Welcome to www.viola-group.com (together with its subdomains, Materials, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Viola group funds (“Viola“, “we“, “our” or “us“). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms“). You hereby waive 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 do not agree to be bound by these Terms please do not access or use the Site.
1. Background. The Site is intended to provide information about Viola and its activities.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Site.
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 Materials (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 Materials or that enforce limitations on use of the Site.
5. Intellectual Property Rights.
5.1 Materials 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) the trademarks, service marks and logos contained therein (“Marks“), are the property of Viola and/or its entities and/or licensors and/or portfolio companies and may be protected by applicable copyright or other intellectual property laws and treaties. “Viola”, the Viola logo, and other marks are Marks of Viola 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 Materials.
5.2 Use of Materials. Materials on the Site are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcasted, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein.
5.2 Spam. You agree not to, and will not, use the communications systems and contact details provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
6. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.
7. Links. The Site may contain links to third party websites that are not owned or controlled by Viola. We are not affiliated with, have no control over, and assume no responsibility for the privacy policies, or practices, of any third party websites. We assume no responsibility for your interactions with such third party websites. We encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit. Viola permits you to link to the Site provided that you do so in a legal and respectful manner.
8. Positions available at portfolio companies. The Site may also include links to positions, vacancies and job descriptions available at portfolio companies and startups that Viola interacts with. If you decide to apply for a position, please note that Viola (i) is not responsible for the availability or the description of the position, (ii) is not involved in the recruiting process and is not, and shall not become, the employer or job offeror with respect to any of the positions, (iii) is not and shall not become responsible or liable for the personal information (such as CVs, resumes, cover letters, etc.) provided in the context of the application or recruiting process. Before applying for a position, we encourage you to double-check all these aspects with the company in question and ensure that you agree with the terms and practices of its application process. You expressly and fully release Viola from any responsibility and liability with respect to your interactions with the companies in this context.
9. Privacy. We will use any personal information that we collect or obtain in connection with the Site in accordance with our Privacy Policy which is available on our Site.
10. Information for investors. If you are an existing investor and have provided business information or personal information to Viola, we will add you to our web portal for investors whereby you may receive certain information regarding your investments in Viola funds. Please note that we work with service providers who assist us with the provision of such initiatives, and they may also be exposed to your Personal Information. By engaging in these initiatives, to the maximum extent permitted by law, you consent to the transfer of your Personal Information to such service providers. In such a case, Viola will use your Personal Information in accordance with its Privacy Policy. Any information that you receive through these initiatives shall be deemed “confidential information” and you shall treat it in accordance with the applicable agreement executed with Viola.
11. Warranty Disclaimers.
11.1 Applicable law may not allow the exclusion of certain warranties. Therefore, certain exclusions set forth herein may not apply.
11.2 THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. VIOLA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. VIOLA DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT VIOLA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY MATERIALS, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT VIOLA IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. VIOLA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, VIOLA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
12. Limitation of Liability and indemnity. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIOLA SHALL NOT BE LIABLE FOR ANY DIRECT, 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 VIOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to defend, indemnify and hold harmless Viola and its affiliates, respective founds, companies, partners, shareholders, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
13. Term and Termination. These Terms are effective until terminated by Viola or you. Viola, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Viola shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 13 and Sections 5 (Intellectual Property Rights), 9 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability and Indemnity), and 14 (Independent Contractors) to 17 (General) shall survive termination of these Terms.
14. Independent Contractors. You and Viola are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Viola. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Viola.
15. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Viola without restriction or notification to you. Any prohibited assignment shall be null and void.
16. Governing Law. Viola reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Viola shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws, and only the courts in Tel-Aviv, Israel, shall have jurisdiction in any conflict or dispute arising out of these Terms.
17. General. These Terms shall constitute the entire agreement between you and Viola concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 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 AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: December 2019.