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.