Terms and Conditions 2019

 
 
Last Updated: 17/07/2019

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY ACCESSING OR USING THE SERVICES (DEFINED BELOW) OF CAMILYO ONLINE LTD. (“CAMILYO”), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES WICH INCLUDE INTER ALIA THE WEBSITE AND/OR THE MOBILE APPLICATIONS, All AS DEFINED BELOW.

YOU’RE ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICES (“USERS”).

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CAMILYO IN RELATION TO YOUR USE OF THE SERVICES. IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY. HOWEVER, IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES, THEN YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THIS TERMS.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT FURTHER NOTICE. IF WE DO THIS, WE WILL POST CHANGES TO THESE TERMS. YOU’RE CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE OR ACCESS THE SERVICES.

IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS.

1. The Services. Camilyo owns and operates proprietary applications designed, inter alia, >to create a multi-platform content syndication hub , including Facebook enabled applications, websites and other online services, to enable its customers (the “ Customers”) to create and operate websites, Facebook page apps, and other market data gathering activities, and in addition Camilyo owns and operates the Camilyo’s website ( https://www.camilyo.com/) (the “Website”) and mobile applications (collectively, the “Services”). Camilyo shall provide you the Services from a data center facility selected by Camilyo. You acknowledge that Camilyo will locate the hosting servers at the facilities of Azure, and that the subcontractor will provide, among other things, servers, power and Internet telecommunications for the hosting servers.

2. Privacy Policy. Camilyo takes its privacy obligations to both the people who engage with our Services and to our Customers very seriously. To learn about Camilyo's privacy policy, please visit https://www.camilyo.com/privacy-statement (the “Privacy Policy”).

3. Rights of Use. Camilyo grants you a limited, non-exclusive, non-transferable, worldwide right to use the Service, on a hosted basis, and subject to the following provisions: (a) your use of the Services as permitted is solely for your own use and not for the purposes of resale or redistribution; (b) you will fully comply with all applicable laws and any other contractual terms which govern use of the Service (and any related interaction or transaction), including those specific laws applicable to you in your geographical location; (c) you will be solely responsible and liable with respect to any of the uses of the Services, including which occur under your Account, and for any of the User Data (defined below) (including for any consequences of using or publishing such User Data on or with respect to the Services); (d) you will regularly and independently save and backup any of the User Data and the information that is being processed by you regarding the Services; and (e) you will otherwise comply with the terms and conditions of these Terms.
For the purpose of these Terms “ Account” shall mean the provision of one or more modules of the Services with a Customer.

4. Camilyo's and Third Parties' Websites and Services. These Terms apply to all users and entrants of the Camilyo Services, including users who are also contributors of user submitted content, information, and other materials or services on the Services. Camilyo Services may contain links to Customer and/or third party websites that are not owned or controlled by Camilyo and, in order to access some features of the Services which are provided by, with or through a Customer or third party, you may have to create an account with such Customer or third party and/or enter into a separate commercial relationship with such entity. Camilyo has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party's websites or services. In addition, Camilyo is not able to censor or edit the content of any third party website or service, and its ability to control the content of a Customer's website is limited by the terms of our agreement with that Customer. While Camilyo requests its Customer and third parties to comply with regulations for advertising and marketing on the internet, as a practical matter, Camilyo has no independent means to verify such content compliance. You expressly relieve Camilyo from any and all liability arising from your use of any Customer or third party website or service. Accordingly, we encourage you to be aware when you access some features of a website or services which are provided by, with or through a Customer or a third party, to read the terms and conditions and privacy policy of each third party's website and service that you access.
Customer distribute promotions and other media utilizing tools/services offered on the Services, you may engage with such promotions and media. If you use the Services, you acknowledge to Camilyo that you understand that Customer are responsible for their promotions and media distributed through the Services and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotion, you should carefully review the official rules of the promotion including any applicable privacy policy, these Terms, and any additional information or links provided in the Customer's terms of use. You are required to agree to the Costumer's official rules including all linked terms, conditions, and policies before engaging with a website widget or Facebook app. You acknowledge that Camilyo is not responsible or liable for the failure of any Customer (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any online service. You acknowledge and agree that Camilyo does not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Services. Customers may require you to provide personally identifiable information in order to participate in a certain promotions or access an online service. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Camilyo may also use any information you provide consistent with Camilyo's Privacy Policy and these Terms. You acknowledge and agree that Camilyo is not
responsible or liable for Customers’s use or distribution of information you provide.

5. Restrictions. You shall not directly or indirectly: (a) create any derivative works based upon the Service; (b) copy or distribute any part of the Services in any medium without Camilyo's prior written authorization; (c) alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose (d) work around any technical limitations in the Service or use the Service in an attempt to, or in conjunction with any device, program, or service designed to, circumvent technical measures employed to control access to, or the rights in, a content, file, or other work; (e) reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of the Service; (f) publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose, or otherwise make the Service available to any third party; (g) remove or alter any proprietary notices or labels on or in the Service; (h) use the Service in connection with the development or transmission of any virus or malicious code; (i) use the Service to infringe the rights of Camilyo or any third party, or in any way that does not comply with all applicable laws; (h) build a competitive product or service; (j) make or have made a product using similar ideas, features, functions or graphics of the Service; (k) copy any features, functions or graphics of the Service; or (l) submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise illegal (collectively, “ Objectionable Matter”).
You will indemnify and hold Camilyo and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless in respect of any claims and damages (including, but not limited to, all reasonable costs, expenses and attorneys' fees incurred thereby) incurred by Camilyo arising out of or in connection with any Objectionable Material (defined below) submitted to the Service . Camilyo reserves the right to remove any data, information or material provided or submitted to Camilyo in the course of utilizing the Service (“ Submitted Data”) that constitutes Objectionable Matter or violates any Camilyo rules regarding appropriate use or violates these Terms or Camilyo’s Privacy Policy, but is not obligated to do so.

6. System Design Limitations. You acknowledge that Camilyo's system has design limitations as set forth below (per each Account):

(i) Contacts – 2,000
(ii) Site pages – 250
(iii) Media Storage – 250MB
(iv) Social pages – 10
(v) Products (in Product Catalog) – 1,000
(vi) Services (in Service Catalog) – 1,000

You undertake not to upload to the Account information that exceeds the system design limitations and/or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Camilyo’s systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks connected to the Services.

You agree and undertake not to: (i) act in a manner which might be perceived as damaging to Camilyo’s reputation and goodwill or which may bring Camilyo into disrepute or harm; (ii) upload to the Account or otherwise use the Services to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (iii) use any of the Services and/or the Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct; (iv) sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these Terms; or (v) violate, attempt to violate, or otherwise fail to comply with any of these Terms or any laws or requirements applicable to the use of the Services.

7. Payment. The use of the Service (except visiting the Website) require payment of fees (“ Service Fees”). If you elect to sign up for the Service, you shall pay the Service Fees, as described on the subscription agreement signed between you and the Service provider with whom you are engage in respect to the Service (“ Service Provider”). The Service Fees shall be paid by you to the Service Provider or any other party on its behalf. Camilyo expressly reserves the right to terminate these Terms in the event that the Service Fees or any part thereof shall not be paid to Camilyo. Your obligation to pay any and all prices and fees will survive any termination of these Terms.

8. Updates to the Services. You acknowledge that Camilyo may update or modify any component of the Services at any time and in its sole discretion without prior notice to you.

9. Intellectual Property. These Terms grants no ownership rights to you or any other party, of the Services, and all patents, copyrights, trademarks, designs and any other intellectual property rights, whether registered or not, and all related know-how therein (collectively, the “ Intellectual Property”), are not transferred by these Terms, and shall remain the sole property of Camilyo and/or its suppliers at all times. You acknowledge that the Intellectual Property belongs and shall belong to Camilyo. You shall not acquire any right, title, or interest in the aforesaid Intellectual Property or otherwise in connection with the Services, except for the limited rights of use expressly set forth in these Terms. Any rights not expressly granted herein shall be deemed withheld.

The Camilyo name, the Camilyo logo, and the product names associated with the Services, are trademarks of Camilyo or third parties, and may not be used without Camilyo’s prior written consent.
All the images presented in the modules as part of the Service (“ Images”) are for illustrative purposes only and are subject to the license granted to Camilyo to use the Images for limited purposes only. You are obligated to replace all Images prior to any commercial use in the modules.

Camilyo respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. It is important that you understand that you are in the best position to know if the content you post is legally allowed. Take the trouble to review web resources devoted to providing information about copyright and fair use. If in doubt, leave it out. Camilyo may, in appropriate circumstances and at its discretion, disable or terminate the Service through which the rights of others are infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

(a) Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) Description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) Description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address;
(e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement can be made as follows:
By email: support@camilyo.com

Open Source Software. Notwithstanding the above-mentioned, The Services may contain certain Open Source Software (defined below). Such Open Source Software is subject to the terms and conditions of the respective open source license agreement (“ Open Source Licenses”). Please refer to https://www.camilyo.com/open-source for a copy of the Open Source Licenses. This list of Open Source Licenses may be updated by Camilyo from time to time. You acknowledge and agree to the terms and conditions in each such Open Source License and that you are solely responsible for complying with such terms and conditions. Notwithstanding anything to the contrary in this Terms, with respect to each item of Open Source Software, to the extent there are any irreconcilable conflicts between any terms of this Terms and any terms of the respective Open Source License, which the Open Source License does not permit, such conflicting terms of this Terms will not apply. Where the terms of any specific Open Source License entitle you to the source code of the respective Open Source Software, upon your request, Camilyo may either make that source code available to you or direct you to where you can obtain that source code.

For the purpose of this Terms “ Open Source Software” means all software, documentation and other material that is distributed as “free software,” “open source software” or under a similar licensing or distribution model, including, but not limited to, the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Berkeley Software Distribution (BSD) license, MIT License, Apache License or any other license described by the Open Source Initiative as set forth on www.opensource.org.

10. User Data. To the extent you provide any data and/or content and/or other materials in connection with the Service to Camilyo (“ User Data”), it is hereby agreed that Camilyo shall have no rights in connection with the User Data, except as expressly permitted in these Terms and in Camilyo’s Privacy Policy, and User Data shall remain the sole property of you at all time. Camilyo shall be entitled to use User Data solely during the term of these Terms solely for the purpose of the Service. You shall grant Camilyo a nonexclusive, non-transferable, royalty-free, fully paid up, worldwide license right (the “ License”) effective for the term of these Terms to use User Data for the purpose of the Service.

You represent and warrant that: (a) you owns all rights (including Intellectual Property rights in and to any of your User Data, or has obtained all necessary license(s) and permission(s), to use your User Data; (b) you have the rights necessary to grant the License to Camilyo; (c) your User Data does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party; and (d) you obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Data, and you will adhere to all laws applicable thereto.
You will indemnify and hold Camilyo and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of or in connection with any of your User Data submitted to the Service, including in case of violation of any rights of another including any copyright, property, or privacy right.

11. Services Access. In order to access some features of the Camilyo or the Customer's Services, you may have to create an account with Camilyo and/or the Customer and/or enter into a separate commercial relationship with the Customer. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Camilyo or the Customer, as the case may be, immediately of any breach of security or unauthorized use of your account. Although Camilyo will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms.

12. GDPR Provisions. According to the Privacy Policy, in the event you reside in the European Union, Camilyo will make available to you your Personal Data (as defined in the Privacy Policy) and the ability to fulfill your requests to exercise one or more of your rights under the GDPR (as defined in the Privacy Policy) in a manner consistent with the functionality of the Services, all as further specified in the Privacy Policy. Camilyo also, in the event you are not a Customer, shall comply with reasonable requests by Customer to assist with Customer’s response to your request with respect of excising your rights under the GDPR.

If Camilyo receives a request from you to exercise one or more of your rights under the GDPR, Camilyo will at first redirect you to the Customer (which is the operator of the Services you use), in the event you are not a Customer. Taking into account the nature of the processing, Camilyo will assist you and/or the Customer, as applicable, by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Camilyo and/or the Customer’s obligation to respond to requests for exercising your rights laid down in Chapter III of the GDPR (as defined and further specified in the Privacy Policy).

13. Warranty Disclaimer . The Service is provided "AS-IS" and you undertake that you reviewed the Service, found it suitable for your needs and consents to the functionality of the Service. Camilyo does not warrant that use of the Service will meet your requirements or that its operation will be error-free or uninterrupted. Camilyo is not responsible for the availability and/or functionality of any application and/or module in the Service that is: (i) a third party application and/or module provided and/or executed through the Service that was not elected for use by Camilyo; and (ii) based on the availability and/or functionality of social networks (such as Facebook, Linkedin, Instagram, Google+ and Twitter), and/or any of their functions and/or services, including API's. Camilyo is not responsible for software installed or used by you or for the operation or performance of the Internet. CAMILYO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAMILYO MAKES NO WARRANTY AS TO THIRD PARTY SERVICES OR THIRD PARTY MATERIALS AND CAMILYO SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE (OR ANY PART THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS.

14. Exclusion of Consequential Damages. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY CAMILYO'S NEGLIGENCE, CAMILYO SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE SERVICES, EVEN IF CAMILYO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without derogating the generality of the foregoing, to the fullest extent permitted by law in each applicable jurisdiction, Camilyo, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to Customers use of the Service; (3) any unauthorized access to or use of Camilyo's servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Service; (5) the use or display of any User Content posted, emailed, transmitted, or otherwise made available via the Services; (6) events beyond the reasonable control of Camilyo, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Services. This limitation of liability will apply even if Camilyo has been advised of the possibility of such liabilities.

15. Termination. Failure to comply with the terms of these Terms shall terminate these Terms. Upon termination of these Terms by Camilyo: (1) the license to use the Service granted to you in these Terms shall expire and you, upon termination, shall discontinue all further use of the Service; and (2) you shall promptly return to Camilyo all tangible property representing Camilyo's Intellectual Property rights and all copies thereof and/or shall erase/delete any such information held by you in electronic form.

You acknowledge that termination of the Service for any reason, may cause or result in the loss of certain content, features, or capacity of the Services, including any User Data or other usage data retained therein (“ Data Loss”). Camilyo shall not be liable in any way for such Data Loss, or for saving a backup of your User Data.

16. Applicable Law. These Terms of Use are governed by interpreted and construed in accordance with the laws of the State of Israel. Any disputes regarding these Terms of Use will be submitted to the competent court in Tel Aviv, Israel

17. Contact. Please contact us at support@camilyo.com with any questions regarding these Terms.