Terms and Conditions of Use
Last update: 12/12/2019
These Terms and Conditions of Use (the “Terms”) constitute the contract that governs our relationship with users and others who interact with the online product (the “Product”) and related services (the “Services”) known as “Sandy” or “Sanbox” (by: OM2 Technologies Ltd., “Sandy”, “Sandbox”) which provides software developers with a “playground” for their Websocket API, mainly for development and testing purposes and enable companies that expose Websocket API to provide an easy to use “playground” for their customers for easy integration and superior service. By using or accessing the Sandbox site, you agree to these Terms, as updated from time to time, in accordance with Section 1 below. If you do not agree to these Terms, please do not use the Product, Services or access the Sandbox website. Each time you use the Product or Services, the then-current version of the Terms will apply.
- Amendments to Terms, Product, Services and Site
Sandbox reserves the right to change these Terms at any time without notice, except where prohibited by applicable law. Your continued access to or use of the Product and/or Services following any changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
OM2 reserves the right to: (i) discontinue offering, and/or modify the Product and/or Services at any time; and (ii) change, without notice, any information, material or content (including, but not limited to, features, formats, characteristics, notifications, and/or any other content included in the Product and/or Site) at any time, and from time to time. Any changes to the Product Fee (as defined herein) will be notified by in advance.
- Prohibited Use
You shall not use the Product and/or the Services for purposes other than for the purpose set out herein, unless you receive Sandbox’s prior written permission. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to:
- access, monitor or copy Sandbox using automated means (such as harvesting bots, robots, spiders, or scrapers or any manual process), including, without limitation, collect users’ content or information, without our express prior written consent.
- copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Product, Site and/or Services.
- upload viruses or other malware.
- solicit login information or access an account of anyone else.
- You will not manipulate identifiers or other data in order to disguise the origin of any IP Content or to manipulate or disguise your presence on Sandbox.
- create derivative works based on the Product, Site and/or Services, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of them.
- use Sandbox to do anything unlawful, misleading, malicious, or discriminatory.
- do anything that could disable, overburden, or hinder the proper working or appearance of Sandbox, such as a denial of service attack or interference with page rendering or other Sandbox functionality.
- disable or limit (directly or indirectly) any of the security features or components, such as encryption, that protect the Product or Site nor attempt to or actually bypass or use any other measures employed to prevent or limit access to the Product or Site;
- INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS
- You acknowledge that the Product and Services are protected by intellectual property laws. You further acknowledge that all right, title and interest therein belong to and are the exclusive property of Sandbox or its licensors (if any), and Sandbox retains all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Product, Services in whole or in part, by any means, except as expressly authorized under these Terms or as authorized in writing by Sandbox.
- All Sandbox, www.gosandy.io, and Product graphics, logos, designs, pictures, illustrations, artwork, video, music, page headers, button icons, scripts, and service names are unregistered trademarks, trade names or trade dress of Sandbox (collectively, “Trademarks”). Sandbox Trademarks may not be used, including as part of Trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Nothing on the site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed thereon without Sandbox’s prior written permission, except as otherwise described herein. All proprietary rights and goodwill in Sandbox’s Trademarks shall inure to the benefit of Sandbox. The Sandbox site and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the State of Israel and other countries. Sandbox reserves all rights not expressly granted in and to the site and its content.
- Third Party Websites
The Product or Services may provide, links or other access to third party sites and resources on the Internet. Sandbox has no control over such sites and resources and is not responsible for anything contained therein or any result from use thereof. Sandbox does not endorse the information contained on any third party sites or guarantee their completeness, currency, timeliness, noninfringement, quality, accuracy, reliability, merchantability or fitness for any purpose. You acknowledge and agree that Sandbox 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 content, events, goods or services available on or through any such third party site or resource. If you choose to access any such third party site, you do so entirely at your own risk.
- Intellectual Property, Trademarks and Copyrights
- You acknowledge that the Product and any related services are protected by intellectual property laws. You further acknowledge that all right, title and interest therein belong to and are the exclusive property of Sandbox or its licensors (if any), and Sandbox retains all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Product, and Services in whole or in part, by any means, except as expressly authorized under these Terms or as authorized in writing by Sandbox.
- All Sandbox graphics, logos, designs, pictures, illustrations, artwork, video, music, page headers, button icons, scripts, and service names are unregistered trademarks, trade names or trade dress of Sandbox (collectively, “Trademarks”). Sandbox’s Trademarks may not be used, including as part of Trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Nothing on the site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed thereon without the Sandbox’s prior written permission, except as otherwise described herein. All proprietary rights and goodwill in Sandbox’s Trademarks shall inure to the benefit of Sandbox. The Sandbox site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the State of Israel and other countries. Sandbox reserves all rights not expressly granted in and to the site and its content.
- Term and Termination
Sandbox reserves the right to terminate your access to and use of the Product and/or Services at any time, at its sole discretion, and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, suspension, discontinuation or cancellation of Services or your User Account, all provisions of these Terms which by their nature should survive will survive.
If anyone brings a claim against us related to your actions, content use or misuse of Sandbox, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Sandbox and are not responsible for any such actions.
- Warranty Disclaimer
THE PRODUCT, SERVICE, SITE AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SANDBOX MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO SANDBOX, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, OR USAGE.
YOUR USE OF SANDBOX (IN WHOLE OR IN PART) AND ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK.
SANDBOX DOES NOT WARRANT THAT ANY USE OF OR ACCESS TO SANDBOX OR ANY CONTENT WILL BE ERROR-FREE, COMPLETE OR SECURE.
This Section 11 will be enforceable to the maximum extent permitted by applicable law. No information or advice (whether written, oral or otherwise) provided by Sandbox will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in these Terms.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (1) IN NO EVENT WILL SANDBOX BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR
COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL SANDBOX BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE
LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO SANDBOX WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
The laws of the State of Israel, without giving effect to their conflict of laws rules, will govern any and all disputes arising in connection with these Terms or use of Sandbox. Any and all disputes arising in connection with these Terms, use or misuse of Sandbox will be submitted exclusively to the competent court in Tel Aviv-Jaffa, Israel.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- You will not transfer any of your rights or obligations hereunder to anyone else without our consent.
- Sandbox may freely assign any or all of its rights or obligations hereunder in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.