4. The Site Content.
4.1. BE ALL or BE ALL licensors or partners own the intellectual property rights in the content displayed on the Website (the “Content“), including any logos, trademarks, service marks, text, images, photographs, videos, audio clips, information, software and other content generated, contained, provided or otherwise made accessible on or through the Website.
4.2. The Website and all Content are made available to you for informational use only. Without BE ALL prior express written permission, you may not modify, copy, reproduce, publish, upload, post, distribute in any manner or medium, transmit, display, license, sell, create derivative works from, or otherwise exploit any Content of the Website, either for commercial or non-commercial purposes. However, you may, from time to time, print individual pages of the Website for your personal, non-commercial use provided that you keep intact all copyright and other proprietary notices.
4.3. If you submit or post any content to the Website, you grant BE ALL and BE ALL affiliates a royalty-free, perpetual, irrevocable, transferable, assignable, sub-licensable, worldwide license to use such content, including alterations thereof, for BE ALL business purposes, in any form, in any media and via any technology.
4.4. BE ALL shall have the right, at any time, to delete any content posted or otherwise uploaded by you to the Website.
6. Site Registration and Log-In.
6.1. In order to access some features of the Website, you may be required to provide certain information, including personal information. You agree to provide accurate, current and complete information about yourself and you are responsible to timely update such information as necessary.
6.3. Certain features of the Website may only be available to BE ALL customers and members and may require a BE ALL username and password. Such features may be subject to additional terms and conditions specific to such features. If you are not a BE ALL customer or a BE ALL member, you have no right to access or use such features.
7. Testimonials. BE ALL may publish on the Website testimonials by BE ALL customers and members relating to their use of any services BE ALL provide. BE ALL make no representation as to the accuracy of any such testimonials nor do BE ALL represent that the experiences discussed in the testimonials are typical of the experiences of other BE ALL customers or members.
8. Links to Third-Party Websites. The Website may contain links to other websites owned and operated by third-parties (“Linked Websites”). Linked Websites are not operated or controlled by BE ALL and BE ALL are not responsible for any content contained on such websites or for any products or services offered through such websites. Any links on the Website to any third-party websites do not constitute BE ALL endorsement of such websites.
9. No Warranties.
9.1. The Website and its Content are provided on an “as is” and “as available” basis and without warranties of any kind, whether express or implied, including any warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus or other harmful components. Without limiting the foregoing, BE ALL make no representation or warranty that, inter alia: (i) the information on the Website is accurate, complete or up-to-date; (ii) the Website is secure from any unauthorized use, including by hackers; (iii) the Website is free of viruses or other harmful content; (iv) the Website will be available at any particular time or will function properly at any particular time.
9.2. BE ALL make no warranties of any kind regarding any products or services offered, ordered or provided through the Website.
10. Indemnification and Limitation of Liability.
10.3. In the event that a BE ALL Party receives written notice of the commencement of any claim or Proceeding or of the imposition of any penalty or assessment for which defense and/or indemnity may be sought pursuant to this Section 10 (a “Third-Party Claim“), the BE ALL Parties seeking indemnification shall have the right to select the attorneys who will defend, at your expense, the Third-Party Claim on behalf of such BE ALL Parties and such BE ALL Parties shall have the right to control the defense of such Third-Party Claim, including the right, in their sole discretion, to settle, adjust or compromise such Third-Party Claim with or without your consent; provided, however, that the BE ALL Parties shall not be entitled to indemnification under this Section 10 in respect of amounts paid toward any such settlement, adjustment or compromise (not including reasonable attorneys’ fees and costs incurred in connection with such settlement, adjustment or compromise, the expense of which shall in all cases be borne by you) unless such settlement, adjustment or compromise was effected with your prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. You shall be entitled to participate in, but not control, the defense of a Third-Party Claim at your own expense with counsel of your choosing reasonably satisfactory to the BE ALL Parties seeking indemnification.
10.4. For the purposes of this Section10, the following terms shall have the following meanings:
10.4.1. “Governmental Body” shall mean any: (a) nation, state, county, city, district, or other similar jurisdiction of any nature; (b) local or foreign government; (c) governmental or quasi-governmental authority of any nature (including any governmental agency, branch, commission, bureau, instrumentality department, official, entity, court, or tribunal); or (d) body or other Person entitled by applicable law to exercise any arbitrative, administrative, executive, judicial, legislative, police, regulatory or taxing authority or power.
10.4.2. “Person” shall mean any individual or entity (including a partnership, corporation, limited liability company, and trust).
10.4.3. “Proceeding” shall mean any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel (whether in Israel or elsewhere).
11. Modifications/Suspension/Discontinuance. BE ALL may, at any time and without notice, modify, suspend or discontinue, either on a permanent or temporary basis, the Website (or any portion thereof) or the Content (or any portion thereof). You agree that BE ALL shall have no liability for any such modification, suspension, or discontinuance of the Website (or any portion thereof) or the Content (or any portion thereof).