TERMS OF USE
The terms and conditions set forth below ("Terms") govern your use of the http://www.AirMeUp.com ("Website") of AirMeUp Ltd. ("AirMeUp").
By using the Website you ("You" and "Your") agree to be bound by: (i) the Terms; and (ii) AirMeUp's Privacy Policy, available at www.AirMeUp.com/privacy ("Privacy Policy"). If you download or use AirMeUp's software or services, you agree to be bound by the End User License Agreement ("EULA") available at www.AirMeUp.com/license.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. If You do not agree with any of the Terms or Privacy Policy, do not access or otherwise use the Website or any information contained herein. We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website following the posting of changes to these Terms will mean You accept those changes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Website ("Software") is the copyrighted work of AirMeUp. You agree that use of the Software, or part thereof, is governed by the terms of the EULA that accompanies or is included with the Software. Except as set forth in the applicable EULA, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Links to Third Party Websites
This Website may be linked to other websites which are not under the control of or maintained by AirMeUp. Such links do not constitute an endorsement by AirMeUp of those websites. You acknowledge that AirMeUp is providing these links to You only as a convenience and You agree that AirMeUp is not responsible for the content of those websites.
Proprietary Rights
The content on the Website, the Software, and including without limitation, all submissions, the text, documents, products, software, scripts, graphics, photos, sounds and services provided on this Website and any other content on the Website ("Material") and the trademarks, service marks and logos contained therein, are owned by or licensed to AirMeUp. Material on the Website is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without AirMeUp's prior written consent. AirMeUp reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Material for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Material or enforce limitations on use of the Website.
LIMITATION OF LIABILITY AND WARRANTY
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE WEBSITE ARE FOR PAYMENT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AIRMEUP, THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRMEUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AIRMEUP DOES NOT WARRANT THAT THE WEBSITE, OR THE MATERIALS, WILL PROVIDE UNINTERRUPTED OR ERROR-FREE SERVICE, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT AIRMEUP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AIRMEUP DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, MATERIAL, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL AIRMEUP, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR THE WEBSITE EVEN IF AIRMEUP HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM AIRMEUP OR FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES
AIRMEUP DOES NOT PROVIDE EMERGENCY SERVICES IN CONJUNCTION WITH THE SOFTWARE APPLICATION OR ANY OTHER SERVICES. "EMERGENCY SERVICES" ARE SERVICES THAT CONNECT A USER TO EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS PURSUANT TO APPLICABLE LOCAL AND OR NATIONAL REGULATORY REQUIREMENTS. NEITHER AIRMEUP NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE APPLICATION OR ANY OTHER SERVICE PROVIDED HEREUNDER TO CONTACT EMERGENCY SERVICES PERSONNEL. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS AIRMEUP, AIRMEUP STAFF, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES ANY SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE APPLICATION OR ANY OTHER SERVICES PROVIDED UNDER THESE TERMS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SOFTWARE APPLICATION SERVICE OR ANY OTHER SERVICE PROVIDED HEREUNDER, INCLUDING SPECIFICALLY ANY CLAIMS ARISING OUT OF THE FAILURE OF AIRMEUP TO OFFER EMERGENCY SERVICES.
Trademarks
"AirMeUp" logo is a trademark of AirMeUp. Other product names or service marks mentioned herein may be trademarks or registered trademarks of their respective owners and are hereby acknowledged.
Copyright Policy
AirMeUp respects the intellectual property of others, and we ask our users to do the same. AirMeUp may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringed, please provide AirMeUp's copyright agent the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) A description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) A description of where the material that You claim is infringed is located on the Website, including the URL; (iv) Your address, telephone number, and email address; (v) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. AirMeUp's copyright agent for notice of claims of copyright infringement can be reached as follows: By web contact form; By fax: +972-3-5602216 By email: info@airmeup.com.
Copyright Policy
AirMeUp respects the intellectual property of others, and we ask our users to do the same. AirMeUp may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringed, please provide AirMeUp's copyright agent the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) A description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) A description of where the material that You claim is infringed is located on the Website, including the URL; (iv) Your address, telephone number, and email address; (v) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. AirMeUp's copyright agent for notice of claims of copyright infringement can be reached as follows: By web contact form; By fax: +972-3-5602216 By email: info@airmeup.com.
Ability to Accept Terms
You affirm that you are able by law to enter into these Terms, or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You affirm that you are permitted by law and by your contractual arrangements with your phone and other service providers to download the Software and use the AirMeUp Software and other services.
Termination
These Terms are effective until terminated. Unauthorized copying of the Materials or otherwise failing to comply with these Terms will result in automatic immediate termination of Your right to access the Website and use the Materials and will make available to AirMeUp other legal remedies. Upon termination of these Terms, licenses granted under the Website will terminate and You: (i) Will cease any and all use of the Software, and (ii) Will remove the Software from all hard drives, cell-phones, networks and other storage media and destroy all copies of the Software in Your possession or under Your control. The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.
Miscellaneous
This Website may include inaccuracies, typographical errors or information which is not current. AirMeUp (or its third party providers) may make improvements, updates and/or changes in the Materials described in this Website, if any, at any time without notice. Such updates and revisions will be supplied according to AirMeUp's then prevailing policies. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. These Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Israel without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in Tel Aviv-Jaffa, Israel only, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted and construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AirMeUp to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and AirMeUp and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
Last revised: March, 2009


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