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VisualBee.com Website Terms of Use

Effective Date: September, 2010

Please Read Carefully Prior To Using This Web Site

www.VisualBee.com (the “Web Site”, “Site”) is owned and operated by Visual Software Systems Ltd. (“VisualBee”)

Use of this VisualBee Web Site is governed by the terms and conditions below (“Terms of Use”). By using this Web Site you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Web Site.

You may not use this Web Site and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with VisualBee as specified herein; or (b) you are a person barred from using the Web Site under the laws of the State of Israel or other countries including the country in which you are resident or from which you use the Web Site.

Although we operate internationally, the servers that host this Web Site are located in the United States, and any personal details you provide will be primarily processed by them. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy. VisualBee expressly excludes any representation or warranty, express or implied, with respect to the information available on this Web Site. VisualBee makes no representation about any third-party Web Sites that may be accessed via links from this Web Site. By using this Web Site, you agree that the laws of the State of Israel will govern all matters between you and VisualBee with respect to your use of this Web Site.

VisualBee grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site.  VisualBee reserves the rights to terminate your license to use the Site at any time.

VisualBee reserves the right to change these Terms of Use at any time. We recommend that you periodically check this Web Site for changes.

1.         Intellectual Property Rights

1.1       Ownership

“VisualBee”, the VisualBee logo and the VisualBee design are trademarks or trade dress of VisualBee, may not be used without express written permission from VisualBee, other than for attribution. All other trademarks not owned by VisualBee that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VisualBee.

VisualBee originated content included on the Site, such as all content, text, images, data, information and other material displayed, available or present on this Web Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of VisualBee, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Web Site is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use. Except as set out in these Terms of Use, no reproduction of any VisualBee - originated content is permitted without written permission from VisualBee.

It is VisualBee's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers. Details of VisualBee' policy can be found at: [link to the Digital Millennium Copyright Act web page - http://www.copyright.gov/legislation/pl105-304.pdf and for official summary of the act http://www.copyright.gov/legislation/dmca.pdf ]

1.2       Authorized and Prohibited Uses

You may access, use, display this Web Site and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Web Site or the Content without our prior written permission. If this Web Site permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Web Site or the Content.

You my also download the VisualBee software from the Web Site, subject to the terms of the VisualBee End-User License Agreement.

1.3 User Content  

Except as provided in the VisualBee Privacy Policy as appears on the Web Site, any Content that you submit to this Web Site or VisualBee, including but not limited to e-mail you send to us through the Web Site (“User Content”), will be deemed to be non-confidential and may be disclosed through this Web Site to unknown persons on a worldwide basis without control by VisualBee, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Web Site or VisualBee except for Content that is fully authorized for purposes of this Web Site and these Terms of Use, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that VisualBee shall have, and hereby grant to VisualBee, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Web Site or VisualBee. VisualBee does not endorse any User Content, or third party product or service that may appear on this Web Site. Nothing in these Terms of Use shall obligate VisualBee to use any User Content you submit or permit the posting of such Content on this Web Site.

1.4 Registration and Passwords  

In order to post certain User Content on the Website, you may be required to have a password and provide certain registration details. The details you provide must be correct, current, and complete. If VisualBee believes that the details are not correct, current, and complete, we have the right to refuse you access to the Web Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Web Site, and you are fully responsible for all activities that occur under your password(s) and use of your account. You agree to notify us immediately if you suspect any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

2.         Web Site Administration

2.1       Access Arrangements and Fees

Your use of this Web Site shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by VisualBee in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Web Site.

2.2       Authority of Web Site Administrator

VisualBee may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms of Use, the Content or any link at any time without liability or prior notice. VisualBee may in its discretion terminate the browsing of, registration with and use of this Web Site by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

2.3       Import/Export Control

You agree not to submit any Content to this Web Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

3.         Your Obligations

3.1       Compliance

You agree to comply with all applicable laws in connection with your use of this Web Site.

By using the Web Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Web Site does not violate any applicable law or regulation. Your account may be terminated without warning, if we believe that you are under the required age as you represent yourself.

3.2       Functional Compatibility and System Abuse

If the Web Site accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Web Site. You will not attempt to and will not damage, corrupt, tamper with or infect this Web Site, the Content or any information or telecommunication system of VisualBee with a virus or other malicious computer program. You will only use this Web Site for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Web Site. If you become involved in any violation of system security, VisualBee reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

3.3       Your Cooperation and Notification

You agree to cooperate with all reasonable requests of VisualBee and will notify VisualBee promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Web Site.

3.4       Third Party Sites and Other Information

Regarding information submitted by third parties over whom VisualBee has no control or responsibility, VisualBee has no obligation to monitor, control or restrict the use of this Web Site, or third party Web Sites accessible via links on this Web Site. These other sites are not under VisualBee's control, and you acknowledge that VisualBee is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such link does not imply endorsement of any site by VisualBee or any association with its operators. Moreover, In accessing the Web Site and following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Web Site and VisualBee has no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.

4.         Warranty Disclaimers

THIS WEB SITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. VISUALBEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5.         Limitations on Liability and Remedies

VISUALBEE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH VISUALBEE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEB SITE) IS TO DISCONTINUE YOUR USE OF THE WEB SITE. VISUALBEE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH VISUALBEE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VISUALBEE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VISUALBEE AND ITS AFFILIATES' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. VISUALBEE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF VISUALBEE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF VISUALBEE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) AN AMOUNT EQUAL TO FIVE US DOLLARS (us$5.00).

6.         Indemnification

You agree to defend, indemnify and hold harmless VisualBee and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Web Site.

7.         Miscellaneous

7.1       General

VisualBee and you are independent entities, and nothing in the Terms, or via use of the Web Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between VisualBee and you.

These Terms supersede any previous agreement and represent the entire agreement between VisualBee and you.

7.2       Separate Terms and Conditions

From time to time in connection with your use of and/or access to Content contained in certain areas of this Web Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Web Site. Any such terms will not vary or replace these Terms of Use regarding any use of this Web Site, unless otherwise expressly stated.

7.3       Privacy Policy

VisualBee is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy. The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.

7.4       Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this Web Site or these Terms of Use (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with VisualBee in order to achieve a mutually satisfactory resolution. VisualBee has no obligation to become involved in any dispute between a user and any other person.

This Web Site, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the District Court of Tel Aviv. You further agree that VisualBee is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use.

7.5       Modification of Terms of Use and Privacy Policy

These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and VisualBee with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and VisualBee shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Web Site, any use by you of this Web Site, any User Content on this Web Site, or these Terms of Use.

7.6       Special Note for Parents and Children Under Age 18

The site you are visiting is a general audience site. The Web Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personal information, we will delete such information from our files. If you are under 18, do not attempt to provide us any information about yourself.

8.         Contacting Us

If you have any questions regarding these Terms of Use or this Web Site, please contact us by e-mailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. .

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


Digital Millennium Copyright Act

VisualBee respects the intellectual property of others, and we ask our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. Your letter (with your personal information removed) may be forwarded to VisualBee for publication and a link to your published letter may be displayed on VisualBee in place of the removed content.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail only--not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must provide the URL to each VisualBee page that allegedly contains infringing material.
  3. Provide your address, telephone number, and email address such that VisualBee can contact you.
  4. Provide information, if possible, sufficient to permit VisualBee to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address: 6 HaNechoshet St., Ramat HaHayil, Tel Aviv 69710, Israel OR e-mail address : This email address is being protected from spambots. You need JavaScript enabled to view it.

VisualBee will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact VisualBee and provide information sufficient for us to verify that the user is a repeat infringer.