who have granted Elin Bianco Companies the right to use such Content. In accordance with laws governing literary and artistic property rights or other similar rights, the reproductions, adaptations, translations, storage and processing in other media, including storage or processing by electronic means, copy, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without the prior written consent by Elin Bianco Companies.

TRADE MARKS

All trademarks, registered or not, service marks and trade names (the “Marks”) are the property of Elin Bianco Companies, or the property of other owners who have granted Elin Bianco Companies the right to use such Marks. The following are some of Elin Bianco Companies trade-marks: Elin Bianco 011302593. Any unauthorized use or abuse of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.

USER PARTICIPATION

Elin Bianco Companies do not and cannot review all communications and materials posted to or created by users accessing Elin Bianco Website and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on Elin Bianco Website, Elin Bianco Companies are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on Elin Bianco Website. However, Elin Bianco Companies reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Elin Bianco Companies at our sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Elin Bianco Companies in accordance with Elin Bianco Companies’ Privacy Policy.

USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, when you submit any notes, messages / billboard postings, ideas, suggestions, concepts or any other material (“Communications”), you are thereby assigning all your rights in it to us, and waive all moral rights therein for the term of the right, and that on a perpetual, irrevocable and world-wide basis. Elin Bianco Companies will have no obligations with respect to the Communications. Consequently, you give us the right to publish, in any form, and agree that we have the right to publish the material for any type of use including, without limitation, promotional and advertising purposes, and to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Elin Bianco Companies may, but are not obligated to, monitor or review any areas on Elin Bianco Website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Elin Bianco Companies, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS

a. The pages of Elin Bianco Website may contain links (i.e. “hyperlinks”) to other websites that are operated by third parties and whose contents are not known to Elin Bianco Companies merely facilitates access to such websites and assumes no responsibility whatsoever for their contents, even if the third party is affiliated with Elin Bianco Companies. Our links to third party websites are merely intended to make navigating easier for you. Statements shown on linked pages are not made our own. We rather explicitly dissociate from any and all contents of any and all third party pages linked on the pages of our website. In particular, we do not assume any liability for any breaches of statutory provisions or infringements of third party rights that occur on such pages.

b. For websites to which hyperlinks are provided from Elin Bianco Website, the owners of these websites are solely responsible for the content of these pages as well as for any sale of the products offered thereon and for the handling of any orders relating to the same.

c. Elin Bianco Companies do not assume any liability for any infringement of any Copyright, trademarks or other intellectual property or personality rights that occurs on a page accessed by a hyperlink.

d. The links which we might place on our web sites do not imply that Elin Bianco Companies sponsor, endorse or are affiliated or associated with, or had been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. However, we request any feedback that you may have concerning the external links that we have placed on our web site.

e. In the event of an order or any other legal declaration in respect of a transaction, a contract is made solely between the user and the owner of the respective website or offering party or person presented therein, under no circumstances, however, between Elin Bianco Companies and the user. Please note the general business conditions of the respective supplier on the hyperlinked website.

DISCLAIMER

Elin Bianco Companies make no warranties or representations about the accuracy or completeness of Elin Bianco Website’s content or the content of any site or External Sites. Any liability of Elin Bianco Companies for damages arising out of the use of this website – irrespective of the legal cause, including tort – is limited to damages that are caused by intent or gross negligence. To the extent that there is a mandatory liability of Elin Bianco Companies as a result of a breach of material contractual duties, the total amount of any claim for damages is limited to the foreseeable damages. This shall not affect Elin Bianco Companies’ liability under applicable Product Liability law or under any warranties given. The aforesaid limitations of liability also do not apply in the event of harm to life, bodily injury or harm to health of a person. Elin Bianco Companies do not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software. Elin Bianco Companies employ great efforts to keep Elin Bianco Website free from viruses; however, we are unable to guarantee any absence of viruses. For this reason, we recommend that care be taken to assure adequate protection against viruses (e.g. using virus scanners) before downloading documents and data. Elin Bianco Companies do not warrant any freedom from faults or errors of the services offered on Elin Bianco Website nor their availability.

LIMITATION OF LIABILITY

Forward-looking statements on this Internet site have been made according to the best of our knowledge and belief. However, the results actually achieved by Elin Bianco may differ greatly from these forward-looking statements, because they depend on a whole group of factors of a competitive and macroeconomic nature that are in some cases beyond the control of Elin Bianco Companies. Without prejudice to any legal obligations to amend forward-looking statements, Elin Bianco Companies have no intention of constantly updating all forward-looking statements contained in Elin Bianco Website.

In no event shall Elin Bianco Companies be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Elin Bianco Companies have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from Elin Bianco Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Applicable

APPLICABLE LAWS

Your use of Elin Bianco Website shall be governed by the laws of the state of Israel and you agree to submit to the exclusive jurisdiction of the Courts of Justice in that Province, in all contingencies and disputes arising from your use of this site. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to Elin Bianco Website (including but not limited to the purchase of Elin Bianco products) shall be in the provincial or federal courts located in Tel Aviv, Israel. Any cause of action or claim you may have with respect to Elin Bianco Website (including but not limited to the purchase of Elin Bianco products) must be commenced within one (1) year after the claim or cause of action arises. Elin Bianco Companies’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Elin Bianco Companies may assign their rights and duties under this Agreement to any party at any time without notice to you.

Elin Bianco Companies make no representation that materials in Elin Bianco Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access Elin Bianco Website from locations outside Israel do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Israel export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the state of Israel.

ARBITRATION

By using this Site, you agree that Elin Bianco Companies, at our sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the Israeli Patent Office and the OHIM (the EU trademark office), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the province as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.