Terms of service

Terms of Service

Last updated: February 2023

Faze2 Partners Ltd., Israeli company registration number 515320471, a member of the Ruby Capital group (“Ruby Capital“, “us“, “our“, or “we“), owns and maintains this website (“Site“). These Terms of Service (“Terms“) govern your access and use of the Site and the features available thereon, including without limitation, any informational or promotional material regarding Ruby Capital, its products and services, and communication with us, if and as available from time to time (together with the Site, the “Services“). Our Privacy Notice, available at https://rubycapital.com/en/privacy-notice (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Site and/or Services.

Please read these Terms carefully. By visiting our Site, you agree to be bound by these Terms, as they may be amended from time to time, at our sole discretion. Any update to the Terms will take effect from the date it is published on the Site. Your continued use of the Site following any update shall be deemed acceptance of any such amended or updated terms. If you do not agree to any of these Terms, you may not make any use of the Services.

For any questions or requests regarding these Terms, please send us an email at office@rubycapital.com.

1. Use of Services

• Subject to these Terms, Ruby Capital allows you to access and use the Services on a non-exclusive basis for personal use, subject to these Terms and any restrictions related to the Site and/or Services. Any other use of the Site and/or Services is subject to Ruby Capital’s prior written consent. Commercial use of the Site and/or Services is prohibited.

• Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (b) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Services.

• Subject to applicable law, we reserve the right to suspend, terminate or refuse to provide the Site and/or Services at any time and for any reason, at our discretion. A notice regarding such suspension or cancellation will be provided on the Site. Subject to applicable law, we shall not be responsible for any damages caused as a result of any changes, suspension or cancellation of the Site and/or Services.

2. Content.

• Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Site, including any images, photos, pictures, videos, reviews, recommendations or articles, and any modifications or derivatives of the foregoing. Through the Site you will able to submit certain content, such as information provided through the content form and/or feedback, referred to herein as “User Content“.

• You are and shall remain at all times fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iii) that you have all necessary rights, licenses, consents, and authorities required under applicable law to submit such User Content.

• WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL LIABILITY IN CONNECTION WITH CONTENT. WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

3. User Content Restrictions. Without limiting the foregoing, you agree that you will not transmit, submit, upload, or otherwise provide any User Content that (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) does not comply with all applicable laws, rules and regulations; and/or (v) contains any virus, worm, trojan horse, or other harmful or disruptive component.

4. Use You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (3) use the Site, Services, or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (5) use the Site, Services, or content thereon in any manner not permitted by these Terms or applicable law.

5. Intellectual Property.

• Ruby Capital and/or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Services for any purpose. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Ruby Capital or any third party. If you provide Ruby Capital with any feedback regarding any content on the Services, Ruby Capital may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

• You have all right, title and interest in the User Content you submit. By submitting any User Content, you grant Ruby Capital and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy such User Content for providing the Services, for our internal (business) purposes and/or as permitted under the Privacy Notice, including for the purpose of responding to your inquiries, contact you or for marketing purposes.

6. Limitation of Liability

• All information and content posted on the Site is for informational purposes only and Ruby Capital provides no guarantees with respect thereto. Your use of the Site and/or Services is at your sole discretion and risk. The Services and any content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.

• Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any content or the Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s property, including mobile device or computer, resulting from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Ruby Capital, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

• WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR INFORMATION PROVIDED.

• IN NO EVENT SHALL RUBY CAPITAL, ITS AFFILIATES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RUBY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED NIS 200.

7. You agree to indemnify, defend, and hold harmless Ruby Capital, its affiliates, and its/their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site or Services; (c) your violation of any law or regulation relating to the Site or Services; (d) your infringement of any right of any third party, including without limitation intellectual property rights.

8. Third-Party Content. The Site may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for the terms of service or privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications. We may, at our sole discretion, remove or replace any link to any third-party websites, applications, and services.

9. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Ruby Capital or enables you to act on behalf of Ruby Capital. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided when contacting us.

10. If you would like to contact us, please send us an email at office@rubycapital.com.