Preamble: This Agreement constitutes as a binding agreement between You and Omri Shacham (Hereinafter: Algorito); Though we request you to read the agreement prior to accepting it, we know that agreements are written in a complicated language and might be considered difficult to read. Therefore, we added this preamble to explain you with the nature of this agreement and to help you understand it.
First, Algorito lets you use this platform in a decent manner and in order to enjoy them. Don't spam and don't harass other users.
Second, We reserve the right to change these terms and prevent abusive users from harming others.
Third, We won't be held liable, no matter what, for any damage you may cause, and you will be solely liable for any content you post.
Fourth, Our purpose is to maintain a fair and fun environment for all our users.
Please go ahead and read these terms before accepting them, as they will bind you legally.
- Service Overview: Algorito operates and owns all rights to www.Algorito.com , the website allowing you to present and request algorithms, participate in on-line discussions, make purchases and report bugs. This Agreement constitutes a binding understanding between the User (“You”), an individual over the age of 18 who is capable of entering into a definite agreement or acting on behalf of a company.
About Algorito: Algorito is an Israeli Person, operating from Tchernichovsky 57, Tel-Aviv 64333.
- Amending or Terminating the Service and This Agreement: Algorito may amend the Service or this Agreement at any time, provided Users are given prior notice of 14 days before such amendment comes into effect. Algorito may terminate this Agreement with all Users or any user, for any reason or no reason, at its full discretion and without any prior written notice.
- Definitions: In this Agreement, the following terms shall have the following meaning:
- Content: Any intellectual property conveyed by Users to Services or Algorito, including Algorithms, requests for Algorithms, images, texts, software and/or posts.
- User Account: The username and password for any User in Services.
- Users and User: All legal and real persons bound by this agreement, defined by holding a User Account in Services.
- Services: All content and services supplied by website, including any objects, pages, and intellectual property stored on said sites, including graphics and any other software, either in object code or binary form, downloaded from websites to Your computer.
- General Terms and Conditions: The whole use of Services, including Applications within Services, shall be governed by the following terms.
- Eligibility: You hereby state that You are a real legal person over the age of 18, not residing in any proscribed country or entity, or acting on behalf of a company, and who is not declared insolvent, bankrupt or liquidated.
- Authentication: When registering for Services, You shall receive an email with Your User Account details. Such message contains both Your name and password and may be sent unencrypted. Should You wish to increase Your security, You should change Your User Account password immediately after registration.
- Activation: In order to activate Your account, You are required to authenticate Your email by clicking a link or entering a verification code. You are required to add all email addresses at Algorito.com as a contact to Your email contact list, as Algorito shall not be liable for any failed deliveries or arrival of messages to Your Spam inbox.
- Accurate and Secret Information: You shall provide Algorito only with accurate information about yourself and shall keep Your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from the misuse of Your User Account. Should You find that any personal information regarding Your User Account has been violated or disclosed, You shall immediately and without any delay (1) notify Algorito of any unauthorized use of Your password and User Account; and (2) make intentional efforts to ensure that no other party misuses Your User Account thereafter.
- User Conduct: When using Services, You agree to participate in any conversation, contribution or conduct in a friendly and courteous manner, without inciting hate or maliciously attempt to circumvent any other User's participation. Moreover, You agree not to use Your User Account to:
- Fraud: Participate in any activity meant for fraud or to encourage other Users to convey funds or other assets into Your possession. You shall not use automated processes, scripts or macros during while browsing site,. You shall not employ any script based on reverse engineering or manipulation of any communication between Yourself and Services.
- Non-Personal Use: You are forbidden to disclose any User Account details to any 3rd party or to post them in any public location.
- Bullying: Use Services in a manner disturbing, harassing or defaming to Users, stalking or depriving Users of any enjoyment of using Services In a manner which Algorito may determine as Bullying.
- Loopholes: You shall not attempt to manipulate or circumvent Services or use loopholes in them; furthermore, You shall report any loopholes or means for circumvention immediately to Algorito.
- Violation of Copyright: Use Services or post any content in a manner infringing Services and/or any other 3rd party's copyright, including other Users' copyright, patents, trademarks or any other intellectual property right. You shall not post any content circumventing copy protection means or otherwise infringes on any copyrighted work's copy protection.
- Violation of Privacy: Use Services or post any content in a manner that deprives any other User's privacy and/or to publish any private information about any other User or 3rd party.
- Policy Enforcement: Algorito may use administrative tools such as moderation or banning You from activity or enforce Vacations on You, should it reasonably assume that You were in violation of these Terms.
- User-Generated Content: By contributing Content to Services, You agree to adhere to Algorito's User Conduct Policy and refrain from posting any offensive content.
Copyright: By contributing Content to Services, You hereby grant Algorito an irrevocable, perpetual,non-limited license to use, display, distribute convey and publish Your Content to Users and other 3rd parties. You, moreover, grant Algorito a perpetual license to publish and disclose such Content to 3rd parties in order to provide Algorito's Services. You hereby grant all Users the right to download and use Your Content, and you may choose a license out to specify the Users' rights; should you refrain from choosing a license for Your Content, you hereby perpetually and irrevocably grant Users the right to Use, Modify and Inspect Your Content for their own purposes; provided, however, that the User shall not distribute the code in its source form and that You shall never be held liable for damages caused by Content, to the full extent applicable by law.
- No Liability: You shall be solely liable to any Software you posted on Website as Content, unless you specifically exempted Yourself from warranty by any software license You may choose. Under no circumstance shall Algorito by liable to any damage, either to Your computer, Your files, You system or any other intangible or tangible goods, any malfunction or any other damage caused by Content, including malicious activity and/or fraudulent activity. Algorito shall never be liable to any defect, damage or fault in Content or to any damage arising from the use of it. You jhereby warrant that you shall inspect any code prior to executing it and authenticate the code and check that it suits Your needs prior to compiling and/or running it on your machine.
- Offensive or Infringing Content: You may flag any other User’s contribution, including internal messages, as offensive or infringing on any of Your rights and allow Algorito's managers to review said contribution by pressing "Report Infringement". You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on Algorito.
- Spam: You may not use Services to post unsolicited, non-personal messages, promote any business or otherwise encourage Users to make any purchase or subscription to any 3rdparty.
- Usernames: You undertake not to use any offensive username, including copyright-infringing names, names which dilute trademarks or trade names, names that infringe any 3rd party right, names that are considered objectionable or offensive. You acknowledge that Your User Account may be terminated or suspended should You use any offensive username.
- Offensive Material: You may no to post any Content which may contain or be deemed as (i) profanity, obscenities, sexual context or content, pornographic display or conduct, or initiate sexually-oriented proposals to minors; (ii) requests with sexual orientation, including promotion of dating services and escort services; (iii) slander or defame any User without the User’s prior written consent, or offend, threaten, insult, harass or disturb any User without their prior written consent; (iv) promote illegal activity, including conspiring and/or ganging against other users; (v) initiate any activity involving games of luck, gambling or promotional competitions involving prizes not affiliated with Algorito; (vi) publish Copyright, Trademark and Patent infringing materials; (vii) publish personally identifiable information, either of yourself or of other users; (viii) initiate political, social, racial, religious or any other intolerant speech; (ix) involve pyramid schemes and/or chain mail; (x) provide links for any commercial and/or promotional business of third parties; (xi) use obscene usernames; (xii) request any other User's personal User Account information; (xiii) initiate scams; (xiv) post repetitive messages; (xv) inject or post any malicious computer code or binary or any Trojan horse, cross site script or malware to Services; (xvi)any false description or appropriation as to Your affiliation as Algorito staff or representative; (xvii) any unlawful material or material requiring governmental authorization for transacting information; (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested; (xix) publish or transmit any Content that You do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Services or servers or networks connected to Services, or disobey any requirements, procedures, policies, or regulations of networks connected to Services, intentionally or unintentionally.
- Moderation and Removal: Algorito may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to Algorito's intervention in Content and shall hold Algorito harmless to any Content moderated, removed, or amended.
- Takedown Notices: Should You encounter any Content which You consider infringing on any of Your rights, You may contact Algorito at any time and request that such content be removed. Algorito may remove infringing content at its sole discretion or shall inquire and try to contact the User who posted the Content. Should the User request to leave content intact, Algorito shall supply You with the contact details of said user, so that You may pursue litigation against said user. By sending Algorito a takedown notice according to this clause, You waive any claim against Algorito for any infringement of Your rights by any user.
- Posting Content: may post Content to Forums, open a new Forum or erase Your content, all with accordance to this Agreement, provided, however, that Algorito may moderate or amend any Content or moderate Your Forum by adding an Administrator on its behalf.
- Accuracy: Forums may include example code, data relating to website support, instructional material or other content. You hereby acknowledge that such data is entered by Users and is not official Algorito notices, manuals or tutorials. Algorito takes absolutely no responsibility on the accuracy of ANY data posted on Forums and You shall be solely liable to Your use of any Content from forums.
- Data Collected: Algorito collects data about Yours and other Users' activity including aggregated non-personal information, personal information, email addresses, behavioral information and clickstream information. Algorito also retains certain information regarding transactions and purchases made via Services.
- Data Not Collected: Algorito is working with accordance to international regulation and EU standards of privacy and therefore shall never retain or request any information regarding ethnic origin, political opinions, religious or philosophical beliefs, trade-union or political party membership, personal health, personal sexual preferences or personal sex life. Algorito shall never retain or request data regarding User passwords. You should report Algorito should You encounter any person or electronic service claiming to receive such information immediately.
- No Duty To Retain Data: Please keep in mind that though Algorito has the right to retain this data, it may remove it at any time and from time to time, according to its policies.
- Personal Information Collected: Algorito retains information regarding User behaviour and clickstream which may be mined or processed in order to generate non-personally identifiable User profiles or to profile a specific User under a specific non-personally identifiable User profile. Algorito also retains your name, email and address, and other information you provided it with.
- Non-Personal Data: Algorito logs non-personal information including, but not only, identifying the computer You are browsing from, Your IP address, Your session time and Your visiting time to each webpage.
- When is data erased? Your account may be terminated at any time, according to Your request. At Termination, Algorito shall remove all personally identifiable data it is not required to retain according to law. Algorito shall never disclose Your personal identity to 3rd Parties and shall never provide them with identifiable personal information without Your consent or without any action on Your behalf. When You make purchases or physical transactions relating to Services, Algorito may disclose personally identifiable information to the 3rd party with which You transacted. When You make transactions through Services, we may also disclose the existence of such transaction to Users and disclose some information relating to it.
- Security: Data is collected and stored on Algorito's servers or servers of 3rd parties operating on its behalf. Algorito's records which include stored data will not be disclosed to any party unless compelled to do so by a judicial order or law; Algorito shall use our best efforts to protect this database from any malicious activity and request 3rd parties strict confidentiality regarding use of the data disclosed.
- Removal of data: You may view Your User Account details at any time and send Algorito comments regarding incorrect User information stored on Algorito's database; these requests should be made by email to our privacy officer. Should You request to remove all personal information stored about you, please send our privacy officer with such request.
- Amendment: Algorito may refuse to remove, disclose or amend data where You have not supplied with sufficient evidence as to the identity of the requesting party. As Algorito takes care for the privacy of others, including Users who share the same internet connection and/or computer, it may cause grave harm to disclose personal information without such identification. Also, Algorito may retain data or refuse to amend it where such amendment was technical and redundant, jeopardizes the privacy of other parties or users, including 3rd parties' trade secrets and intellectual property or require major technical efforts which are not in proportion with the benefit from amending the data.
- Algorito Marketplace: You may use Website to download software which Users developed or to upload Your own software (hereinafer: “Software”). You acknowledge that software is provided as-is and without any liability and you acknowledge that it may contain bugs, errors or other defects.
- Distribution and Licensing: You hereby undertake not to distribute Software unless the Software was licensed by User specifically allowing distribution. You shall not to link or display via frames any webpage containing a direct download link to the Software's file. Should You upload Software to website, You shall choose a license specifically matching Your preferences. Unless you choose a license, all rights, except the right for other Users to use the Software, shall remain in Your behalf; however, we strongly recommend that You choose an Open Source License allowing other users distribution and amendment of the Software in Source form.
- Posting Algorithms: You may post an offer to download Algorithms and allow Users to bid purchase on Algorithms, either by internal website Credit, against monetary compensation or free of charge, using Website's marketplace.
- Delivery: Software shall be made available through Website. Algorito may remove, amend or revoke any Software hosted on Website and shall never be liable to any damage arising from it.
- General TOS:
- Advertisements: Algorito may, at its own discretion and for its causes, include within Services any links for 3rd party websites, advertisements or links for applications (“3rd Party Content”). Algorito does not warrant for 3 rd Party Content or availability thereof nor does it endorse it. Algorito shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. Moreover, You agree not to circumvent any 3rd Party Content by any ad blocking software or any other mean.
- Liability: For no case and for no reason shall Algorito be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3 rd party due to its lack of performance of duties herein. Algorito supplies Services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use of, or inability to use Services or services rendered by Algorito.
- No Warranty: Algorito does not warrant its Services and supplies it on an “as-is” and “as-available” basis. Your use of Services is at Your own risk and under Your liability. Algorito makes no warranty that (i) the service will meet Your requirements ,(ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the Use of Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through Services will meet Your expectations, or (v) any errors in the software will be corrected. Any software element or digital file downloaded or otherwise obtained through the use of Services is done at Your own discretion and risk. You are solely responsible for any damage to Your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by You from Algorito and/or through or from Services shall create any warranty not expressly stated in this Agreement.
- Indemnification: You agree to hold Algorito harmless and to indemnify Algorito for any lawsuit brought against it by You, Your successors or any other party on Your behalf in contradiction to this Agreement or for any damage to any 3rd party caused by Your conduct. You also agree to indemnify Algorito for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.
- No Supervision: You acknowledge that any supervision of User conduct by Algorito does not create liability whatsoever and is for statistical purposes and in order to monitor User behavior in general. Algorito shall not be held liable even if it is aware of User conduct in breach of this agreement.
- Copyright: Services and Software are owned by Algorito and are protected by copyrights, trademarks, and other intellectual property rights. You may not copy or download any content from Services unless You have express authorization Algorito to do so. You shall not copy, transmit, modify, distribute, show in public, modify or create any derivative works from the Services or Content, unless Algorito expressly authorizes You in writing to do so. Making unauthorized copies of any portion of Services, Software or Content may lead to the termination of Your User Account and may subject You to further legal action.
- Termination: Algorito may, at its sole discretion, terminate this Agreement, Services, Software or any other service rendered by it due to any reason, including any fault or malfunction, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if Algorito believes that You have violated or acted inconsistently with the understandings or spirit of this Agreement or for any reason decided by Algorito as a cause for termination. Algorito may also, in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of Your access to Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Algorito may immediately deactivate or delete Your User Account and all related information and files in Your account and/or bar any further access to such files or the service. Furthermore, You agree that Algorito shall not be liable to You or any third-party for any termination of Your access to Services.
- Entire Agreement, Waiver: This Agreement constitutes the entire understandings between parties and will only be amended in writing. No waiver on behalf of Algorito to perform any of its rights under this agreement shall constitute amendments of it.
- Governing Law: This Agreement shall be governed by the laws of the State of Israel, including its regulation regarding conflict of laws.
- No Class Action: You undertake not to initiate any class action, for any reason, against Algorito and to claim Your damages only according to this agreement.
- Jurisdiction: Any conflict arising from this Agreement shall be brought solely to the competent courts of Tel-Aviv, Israel.