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TERMS OF USE

Last Updated: September 4th, 2020

PLEASE CAREFULLY READ THROUGH THE FOLLOWING TERMS OF USE BEFORE USING ANY PART OF THE SITE. Welcome to top10sciencekits.com (together with its subdomains, Content and Marks, the “Site”). Please carefully read the following Terms of Use prior to using this Site in order to become aware of your legal rights and obligations in reference to top10sciencekits.com (“we”, “our”, or “us”). By using or accessing the Site you explicitly accept and agree that you are entering a binding legal contract with us and have understood and agreed to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy and Cookies Policy which can be found by clicking here Privacy Policy (the “Terms”). You hereby relinquish any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you have any reservations about being bound by these Terms, please do not visit or use this Site.

  1. Modification. We retain the right to alter these Terms at any time, as per our discretion. Any such changes shall be effective ten (10) days after posting the revised Terms on the Site. Any continued use of the Site by you following these changes means you have accepted them.

  2. Ability to accept Terms. This Site is designed for individuals who are sixteen (16) or older. If you are under 16 years, please do not visit or use this Site.

  3. Site Access. During the period in which these Terms are in force, we hereby grant you permission to visit and use the Site, providing that you abide by these Terms and applicable law.

  4. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

  5. Third Party Sources and Content.

    1. On the Site, you can view, access, link to and use content from Third Party Sources (defined below). This content is not our property and therefore is not controlled by us (“Third Party Content”). You may also communicate and interact with Third Party Sources on our Site. “Third Party Source(s)” means: (i) our partners and customers; and (ii) third party websites and services.

    2. We do not manage, nor control any Third Party Sources. We therefore take no responsibility for the content, privacy policies, terms of use, practices or actions of any Third Party Source. We recommend that you read the privacy policy and terms of use of any Third Party Source that you converse with prior to engaging in any such activity.

    3. We hold no responsibility over, and we explicitly disclaim all warranties referring to, the accuracy, usefulness, appropriateness, safety or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.

    4. Third Party Content on the Site might be offensive, indecent, inaccurate, or objectionable. It is always your choice to decide whether or not interaction with a Third Party Source is appropriate or to use and view Third party Content. Any such interaction and use of, and reliance upon, any Third Party Content should be made solely at your discretion and risk.

    5. Your interaction with a Third Party Source is under your sole responsibility and liability. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against top10sciencekits.com, and release top10sciencekits.com for any and all liability, with respect to your use of, and interaction on, any Third Party Content and/or any Third Party Source. We expressly disclaim any and all liability in connection with such Content or Source. You hereby agree that any query or complaint you may have regarding a Third Party Source or any Third Party Content, should be addressed to the Third Party Source directly.

  6. Intellectual Property Rights.

    1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) and User Submissions, as defined below (together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of top10sciencekits.com and/or its licensors and are protected by applicable copyright or other intellectual property laws and treaties. The Site, the Site logo, and other marks are Marks of top10sciencekits.com or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.

    2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

  7. User Submissions.

    1. Responsibility. The site may permit the submission, hosting, sharing, and publishing of Content by you and other users (“User Submissions”). You acknowledge that whether or not such User Submissions are published, confidentiality is not guaranteed. You hold the sole responsibility for your User Submissions and any consequences due to posting, uploading, or publishing them. The decision whether or not to publish your User Submissions is subject to our complete discretion, while reserving the right and without further notice to you, to censor, edit, remove, monitor, and/or delete any and all Content posted on the Site (including User Submissions) at any time and for any reason.

    2. Ownership. You allege and affirm that you own or possess the necessary rights and authorizations to use and permit the Site to use all Intellectual Property Rights (defined above) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Any mention herein of Content will include references to User Submissions, unless they are separately addressed. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You maintain all of your ownership rights in and to your User Submissions.

    3. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you legally possess such rights; (ii) is unfair, deceitful or misleading under the consumer protection laws of any jurisdiction; (iii) generates a risk to a person’s health or safety, generates a risk to public health or safety, undermines national security, or interferes with an investigation by law enforcement; (iv) promotes illegal drugs, violates export control laws, pertains to illegal gambling, or illegal weapon trafficking; (v) impersonates another person; (vi) involves theft or terrorism; (vii) is unlawful, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; or (viii) is otherwise malicious or fraudulent.

    4. Exposure. You acknowledge and agree that while accessing and using the Site: (i) you might come across User Submissions that are offensive, inaccurate, unseemly or otherwise objectionable; and (ii) you will come across User Submissions from an assortment of sources, and that top10sciencekits.com will not be held responsible for the usefulness, accuracy, safety or Intellectual Property Rights of, or pertaining to, such User Submissions.

    5. License to User Submissions. By posting or uploading or publishing the User Submissions to top10sciencekits.com you provide top10sciencekits.com with a worldwide, irrevocable, royalty-free, perpetual, non-exclusive, transferable, and sublicensable license to use, distribute, prepare derivative works of display, reproduce, and perform the User Submissions in relation with the Site and top10sciencekits.com business, including without limitation for redistribution of part or all of your User Submissions (and derivative works thereof) through any media channels and in any media formats, and you hereby relinquish any moral rights in your User Submissions, to the extent permitted by the law. You also hereby provide each user of the Site or other viewer or user of the User Submission a non-exclusive right to distribute, use, prepare derivative works of, reproduce, perform, and display such User Submissions, all in conformity with these Terms.

  8. Disclosure. We retain the right to read, preserve, access, and disclose any information that we gain in relation to the Site, and your use thereof, as we believe, within reason, that is vital for (i) replying to user support requests, (ii) meeting any applicable law, regulation, legal process, subpoena or governmental request, (iii) imposing the Site Terms, including conducting an investigation as to potential violations of them, (iv) protecting the rights, property or safety of top10sciencekits.com, its users or the public, or (v) detecting, preventing, or otherwise attending to fraud, security or technical issues.

  9. Information Description. We try to be as accurate as possible. We cannot and do not however commit that the Content accessible on the Site is accurate, current, complete, reliable or free from errors. We retain the right to change the Content, or any part thereof, at our sole discretion, without having to notify you prior to or after making such changes to the Content. Any use you make of the Content, or any part thereof, is done at your own responsibility and risk.

  10. Links.

    1. The Site may include links, and may authorize you to post content, to third party websites that are not directly or indirectly owned or controlled by top10sciencekits.com. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You (i) manifestly release top10sciencekits.com from any and all liability that may ensue from your use of any third-party website; and (ii) hold the sole responsibility and liability for your use of and linking to third-party websites and any content you may share or upload to a third-party website. Consequently, we urge you to read the terms and conditions and privacy policy of each third-party website that you choose to access.

    2. We allow you to link to the Site on condition that: (i) the Content, as it appears on the Site, shall be accurately described in the hyperlink text; (ii) you link to, rather than copy, any page on this Site; (iii) you shall not link from a website containing content that (a) is in any way offensive or a subject of controversy (both per our sole discretion), or (b) violates any intellectual property, privacy rights, or other rights of any person or entity; (iv) your relationship with top10sciencekits.com shall not be misrepresented in any way nor shall you provide any false information about top10sciencekits.com nor shall you insinuate that we are supporting any services or products, unless you were given our express prior consent; and/or (v) you, and your website, abide by these Terms and Applicable law.

  11. Warranty Disclaimers.

    1. This part of the Terms is to be applied whether the services we provide under the Site are paid for or not. Applicable law may not permit the exclusion of particular warranties, so to that extent particular exclusions set forth herein may not apply.

    2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. top10sciencekits.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. top10sciencekits.com DOES NOT ASSURE THAT THE SITE WILL BE FREE OF VIRUS ATTACKS, SECURITY BREACHES, OR BUGS. THE SITE MIGHT BE UNAVAILABLE FROM TIME TO TIME FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU ACKNOWLEDGE THAT top10sciencekits.com DOES NOT HOLD ANY RESPONSIBILITY FOR ANY REPERCUSSION TO YOU OR ANY THIRD PARTY THAT MAY BE THE OUTCOME OF TECHNICAL PROBLEMS OF THE INTERNET, TRAFFIC CONGESTION, SLOW CONNECTIONS, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT ASSERT, GUARANTEE OR SUPPORT ANY CONTENT, PRODUCT, OR SERVICE THAT HAS BEEN PUBLISHED OR FEATURED BY A THIRD PARTY ON THE SITE.

    3. top10sciencekits.com DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

    4. YOU EXPLICITLY AGREE THAT top10sciencekits.com DOES NOT HOLD ANY RESPONSIBILITY FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, ILLEGAL, NEGLIGENT, OR OFFENSIVE CONDUCT) OF ANY SITE USER AND THAT ANY RISK OF DAMAGE OR HARM FROM THE FOREGOING LIES SOLELY ON YOU.

    5. YOUR DEPENDENCE ON, OR USE OF, ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR ANY ACTIVITY WITH ANY THIRD PARTY PRESENTED ON THE SITE, IS AT YOUR OWN RISK SOLELY. IF YOU HAVE AN ALTERCATION RESULTING FROM USING THE SITE, YOU ACKNOWLEDGE THAT top10sciencekits.com IS NOT AND SHALL NOT BE ACCOUNTABLE FOR ANY DAMAGES OR CLAIMS ORIGINATING FROM OR RELATED TO SUCH ALTERCATION.

    6. EXCLUDING AS EXPLICITLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROTECTION OF ANY INFORMATION THAT MAY HAVE BEEN PROVIDED BY YOU OR ACTIVITIES THAT YOU TAKE PART IN WHILE YOU ARE USING THE SITE.

    7. WE ATTEMPT TO SUGGEST TO YOU WORTHWHILE INFORMATION CONCERNING THE PRODUCTS AND SERVICES THAT ARE PRESENTED/REVIEWED ON THE SITE. FOR THE PURPOSE OF PROVIDING YOU WITH THIS SERVICE COST-FREE, HOWEVER, WE MUST LOOK FOR REVENUE OPPORTUNITIES IN OTHER MANNERS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SITE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. HOWEVER, IN ALL SUCH CASES, ANY REVENUES PAID TO top10sciencekits.com SHALL NOT HAVE ANY IMPACT ON THE INFORMATION WE DISPLAY ABOUT A CERTAIN THIRD PARTY FEATURED ON OUR SITE.

  12. Privacy. We will make use of any personal information that we may gather or attain in relation to the Site according to our privacy policy, available at Privacy Policy. You hereby acknowledge that we may use personal information provided by you or made available to us according to the Privacy Policy.

  13. Limitation of Liability.

    1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, top10sciencekits.com SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF top10sciencekits.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not be applicable to you.

    2. IN ANY EVENT THE ACCUMULATED LIABILITY OF top10sciencekits.com FOR ANY AND ALL DAMAGES ORIGINATING FROM THESE TERMS OR OUT OF YOUR USE OF, OR INCAPABILITY TO USE,SHALL NOT BE GREATER THAN THE TOTAL AMOUNT SPENT BY YOU TO top10sciencekits.com (IF ANY) DURING 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. HENCE, IF THERE WAS NO SPEND IN THE 90 DAYS,  top10sciencekits.com SHALL NOT HAVE ANY LIABILITY FOR YOU WHATSOEVER  

  14. Indemnity. You agree to defend, indemnify and hold harmless top10sciencekits.com and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to lawyer’s fees) resulting from: (i) your User Submissions; (ii) your interaction with any Site user; (iii) your use of, or incapability to use, the Site; or (iv) your lack of compliance with these Terms.

  15. Term and Termination. These Terms are in effect until terminated by top10sciencekits.com or you. top10sciencekits.com, has the right to terminate these Terms and/or prevent you from accessing the Site, or any part thereof, at once at any time and with or without cause, based on our sole discretion (including, without limitation, a violation of these terms). top10sciencekits.com shall not be responsible to you or any third party for termination of the Site or any part thereof. If you have an objection to any of these conditions and terms, or any subsequent alterations thereto, or become discontented with the Site in any way, the only possible course of action is to discontinue use of the Site at once. Upon termination of these Terms, you shall cease all use of the Site. This section 15 and sections 6 (Intellectual Property Rights), 7.5 (License to User Submissions), 11 (Warranty Disclaimers), 12 (Privacy), 13 (Limitation of Liability), 14 (Indemnity), and 17 (Independent Contractors) to 18 (General) shall survive termination of these terms.

  16. Assignment. These Terms, and any licenses and rights given hereunder, may be assigned by top10sciencekits.com without restriction nor without having to notify you about it. They may not, however, be assigned or transferred by you.

  17. Independent Contractors. You and top10sciencekits.com are independent contractors. Nothing in these Terms forms a partnership, agency, joint venture, or employment relationship between you and top10sciencekits.com. You have no privilege under any circumstances to undertake, or make, any warranties, representations, obligations, or commitments on behalf of top10sciencekits.com.

  18. General. top10sciencekits.com retains the right to suspend or alter any aspect of the Site at any time. The relationship between you and top10sciencekits.com and these Terms will be determined and interpreted in conformity with the laws of the State of Israel, without concern to its principles of conflict of laws. You hereby agree to observe the personal and sole jurisdiction of the courts located in Tel Aviv-Jaffa and relinquish any jurisdictional, venue, or inconvenient forum objections to such courts, provided that top10sciencekits.com may seek injunctive relief in any court of competent jurisdiction. These Terms shall account for the entire agreement between you and top10sciencekits.com in relation to the Site. If any stipulation in these Terms is considered invalid by a court of competent jurisdiction, the invalidity of such stipulation shall not affect validity of other stipulations in these Terms, which shall continue to be binding. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU ACKNOWLEDGE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE RESULTING FROM OR CONNECTED WITH THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ENSUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY PROHIBITED.

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