End-User License Agreement (EULA)

Last Updated: Sep 19, 2023

Obcidian LTD. and its subsidiaries (“Obcidian LTD” “We,” or “Us”) seeks to provide its users (“You”) with relevant and useful information regarding information technology and services (the “Services”). These terms of use together with any documents they expressly incorporate by reference (collectively, the “Terms”) apply to all websites and content posted by and in connection with Obcidian LTD and its related websites, information sharing, and community support platforms including those mentioned above (together, the “Websites”).

By accessing or using our Websites including any content, functionality, and services offered on or through Obcidian LTD’s network, whether as a guest or a registered user, you agree to be bound by these Terms. 

1. COMMUNICATION, POSTS, AND SUBMISSIONS
Obcidian LTD reserves the right to review all communication, media, and other materials prior to submission to the Websites and the right to remove any such submission for any reason, at any time, without prior notice, in its sole discretion. However, Obcidian LTD does not undertake to review communications, media, and other materials before it is posted on the Websites and, therefore, cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Obcidian LTD assumes no liability for any action or inaction regarding transmissions, communications, or content provided by You or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

A. Communications
If You submit comments, ideas, or feedback to us, you agree that We can use them without any restriction or compensation to You. We do not waive rights to use similar or related ideas or feedback previously known to us, developed by Obcidian LTD or obtained from sources other than You. Our Websites may contain functionality (including blogs, forums, and message boards) which allow individuals to upload and post content and comments to our Websites (collectively “Forums”). You agree that You will not upload or transmit any communications or content of any type to the Forums that infringe or violate any rights of any party or violate any applicable laws. By submitting communications or content to the Forums, you agree that such submission is non-confidential for all purposes.

B. Copyrights, Posts/Submissions, and DMCA Policy
You agree to only post or upload content including, but not limited to, articles, code, photos, videos or audio (together, “Content”), that You have taken or drafted yourself or that You have all rights to transmit and license and which do not violate or infringe any patent, trademark, trade secret, copyright, privacy or any other intellectual property or other rights of any other person.

By uploading any Content to the Websites or the Forums, You (a) warrant that You have explicit permission from the Content owner and, where appropriate, all persons appearing in your Content, for You to post the Content to the Websites and/or the Forums, (b) grant to Obcidian LTD a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Content; and (c) agree to indemnify Obcidian LTD and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Content and/or your failure to comply with these Terms.

2. CONDUCT
Engaging in targeted abuse or harassment on the Websites or in Forums will not be tolerated.

A. Abusive Behaviour
The following abusive behaviours violate these Terms and may result in Obcidian LTD acting against individuals. Obcidian LTD reserves the right to modify this list at any time, in its sole discretion.

• Targeted Harassment and/or the Encouraging of Others to do so: Do not engage in harassing, bullying, or threatening behaviour, and do not incite others to engage in these activities. Anyone using the Websites or Forums to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way, or to harass in other ways may have the offending content removed or be permanently banned from the Websites or Forums. In emergency situations, we may escalate imminent threats of serious harm to law enforcement. Online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.

• Threatening or Inciting Violence: Do not post content containing threats of physical harm directed towards a specific person or group of individuals or depicting graphic or gratuitous violence. Encouraging violence or attacking anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, or disabilities is NOT allowed.

• Impersonating Others: You may not impersonate others in a manner that does or is intended to mislead or deceive other or misrepresents your affiliation with any person or organization. Individuals portraying another person in a confusing or deceptive manner or otherwise misrepresents themselves may be banned from the Websites and Forums.

• Unauthorized Posting of Personal and Confidential Information: Do not distribute other people’s personal and confidential information, such as credit card numbers, confidential national ID numbers, or account passwords without their permission.

• Malicious and Deceptive Practices: Do not transmit viruses, malware, or any other malicious or destructive code. Do not distribute content that harms or interferes with the operation of the networks, servers, or other infrastructure of Obcidian LTD or others. Do not use our Services for phishing scams. Additionally, the harvesting, scraping, or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments is strictly prohibited. You may not post any content that gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

• Posting Illegal Content: It is strictly prohibited to upload content or media of any kind that contain expressions of hate, abuse, pornography, or are deemed sexually explicit, including content that exploits or abuses children, or any other material that could give rise to any civil or criminal liability under applicable law or regulations. This includes any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promoting or Participating in Illegal Activities: Do not use our Websites or Forums to engage in illegal activities or to advocate, promote, or assist in any unlawful activities.

• Spam: Do not use our Websites or Forums to spam, including by sending unwanted promotional or commercial content, or unwanted or mass solicitations.

• Account Hijacking: Do not access another user’s Obcidian LTD account without their permission.

• Miscellaneous:  Engaging in any other conduct that restricts or inhibits any other person from using or enjoying a the Websites or Forums, or which, in the judgment of Obcidian LTD exposes Obcidian LTD or any of its members, customers, or suppliers to any liability or detriment of any type, including reposting another individual’s statements or content on another website, without their permission.

B. Enforcement Against Abusive Behaviour
Obcidian LTD reserves the right to take action in response to any abusive behaviour on the Websites or in its Forums including, but not limited to

1. Recording the dialogue in Forums.
2. Investigating allegations that a communication(s) do(es) not conform to the Terms or any other Obcidian LTD policy to determine in its sole discretion whether to remove or to request the removal of the communication(s).
3. Remove content which does not conform to these Terms.
4. Terminate an individual’s access to any or the Websites and/or Forums upon any breach of the Terms.
5. Monitor, edit, or disclose any communication in the Forums.
6. Edit or delete any communication(s) posted on the Websites or in the Forums, regardless of whether such communication(s) violate these standards.

3. OWNERSHIP
Unless explicitly stated otherwise, the contents of the Websites are the exclusive property of Obcidian LTD and may not be copied, distributed, displayed, altered or modified, or reproduced or transmitted, in any form or by any means including, but not limited to, electronic, photocopy, or otherwise, without the prior written permission of Obcidian LTD. The corporate and product names, slogans, logos and other Content contained on the Websites are the registered or unregistered trademarks or service marks of Obcidian LTD or are used by the Websites with the permission of their owners. The use, copying, or alteration of any trademark without the express prior written consent of Obcidian LTD or, where applicable, the registered owner’s express prior written consent is strictly prohibited.

4. THIRD PARTY LINKS AND WEBSITES
The Websites contain links to third party websites, apps, services, and resources (collectively “Third Party Services”) that are not under Obcidian LTD’s control. We provide these links only as a convenience and are not responsible for the content, products, or services that are available from Third Party Services. If you decide to access any Third Party Services, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

5. BREACHES OF THESE TERMS
Without prejudice to Obcidian LTD’s other rights under these Terms, if You breach these Terms in any way, Obcidian LTD may take such action as it deems appropriate to deal with the breach. This may include, but is not limited to, the following actions:

Suspension of Access: Obcidian LTD reserves the right to suspend your access to the Websites or the Forums temporarily or indefinitely, depending on the severity and nature of the breach.

Prohibition of Access: Obcidian LTD may prohibit You from accessing the Websites or the Forums if your breach is deemed to be a serious or repeated violation of these Terms.
Legal Action: In certain cases, Obcidian LTD may initiate court proceedings against You to seek remedies for the breach, including seeking damages or injunctive relief, where appropriate and in accordance with applicable laws.

Please be aware that the actions taken in response to a breach will be determined by Obcidian LTD at its discretion and will consider the specific circumstances surrounding the breach. These actions are intended to protect the rights and interests of Obcidian LTD, other users of the Websites or Forums, and to ensure compliance with these Terms.

6. INDEMNITY
You agree to defend, indemnify, and hold Obcidian LTD its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and any other policy in connection with the Websites.
To further clarify the responsibilities and obligations of users in relation to Obcidian LTD's services, the following indemnity provision is included:

Indemnification Obligation: You agree to indemnify and hold harmless Obcidian LTD, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
a. Your use of the Websites or the Forums.
b. Any content You submit, post, or transmit through the Websites or the Forums.
c. Your violation of these Terms or any applicable laws, regulations, or third-party rights.
d. Any unauthorized access or use of your account or any breach of security related to the Websites or the Forums.

Defence and Notification: Obcidian LTD will promptly notify You of any claims, actions, or proceedings for which You are obligated to indemnify us, and You agree to assume the defence of such claims at your expense. Obcidian LTD reserves the right to participate in the defence of any such claim at our cost.

Cooperation: You agree to cooperate fully with us in the defence of any claim, including providing us with all relevant information and documents. Failure to cooperate may result in our assuming sole control of the defence and seeking indemnification from You for any resulting costs or losses.

Limitation of Liability: Nothing in this indemnity section shall limit or exclude any liability that cannot be limited or excluded under applicable law. Your indemnification obligations under these Terms shall survive the termination of your use of the Websites or the Forums.

By using our services, You acknowledge and accept the responsibility to indemnify Obcidian LTD as outlined above. We emphasize the importance of complying with these Terms to avoid any indemnification obligations and ensure a safe and lawful online environment for all users.

7. CHANGES
Obcidian LTD reserves the right to modify or amend these Terms of Service ("Terms") at any time without prior notice. Such changes may be necessitated by evolving legal requirements, operational improvements, or other considerations. We encourage You, the user ("User"), to regularly review these Terms as well as our Privacy Policy to remain informed about the conditions and obligations that govern your use of our services.

Whenever we make revisions to these Terms, we will make reasonable efforts to notify Users through appropriate means, such as posting a notice on our website or sending an email notification. However, it is ultimately the responsibility of the User to stay updated with any modifications to the Terms.
By continuing to use our services after any changes to these Terms have been made, You signify your acceptance of the updated Terms. If You do not agree to the revised Terms, Your recourse is to cease using our services. Your ongoing use of our services constitutes a binding agreement to abide by the most current version of the Terms and Privacy Policy.
Obcidian LTD values transparency and user trust, and we are committed to maintaining clarity and fairness in our relationship with You. If You have any questions or concerns regarding these Terms or any changes thereto, please contact us via the provided contact information.

8. JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Obcidian LTD or in any way relating to your use of the Websites, resides in the courts of the Commonwealth of Massachusetts and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Obcidian LTD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

9. WAIVER AND SEVERABILITY
No waiver by Obcidian LTD of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Obcidian LTD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
 

10. CONTACT US

Obcidian LTD
contact@obcidian.com
Address - Hayarden 8, Ramat Gan
zip code: 5233306