These Terms and Conditions (these “Terms“) shall govern your (“You” or “Your“) use of the website located at agro-scout.com (the “Website“), an online resource for information related to AgroScout Ltd. (“We” or “AgroScout“) activities, products, and services. By using or accessing the Website, you agree to be bound by these Terms.
You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with AgroScout. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are resident or from which you use the Website.
We may, in our sole discretion, refuse to offer our services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.
If you violate these Terms, AgroScout reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that AgroScout does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.
Grant of License
Subject to your agreement and compliance with these Terms, AgroScout grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website. If the Website or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Website, and must refrain from using the Website.
Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.
Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. AgroScout does not provide you with the equipment to access and/or use our Website. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by Internet service providers or air-time charges).
You agree that any content published by you through the Website is done so through the use of technology and tools provided by AgroScout. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant AgroScout the right to act as an agent on your behalf as the Website’s operator.
AgroScout does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Website by any user (the “User Content“). However, by sending and/or creating User Content and/or using the Website you automatically grant AgroScout a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record, and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Website and/or these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by AgroScout associating such User Content with your user information, user name and/or profile picture. AgroScout may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of AgroScout’s users may view and use the User Content. You may request that AgroScout delete and make no further use of such material by contacting us at: firstname.lastname@example.org.
AgroScout may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website. By using the Website you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that AgroScout will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
AgroScout reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Website with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, AgroScout shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, AgroScout or other users, and that you shall not act in bad faith in your use of the Website. If AgroScout determines that you have acted in bad faith and/or in violation of these Terms, or if AgroScout determines that your actions fall outside of reasonable community standards, AgroScout may, at its sole discretion, prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Access the Website if you are barred under the provisions of these Terms or any applicable law;
- Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
- Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by AgroScout or by applicable statutory law), modify or alter any part of the Website;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
- Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Website is accessed;
- Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
- Upload or transmit (or attempt to upload or to transmit), without AgroScout’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- Improperly use support channels or complaint buttons to make false reports to AgroScout;
- Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
- Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on AgroScout or otherwise disparages or devalues AgroScout reputation or goodwill;
- Make representations with respect to AgroScout not approved in advance and in writing by AgroScout. You shall obtain AgroScout’s prior written approval to the content of any marketing message, and with respect to any use of AgroScout’s trade name and/or trademarks and/or designs in connection with the App;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
- Attempt to use the Website on or through any service that is not authorized by AgroScout. Any such use is at your own risk and may subject you to additional or different terms. AgroScout takes no responsibility for your use of the App through any service that is not authorized by it;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
- Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.
Intellectual Property Ownership
Without derogating from any other terms herein, AgroScout and/or its affiliates retain all rights in the Website materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Website Materials“). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without AgroScout’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Website in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from AgroScout. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
AgroScout’s and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the App or by accessing any of the Website Materials, or rights to any derivative works thereof.
You are not required to provide AgroScout with any feedback or suggestions regarding the Website or any of the Website Materials. However, should you provide AgroScout with comments or suggestions for the modification, correction, improvement or enhancement of the Website and/or any of the Website Materials, then, subject to the terms and conditions of these Terms, you hereby grant AgroScout a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner AgroScout chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of AgroScout’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media AgroScout chooses, but without reference to the source of such comments or suggestions.
Disclaimers; Limitation of Liability; Indemnification
You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by AgroScout herein (the “Services“) shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Services or any part thereof. To the fullest extent permitted by law, AgroScout, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, AgroScout, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. AgroScout makes no warranties or representations about the accuracy or completeness of the content of the Services, the Website, of the content of any sites linked to the Website, of any Third Party Materials and assumes no liability or responsibility for any:
- Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
- Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL AGROSCOUT, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE AND/OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AGROSCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AGROSCOUT SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. AGROSCOUT’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 1.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by AgroScout.
You agree to indemnify and hold AgroScout, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
- Your use of and access to the Website and/or the Services;
- Your violation of any term of these Terms;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- Any claim that any user submission made by you has caused damage to a third party; or
- Any User Content you post or share on or through the Website.
Third Party Material
You may be able to access, review, display or use third party Website, resources, content, information or links to other websites or resources (the “Third Party Materials“) via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and AgroScout disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Website. You acknowledge and agree that AgroScout: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Website on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Website. Your ability to access or link to Third Party Materials or third party Website does not imply any endorsement by AgroScout of Third Party Materials or any such third party Website.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of AgroScout’s rights and remedies under these Terms and/or under law, AgroScout will be entitled, at its sole discretion, to immediately discontinue the Website or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. AgroScout cannot grant permission to use third party content.
Links, Search Engines
The Website may contain links to other websites, applications or resources (the “Linked Sites”). The Linked Sites are not under the control of AgroScout, and AgroScout is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AgroScout is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by AgroScout of the site or any association with its operators. You acknowledge and agree that AgroScout will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such site or resource.
Like many websites, we may use “cookies” to collect information. A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. Cookies may be sent to a user’s computer or a mobile device when such user accesses or views the Website and/or the Services. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of our Website and/or Services, tailoring recommendations to interests, and making the Website and the Services easier to use. Third party advertisers on the Services may also place or read cookies on your computer or mobile device. Cookies can be disabled at any time by changing your web browser’s options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Note however, that if you do not accept cookies, however, you may not be able to use all portions or functionalities of the Website and/or Services.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding AgroScout. The Website or the Services, whether by email or otherwise (collectively, “Feedback“), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and AgroScout is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that AgroScout is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Notices to you may be made via the Website and/or e-mail. AgroScout may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that AgroScout provide as aforementioned satisfy any legal requirement that such communications be in writing.
By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and AgroScout. Any claim or dispute between you and AgroScout that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. AgroScout reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND AGROSCOUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last update: 29 June 2020
All rights reserved by AgroScout Ltd.