ISM website – terms of use

The current version of this contract was first posted on April 8th, 2014 and becomes effective as of April 8th, 2014. These Terms of Use supersede and replace all previous versions.

The following “Terms of Use” create a legally binding agreement between you (“User” or “You”) and the Israeli Society for Microscopy (“ISM“).

ISM is the owner and operator of the website known as ism.technion.ac.il (the “ISM website”).

User’s access to or use of the ISM Website is subject at all times to these Terms of Use, as may be amended by ISM from time to time.

Section 1 – Information

“Information”- shall mean any data, text, user generated content or other User submission, in any format, including text, photo, audio file, computer code, artistic rendition or any other form of audio visual data.

Section 2 – Improper use by User

You hereby certify, represent, warrant and agree that:

• you shall use the ISM Website and all Information made available through the ISM Website for legal and legitimate noncommercial purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.

• Any Information you submit is to the best of your knowledge true, accurate, complete, current, and that you have the legal right to submit and publish it.

• ISM reserves the right to edit or remove any Information which you have posted on the ISM Website.

Section 3 – License & Use

User is granted a limited license to access the ISM Website. User’s license is individual, personal, limited, restricted, non-exclusive, non-transferable, non-sub licensable, noncommercial, revocable, and terminable. User may not copy or make use of any Information on the ISM Website without first receiving the approval of the ISM or the Information owner.

User Grants the ISM, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, royalty free license to make noncommercial use of any Information submitted by the user for publication on the ISM website.

3.1 Special License for Educational Purposes.

The ISM and the User hereby grant any User a limited nonexclusive and non-sub licensable international license, to copy and use any Information loaded onto the ISM Website, solely for educational, non-commercial purposes.

Section 4 – Intellectual Property and Proprietary Rights

The ISM Website and the Information made available through the ISM Website are subject to copyright, trademark, intellectual property, trade secret and other proprietary rights (“IP Rights”) and their use by User beyond these Terms of Use is strictly prohibited.

User shall not copy, reproduce, duplicate, publish, display, transmit, distribute, give, sell, trade, resell, market, offer for sale, distribute, modify, create derivative works or otherwise exploit for valuable consideration any Information made available through the ISM Website without the express written consent of ISM or the legal owner of the Information.

Section 5 – Code of Conduct

This section sets forth the ISM Code of Conduct (‘Code’). All Users and visitors MUST fully comply with this Code at all times.

5.1 Inputting Information

User shall not knowingly submit illegal or improper Information onto the ISM Website, or Information that violates any applicable local, state, national or international law, regulation, or convention.

5.2 Use of the ISM Website

User shall not use the ISM Website or Information made available through the ISM Website for any purposes or in any manner that is illegal or improper

5.3 Acts against the ISM Website

User shall not attempt to or engage in potentially harmful acts that are directed against the ISM Website

5.4 Suspected Misuse and Penalties

ISM shall be the sole and final arbiter of suspected Code violations. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:

• Suspension;

• Termination;

• Legal action.

ISM reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.

Section 6 – Legal Notices

6.1 Interruption and Errors

ISM does not guarantee that the ISM Website will be uninterrupted or error-free. ISM may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the ISM Website, or any portion thereof, at its discretion, with or without notice.

6.2 Securing User Information

ISM uses commercially reasonable business practices to secure its ISM Website. ISM does not guarantee the security of Information and shall not be responsible for infiltration.

6.3 Disclaimer of Warranties

DO NOT RELY ON ISM, OR ANY INFORMATION THEREIN. WE PROVIDE THE PLATFORM FOR ISM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ISM DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. IF USER ARE DISSATISFIED OR HARMED BY ISM OR ANYTHING RELATED TO BUY A CONTACT, USER MAY TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE USER’S SOLE AND EXCLUSIVE REMEDY.

ISM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS IN MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE ISM WEBSITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT USER’S USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

6.4 Limitation of Liability

USER EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ISM SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ISM WEBSITE.

6.5 Indemnification

User agree to indemnify, defend, and hold ISM harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from (i) User’s failure to comply with this Agreement, including, without limitation, User’s submission of content that violates third party rights or applicable laws, (ii) any content User submit to ISM, (iii) any activity in which User engage on or through the ISM Website or (iii) User’s use of the ISM Website or Information made available through the ISM Website.

6.6 Legal Inquiries and Requests

In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, User agree and authorize ISM to disclose Information about User without a subpoena.

6.7 Choice of Law, Jurisdiction, Forum and Remedies

This contract shall be governed by the laws of the State of Israel, regardless of the choice of law rules of any jurisdiction with exclusive jurisdiction given to the courts in the district of Tel Aviv.

6.8 Changes to this Agreement

ISM may change the Terms of Use at any time. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of the pages on ism.technion.ac.il

Section 7 – Miscellaneous Terms

7.1 Third Party Links

Our ISM Website may contain links to other sites. ISM does not control or endorse those sites by linking to them and is not responsible to their content. User is solely responsible for User’s use of those sites.

7.2 Correspondence and Notices

All notices required by this agreement may be sent by email to

Or by registered mail to: mtyaron@technion.ac.il

Israel Society for Microscopy, c/o Yaron Kauffmann, Electron Microscopy Lab, Department of Materials Science and Engineering, Technion – Israel Institute of Technology, 32000 Haifa, Israel

Notices are effective upon receipt.

I HAVE READ THESE TERMS OF USE. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.