Acceptance of Terms of Use
The following license and terms of use (jointly: "Terms of Use") govern your access and use of SysPlayer and your download, install, access and use of SysPlayer and all information, and any and all available editions, add-ins, tools and documentations, either jointly or separately (collectively and separately known as "SysPlayer" or the "Software"). The Terms of Use are a legally binding agreement between you, ("you", "visitor" and/or "user"), and SysPlayer and its affiliates and subsidiaries (individually and collectively "SysPlayer", "Company" or "us" or "we").
Access or Use of SysPlayer
In order to access or use, you must be legally competent to enter a binding agreement. By accessing or using SysPlayer you consent and agree to comply with and be bound by SysPlayer these Terms of Use, as amended from time to time. We reserve the right to change the Terms of Use at our sole discretion with immediate effect and we will post a note as to the last date these Terms of Use were revised. We encourage you to review these Terms of Use carefully and to periodically refer to them so that you understand them and subsequent changes if any. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE STOP USE OF SysPlayer IMMEDIATELY AND WHERE RELEVANT UNINSTALL. Users of SysPlayer are not warranted that their use shall be uninterrupted or free of any errors. We reserve the right to temporarily or permanently, entirely or partially, discontinue, suspend, remove and change SysPlayer and any of its contents at any time and in our sole discretion without prior notice. We do not commit to keep SysPlayer up to date or to make SysPlayer or all other products or services available at all times, in all territories and/or to all users. We may restrict or limit without notice your access to SysPlayer or parts thereof at our sole discretion and without liability. Please note that these Terms of Use limit our liability and that we do not provide warranties for SysPlayer or contents. It also limits your remedies.
Please note that SysPlayer includes the VLC Media Player, which is distributed to you as part of the SysPlayer. The VLC Media Player is covered by the GNU General Public License, which can be viewed at http://www.gnu.org/licenses/gpl-2.0, and which is deemed a part of these Terms, as they relate to the VLC Media Player.
Grant of Right to Access and Use
Subject to your acceptance of and compliance with these Terms of Use, we grant you a personal, non-commercial, revocable, non-exclusive, non-assignable right to install the SysPlayer and/or access and use SysPlayer solely for your private and personal purposes and always in accordance with the Terms and Use and the applicable law. Any other use is prohibited. The use of any software or automated system to extract data from SysPlayer.com or from SysPlayer is strictly prohibited. You will not disrupt the functioning of SysPlayer or otherwise act in a way that interferes with other users' use of SysPlayer. Without limitation, you are not granted the right to manipulate or in any other way change SysPlayer or the contents. You are forbidden from using SysPlayer or any of its content for any other purpose except for those explicitly described in the previous paragraph, the Terms of Use or with our prior written consent. Any mis-use of SysPlayer contradictory to these Terms of Use is a violation of this Agreement and intellectual property laws, is strictly prohibited and may lead to termination of your right to access or use SysPlayer and related contents, as well as lead to legal action. You agree that you may not use, copy, modify, adapt, distribute, transmit, translate, display or otherwise exploit SysPlayer and you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via SysPlayer without our prior written consent. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the use of SysPlayer. We reserve all rights not expressly granted in and to SysPlayer. We reserve the right to terminate your access to SysPlayer temporarily or permanently, with or without notice to you, and are not obligated to support or update the SysPlayer service. You acknowledge and agree that SysPlayer will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to SysPlayer. Unless explicitly stated otherwise, any new features that augment or enhance SysPlayer will be subject to this agreement.
Use for Commercial Purposes
In the event that you would like to receive a license to use SysPlayer for commercial and/or other non-personal purposes, you are required to contact us in advance, at support@sysplayer.com in order to purchase such license under the terms of a separate license agreement, as shall be separately defined.
Software Features
The Software provides a suite of tools and features that customize and enhance your interaction with video contents.
Third Party's Content
The Product and Services enable you to view content, obtained from third parties, and/or to manage such content.
All title, ownership and intellectual property rights in and to the content, material or otherwise accessed through the Products and/or Services ("Content"), are and shall be retained by the applicable Content owner and may be protected by applicable laws, including copyright and other intellectual property laws. NO license and/or any other rights to such Content are granted under this Agreement.
SysPlayer does not control the information that may be viewed through the use of the Product and Services or otherwise played, viewed, managed and/or accessed through them. SysPlayer does not endorse, the contents of any information or data, accessed through the use of the Product or Services. SysPlayer shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the information accessed through the use of the Product or Services, nor to the right to make such information available or accessible. The content views through the Product or Services is at your sole responsibility and SysPlayer explicitly disclaims any responsibility to the use or misuse of it.
Intellectual Property Rights
SysPlayer and all information and material contained or provided by SysPlayer, and all copyrights in SysPlayer, are owned by us or our licensors and are protected by intellectual property laws and international treaty provisions. You acknowledge that we own or are licensed to use all rights, titles and interests in and to SysPlayer and its contents including without limitation all intellectual property rights therein and thereto. "Intellectual property rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights as may be updated and expanded from time to time. You acknowledge that under no circumstances do you acquire any title or interest to any part of SysPlayer or its contents. If you send us or otherwise share with us any ideas, comments, or suggestions regarding SysPlayer, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.
Trademarks
SysPlayer includes certain marks, graphics, logos, page headers, icons, scripts, and names, used or displayed through SysPlayer are trademarks, trade dress and/or or service marks (whether registered or not) of SysPlayer and its affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SysPlayer (the "Marks"). The Marks may not be used for any commercial or other purposes without our prior written consent. You may not use any metatags or any other "hidden text" utilizing any of the aforementioned trademarks, trade dress and/or service marks without the prior written permission of SysPlayer or the respective owner.
Copyright Infringement Policy
SysPlayer is committed to protecting the rights of intellectual property (including copyrights) holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. SysPlayer respects the intellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and SysPlayer reserves the right to undertake appropriate steps against copyright repeat offenders.
SysPlayer has no responsibility for content of other owners that you may find, access, download and/or upload when using SysPlayer's products or services, including SysPlayer. Any such material may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use that are posted by the respective owners of those materials, and not SysPlayer's, govern your use of that material. You are responsible for complying with all laws and regulations applicable to the material that are made available or download.
You explicitly acknowledge that downloading some files may require authorization and may be subject to restrictions. It is your responsibility to determine what restrictions apply, to comply with all applicable restrictions and to obtain all necessary authorizations.
The license to use the SysPlayer and the services granted hereunder, is conditioned upon your agreement not to use the SysPlayer to infringe the intellectual property rights of others in any way.
SysPlayer, at its sole discretion, may terminate this Agreement with users who are infringers of the copyrights, or other intellectual property rights, of others. In addition, it is SysPlayer's policy, in appropriate circumstances, at its discretion and in accordance with the required under the applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Without limiting any of the foregoing or hereunder, SysPlayer will act expeditiously to process any notices of alleged intellectual property infringement.
SysPlayer's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Goobzo Ltd. c/o Law Offices of Chet Sarid Sapir-Hen Lavron, 5 Azrieli Center, 24th floor, Tel-Aviv, Israel 67025; Via fax: +972-3-6088455; By email: IP@Goobzo.com.
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment cannot be received or processed.
Privacy policy and use of cookies
Use of SysPlayer is also governed by our Privacy Policy the provisions of which are adopted herein by reference so when we refer to these Terms of Use we also refer to the Privacy Policy.
DISCLAIMER OF WARRANTIES
SYSPLAYER AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), functions AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SYSPLAYER ARE PROVIDED BY SYSPLAYER ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR INFORMATION AND PERSONAL USE ONLY WITH NO WARRANTIES WHATSOEVER. SysPlayer, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS (JOINTLY: THE " SYSPLAYER PARTIES") DO NOT ASSUME ANY LIABILITY WHATSOEVER AND DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF SYSPLAYER AND ITS CONTENTS. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF SYSPLAYER AND ITS CONTENTS ARE ENTIRELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF SYSPLAYER AND ITS CONTENTS. THE SYSPLAYER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, OR STATUTORY WARRANTIES WITH RESPECT TO THE SYSPLAYER AND INCLUDED SERVICES AND CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SYSPLAYER PARTIES, JOINTLY AND SEVERALLY, ALSO DISCLAIM ANY WARRANTIES AND LIABILITY REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SYSPLAYER, SERVICES AND CONTENTS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF CERTAIN TERMS OR WARRANTIES, SO THE ABOVE EXCLUSIONS IN WHOLE OR IN PART MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION IN WHICH CASE ONLY THE LIMITATION WHICH ARE LAWFUL IN YOUR COUNTRY OR JURISDICTION WILL APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Notwithstanding any of the foregoing, it is hereby clarified that we take no responsibility for the VLC Media Player software included in the SysPlayer and referred to above, which is governed by its own separate licensing terms (as set forth above), not for any codecs required in order to use SysPlayer, which may be subject to different licensing terms.
Limited liability
INASMUCH AS ENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE SYSPLAYER PARTIES BE LIABLE FOR ANY DAMAGE WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR REPUTATION, AND THE LIKE) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF THE SYSPLAYER PARTIES, JOINTLY OR SEPARATELY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE, INABILITY TO USE AND RELIANCE ON SYSPLAYER AND ITS CONTENTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ACCESS OR USE OF THE SYSPLAYER SERVICES AND CONTENTS FOR ANY REASON. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OR LIMITATION OF LIABILITY OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION AND IN SUCH CASE THE AGGREGATE LIABILITY OF THE SYSPLAYER PARTIES TOWARDS YOU, FOR ALL REMEDIES OWED TO YOU, SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED ONE HUNDRED DOLLARS ($100). YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. WHILE THESE LIMITATIONS OF LIABILITY PROVISIONS USE THE SYSPLAYER PARTIES DEFINITION, THE RESPONSIBILITIES AND LIABILITIES ARE NOT ON A JOINT AND SEVERAL BASIS (I.E. EACH MEMBER OF THE SYSPLAYER PARTIES SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES AND LOSSES CAUSED BY SUCH MEMBER.
Governing law and disputes
SysPlayer can be accessed from or used in numerous places and countries around the world. That shall not be understood as venue or consent to that local jurisdiction as SysPlayer did not avail itself to any other local jurisdiction other than the one stated and expressly implied in these Terms of Use. Any cause of action shall be commenced within one (1) year after the claim arises, or be forever waived. These Terms of Use and any claim or dispute arising out of it shall be governed in all respects by the laws of Israel, excluding its choice-of-law rules, without regard to conflict of law provisions and regardless of your country of origin or where you access or use SysPlayer and contents. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You and SysPlayer agree that all claims arising out of or in relation to the Terms of Use, SysPlayer and any related services or components and the relationship between the parties shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be brought exclusively to the competent courts of Israel. Notwithstanding the above, you agree that SysPlayer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Links to this Site
You may create links to this Site from other websites in as much as it is clear that we do not endorse you or your activity, business, products or services and that you and us are not affiliated in any way.
MISCELLANEOUS PROVISIONS
ENTIRE AGREEMENT. These Terms of Use and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by SysPlayer.
NO WAIVER. Failure or delay of SysPlayer exercise any right, power or remedy under or to require or enforce strict performance by you of any provision of these Terms of Use, the Privacy Policy and any supplemental or incorporated documents or policies shall not be construed as a waiver or relinquishment of any such right, power or remedy.
LANGUAGE. Where we provide you with a translation of the English language version of the of the Terms of Use, Privacy Policy or any other document, you agree that the translation is provided for your convenience only, does not come to modify the English version and that the English language versions govern.
SEVERABILITY. If the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms of Use or section, but rather the entire Terms of Use or section shall be construed as if not containing the particular invalid or unenforceable provision and the rights and obligations of the parties shall be construed and enforced accordingly.
SysPlayer GROUP. Without prejudice to SysPlayer's other rights and remedies pursuant to these Terms of Use, any affiliate or subsidiary of SysPlayer may rely upon and enforce these Terms of Use.
QUESTIONS: Should you have other questions or concerns about these Terms of Use, please contact us at support@sysplayer.com.
Terms of Service Last Version: July 28, 2014