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TERMS AND CONDITIONS OF USE

Welcome to www.FetchBook.Info.
Please read these terms and conditions carefully before using this website, and check them periodically for changes.

EACH AND ANY USE OF THIS WEBSITE (this "Website") OR THE SERVICES AVAILABLE ON THIS WEBSITE (the "Service") IS SUBJECT TO, AND CONDITIONED UPON, ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (the "Agreement"). BY USING THIS WEBSITE OR THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT. THE AGREEMENT IS BETWEEN CYGNUS SOFTWARE LTD. ("Cygnus") AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SERVICE.

The Service; No Endorsement
The Service is an automated way for you to conduct price comparison on the Internet and obtain other services. Cygnus lists information about goods that can be purchased from others, and is not involved in the sale or delivery of any goods, nor acts as an agent for sale of any goods. Such information is collected on your behalf from certain, but not all, publicly available online sources. Any information generated by the Service is provided in response to the data included in your inquiries and accordingly depends on the accuracy of such data.

Cygnus cannot guarantee that the information, whether collected or provided, will represent the lowest price available, or accurately reflect or include any discounts, coupons, other reductions available, currency exchange rates, shipment charges and shipment destinations, book availability, any book related information, book reviews and editions information. There may also be risks dealing with foreign nationals.

Further, Cygnus does not pre-screen, monitor, control or endorse any content posted or otherwise made available through the Service or this Website, whether originated by a user, vendor or any other third party, such as (but not limited to) reviews and information collected or acquired by Cygnus (collectively, the "Content"), and has no obligation to review the Content.

Cygnus reserves the right to allow others to provide commercial, promotional, advertising or marketing information on this Website or through the Service.

Links
Cygnus provides links to the websites of merchants and others. Cygnus may, from time to time, at its sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and you are recommended to review the information provided by third parties (such as, but not limited to, the terms of service of the relevant website) before acquiring any goods.

Permitted Use; Undertakings
You may download or copy the information in this Website or generated by the Service only for your own personal non-commercial use, as long as you maintain all copyright and other notices contained in such content. You may link to this Website as long as your use is not misleading, illegal or defamatory and you are in compliance with the Agreement.

Any other use, including without limitation copying, scrapping, modifying, translating, reverse engineering, decompiling, disassembling, reproducing, distributing, framing, hyper-linking, posting, uploading, displaying or otherwise exploiting, of the Service, any portion of the Content, is strictly prohibited. Without limiting the above, (i) you may not create derivative works based on the Service or this Website, export, sell, license, rent, lease or otherwise transfer rights to the Service or this Website or attempt to discover any source code or underlying ideas or algorithms of the Service, this Website or any part thereof, and (ii) use of any robot, spider, other automated device disallowed in http://www.FetchBook.Info/robots.txt or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Website or bypass any robot exclusion request (either on headers, on http://www.FetchBook.Info/robots.txt or anywhere else on the website), is strictly forbidden.

You further agree (a) to abide by all applicable local, state, national and international laws and regulations in connection with the use of this Website; (b) not to interfere with the use and enjoyment of this Website or the Service by others; (c) not to use this Website or the Service for any illegal purpose; (d) not to impose an unreasonable or disproportionately large load on Cygnus' computer systems or communications infrastructure, nor otherwise interfere with or disrupt the Service, this Website or servers or networks connected to this Website or the Service; (e) to comply with all requirements, procedures, policies and regulations in connection with this Website or the Service; (f) not to attempt to circumvent any protection mechanism in the software included on this Website or to derive the source code or underlying ideas from such software (unless to the extent it may not be prohibited by applicable law); (h) not to resell the Service or use of or access to the Service; (i) maintain the confidentiality of your password used for this Website; and (j) not to create any "referral spam" such as (but not limited to) unsolicited referrals generated by any automated process.

Cygnus may block access to this Website or the Service from any user that Cygnus, in its sole discretion, suspects of breaching any term of this Agreement. Such action shall not derogate from any other right or remedy that Cygnus may have in accordance to any law, agreement or otherwise.

Usage by Children
This Website and the Service are directed to adults, and Cygnus does not knowingly collect personal information from children under the age of 13. Cygnus relies on parents, guardians and those responsible for supervising children to decide which information is appropriate for such children to view. No one under age 13 is allowed to provide any personal information or use any public discussion and comment areas, forums or chats in this Website.

Our Privacy Policy
Certain information about you is subject to Cygnus' Privacy Policy at http://www.FetchBook.Info/privacy.jsp. By accessing this Website you consent to the collection and use of information as described in Cygnus' Privacy Policy, as may be amended by Cygnus from time to time.

Posting of Information
If you upload, post or otherwise make available on this Website any Content ("Your Content") you warrant that you are older than 13 years of age. You further warrant that (i) you are the author and owner of the intellectual property rights to Your Content or have the appropriate license and sublicense rights from the owner, (ii) all "moral rights" that you may have in Your Content have been voluntarily waived by you, and (iii) You have no obligation to provide such content and provide it out of Your free will.

You grant Cygnus a perpetual royalty free, non-exclusive, irrevocable, world-wide, transferable right and license to use, distribute, reproduce, modify, adapt, copy, publish, translate, create derivative works from, sell or distribute Your Content, and incorporate Your Content into any form, medium or technology, without compensation or notice to you. No portion of Your Content shall be subject to any obligation of confidence on the part of Cygnus, and you should expect no privacy with respect to Your content except as provided in Cygnus' Privacy Policy.

You are entirely responsible for all Your Content, and agree not to post, upload or otherwise make available in connection with this Website or the Service any Content that:

• is criticism of a book if not in good faith;
• is known by you to be false, inaccurate or misleading;
• harms minors in any way or otherwise harasses another;
• You do not have a right to make available under any contractual or fiduciary relationship;
• infringes any third party's copyright, rights of publicity or other proprietary rights;
• violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing consumer protection, unfair competition, false advertising and privacy);
• is in Cygnus' sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, profane, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable to any individual or entity;
• You were compensated or granted any consideration for by any third party;
• seeks to obtain a commercial advantage;
• includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personal information;
• contains any computer viruses, worms or other damaging or potentially damaging computer programs or files;
• is, or may reasonably be considered to be, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
• includes a false or misleading email address, impersonates any person or entity, or otherwise provides any misleading information as to the origin of any content that you submit.

Although Cygnus has no obligation to review any Content, Cygnus reserves the right, in its sole discretion, to edit or remove any Content.

Intellectual Property; Trademarks
All content included on or incorporated into this Website by Cygnus, such as text, graphics, logo, trademark, service mark or HTML code made available to you by Cygnus from time to time, button icons, images, compilation of content, format, design, user interface and software, is and remains solely the property of Cygnus or the respective vendor and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Subject to the terms of this Agreement and as long as this Agreement is not terminated, you may display a link to this Website only in the form provided in the enhance site page, as may be updated by Cygnus from time to time, and Cygnus grants to you, a nonexclusive, non-transferable, non-sublicensable license solely to (i) display on your website the Logo in the form provided in the enhance site page for the sole purpose of providing a link from your website to this Website's homepage, (ii) use the Logo outside of the Internet solely to promote this Website so long as you insert under the Logo www.FetchBook.Info in a reasonable size; and (iii) if you are a member of the press, include the Logo in an article that references FetchBook.Info. You may display the Logo only in the form and size provided to you and may not modify or alter the Logo in any way. You may not use the Logo in any way that suggests that Cygnus endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of Cygnus' trademarks or any associated goodwill, including without limitation displaying the Logo on any page that contains infringing or illegal content. All use of and goodwill associated with the Logo shall inure to Cygnus' benefit.

Cygnus makes no claim of ownership as to the trademarks of any vendor whose goods are listed on this Website, or with respect to any publisher or publication mentioned on this Website, including any goodwill that arises from the use of those trademarks.

DISCLAIMER
THE CONTENT, THIS WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYGNUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, CYGNUS MAKES NO WARRANTY THAT THIS WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES CYGNUS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEBSITE, THE SERVICE OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICE, LOGO AND CONTENT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES, SUCH AS DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR EPILEPTIC SEIZURES, IF ANY. CYGNUS IS NOT RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS BY VENDORS OR OTHER THIRD PARTIES, such as (but not limited to) the delivery of, or payment for, goods.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES CYGNUS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS WEBSITE, THE SERVICE, OR THE LOGO, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF USING THIS WEBSITE OR THE SERVICE, OR (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF CYGNUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CYGNUS BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT, WEBSITE OR THE SERVICE (WHETHER IN TORT, CONTRACT OR OTHERWISE) FOR ANY AGGREGATE AMOUNT IN EXCESS OF UNITED STATES $5. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain liability. Accordingly, some of the above limitations may not apply to You.

INDEMNIFICATION
YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CYGNUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, THE SERVICE OR THE CONTENT; (II), CLAIMS THAT YOU MAY HAVE THAT ARE RELATED IN ANY WAY TO THE CONTENT OR TO ACTIVITIES OR OMISSIONS OF ANY VENDOR; OR (III) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR CONTENT.

Copyright and Intellectual Property Infringement Claims
If you believe that your copyrights or other intellectual property rights have been violated, please notify the agent designated by Cygnus to receive notifications of alleged intellectual property rights infringement for this Website:

By our Comments Form: on http://www.FetchBook.Info/comments.jsp using the subject "Copyright Notice".

By Phone: ++972(77)8840830

You must include in your notice a: (1) description of the copyrighted work that is the subject of claimed infringement, (2) description of the infringing material and information sufficient to permit Cygnus to locate the alleged material Contact information for you, including if available your address, telephone number and email address, (3) statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (4) statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (5) physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.

Amendments
Cygnus may change the terms of this Agreement or the Service at any time(s) and in its sole discretion, upon posting notice on this Website. If you do not agree to the new or different terms, you should not use the Service.

Termination
Cygnus may discontinue temporarily or permanently or terminate the Service with or without notice, with or without cause at any time. You agree that Cygnus shall not be liable to you or any third party for any discontinuance or termination of the Service.

Notices
All notices to Cygnus must be made in writing via the comments form http://www.FetchBook.Info/comments.jsp.

Miscellaneous
This Agreement and Cygnus' rules and policies in this Website comprise the entire agreement between you and Cygnus and supersede all prior oral and written agreements pertaining to this Agreement's and such rules' and policies' subject matter. This Agreement shall be governed by the laws of the State of Israel without giving effect to its conflict of law principles. The parties consent to the exclusive jurisdiction and venue of competent courts in Tel Aviv, Israel for any dispute arising from or relating to this Agreement. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. Cygnus may assign this Agreement to any party at any time.

LAST UPDATED FEBRUARY 27, 2006