Last Revised: March 22, 2016
CampaignGo Ltd. (“CampaignGo“, “Company“, “we” or “us“) welcome you to our website (campaigngo.com) (the “Site“, as further defined below) and web application known as “CampaignGo” (the “App”, as further defined below). The Site provides general information regarding our services and the App provides sales promotion tools for Users who sell products via online sale stores (e.g. via eBay)(“Online Stores“) (the Site and the App are and our services provided there through shall be collectively referred to as the “Service(s)“, as such term is further defined below). General users of our Site and registered Users of our App (collectively, “User(s)“ or “you“) may use them and the Services only in accordance with the terms and conditions hereunder.
The Site, App and Services are not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 10 below), or who are not eligible to enter into this agreement according to applicable law.
1. The Site, App and the Services
The “Site” allows Users to register to the App and open an Account. The Site provides information regarding the Services rendered via the App and may include the Company’s articles, blogs and/or forums. Further, the Site provides Users the ability to contact us via the Contact Form available therein (“Contact Form“).
THE ARTICLES, BLOGS AND OTHER CONTENT AVAILABLE ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES. ANY DECISION TAKEN BY YOU ON THE BASIS OF OR IN RELIANCE ON SUCH CONTENT IS AT YOUR SOLE RISK AND EXPENSE. YOU SHOULD ALWAYS CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM PROFESSIONALS. Only a written agreement (including this terms) will bind CampaignGo with respect to its Services.
The “App” is available to registered Users who opened an “Account” in accordance with Section 2 below. The App offers, inter alia, the following sales promotion tools to Users who have an Online Store:
- Markdown Guru – allows Users to create discounts and sale events automatically. The feature allows Users to filter products that they want to add to their sales based on certain criteria (e.g. keywords, age of the product, on-performing products, the number of sales made within a certain period, etc.). For example, a User may use this tool to automatically apply a 20% discount to any or all User’s Online Store products which were not sold during the last 30 days. Discounted sales may be scheduled for certain days, hours and other periods chosen by the User.
- Best Offer – when the User receives an offer from a potential purchaser, this tool will send the User an email with background information (including, without limitation, the age of the product, sale-history of the product, purchase history of the potential purchaser, shipping and other related costs). The background information may ease the decision making process concerning the potential sale. The tool allows the User to accept, reject or otherwise make counter offers.
- Sale Reports – provides sales performance review, including statistics of the discounted and non-discounted product sales on a monthly basis.
- Repeat Buyer Alert- enables you to send end uses of your Online Store (“Customer(s)“) updates and benefits (“Notice(s)“). This Service is conditioned (without derogating from any requirement under any Applicable Law which you hereby undertake to comply with) upon (i) you obtaining according to Applicable Law each of your designated Customer’s informed and positive consent to receive Notices from you, before enabling the Service and sending any Notice to such Customers. Customer’s informed and positive consent may be obtained only after such Customer has reviewed all document describing your data collection practices the manner according to which you decide to send Notices to such Customers, and the ways in which he may unsubscribe and terminate the Service; and (ii) you enabling each Customer to terminate this Service at any time (including by way of providing Customers, in each Notice, your contact information and a hyperlink enabling them to unsubscribe), and not sending any further Notices to Customers who have so asked to terminate this Service (via contact information so provided or otherwise).
THE SERVICES ARE INTENDED TO ASSIST YOU IN THE WAY YOU CONDUCT BUSINESS IN YOUR ONLINE STORE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT (I) UTILIZING THE SERVICES WILL GENERATE ANY REVENUE ON USER’S ONLINE STORE; (II) THE AUTOMATED SALES OFFERED BY THE SERVICES WILL MEET YOUR SALES STRATEGY. IT IS IN YOUR SOLE RESPONSIBILITY AND LIABILITY TO ENSURE THAT ANY DISCOUNTS AUTOMATICALLY OFFERED BY OUR SERVICES WITH RESPECT TO CERTAIN PRODUCTS REFLECT THE DISCOUNTS THAT YOU SEE FIT FOR SUCH PRODUCTS.
THE APP’S FUNCTIONALITY RELIES HEAVILY ON DATA RECEIVED FROM THE APPLICABLE ONLINE STORE PROVIDER (E.G. EBAY) AND/OR ITS ABILITY TO IMPLEMENT OUR TOOLS AND COMMANDS ON BEHALF OF USERS. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THAT THE APP’S PERFORMANCE WILL ALWAYS BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE TO ANY DAMAGES OR LOSSES RELATED TO SUCH ERRORS.
The Company reserves the right to limit, deny or create different levels of access to and use of the Site, Services and/or the App with respect to different Users.
The Services provide you with additional resources such as text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel“ of the Site and/or App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Site and/or App (collectively, the “Content“).
You hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of the Services, according with the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP AND/OR SITE IS RESERVED TO CAMPAIGNGO OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES, THE SITE, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS“, “AS AVAILABLE“ AND “WITH ALL FAULTS“ BASIS. CAMPAIGNGO WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, THE APP AND/OR THE CONTENT AVAILABLE THEREIN. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS IS A FUNDAMENTAL PART OF THIS AGREEMENT, AND CAMPAIGNGO WOULD NOT ENTER INTO THIS AGREEMENT ABSENT SUCH DISCLAIMER.
2. Account Registration
Use of the Site is free of charge. In order to use the App you must register and create an account (“Account”). The registration is free of charge, however CampaignGo reserves the right to charge a registration fee in the future. We will provide you a notice a reasonable time before we start charging fees for the Account and/or Services.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately by (a) the settings of your Account or (b) sending us an email to email@example.com.
If you wish to either change your user name or password to log-in to the App, or cancel and remove your Account, you may use the setting menu or you can send us an e-mail of your request to: firstname.lastname@example.org. Your Account will terminate within reasonable time following your request to terminate your Account.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Use Restrictions And representations
You represent and warrant that (i) you have inspected the Site, each of the the Services, the Content and the App, and found them to be complaint any applicable laws, regulations, including governmental requirements, procedures, policies, and regulations (including the laws of the United States of America and the European Union) and industry (especially eBay terms of service available here) (“Applicable Law“); (ii) when using the Site, the Services, the Content and the App, you will not infringe and Applicable Law or otherwise violate the rights of any third party (including such third parties intellectual property rights and privacy rights). If you are not sure the Services, including the methods by which and technology with which the aforesaid updates and benefits is made available to Customers is compliant with any Applicable law or any of the eBay Terms please make no use of the Services; (iii) the content you provide through the App or Services will not contain any material which is unlawful (according to any Applicable Law), harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable.
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the Site, the App and/or the Services and/or the Content for any illegal, immoral, unlawful (under any Applicable Law) and/or unauthorized purposes; (b) use the Site, the App, the Services and/or the Content for non-personal or commercial purposes other than for the use of the Services, without the Company’s express prior written consent; (c) interfere with or violate Users’ or Customers rights to privacy and other rights, or harvest or collect personally identifiable information about Users or Customers without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site or App and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Site or App or the servers or networks that host them, or disobey any Applicable Laws or regulations of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site, the App and/or the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site and/or App; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any portion of the Content or publicly display, reproduce, create derivative works of, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as defined below) in any way or by any means, unless expressly permitted in the Terms; (j) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without the Company’s prior written consent; (k) create a browser or border environment around the Content (no frames or inline linking are allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site, App, Services and/or Content; (m) frame or mirror any part of the App without the Company’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site or App; (o) transmit or otherwise make available in connection with the Site or App any virus, worm, Trojan Horse, time bomb, web bug, spyware, 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; (p) distribute, resell or offer the Site, App and/or Service for rent or lease or offer it to the public in any manner, or integrate the Services within a service of your own, without the prior written consent of CampaignGo; (q) access, or attempt to access, the Services other than through the interface that is provided by CampaignGo, without the prior written consent of CampaignGo; (r) remove or disassociate, from the Content and/or the Site and/or the App and/or the Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (s) engage in activities which are identical or similar to the Company’s business by using any of the Services; (t) infringe and/or violate any of the Terms; (u) ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws; and/or (v) infringe and/or violate any of CampaignGo’s rights.
4. Online Payment Services
The User acknowledges that, for reasons which are beyond the control of the Company, there may be sale cancellations, discount mismatches, delays in shipping and delivery of products. . The User hereby agrees that he/she shall not be entitled to any refund or remedy under these circumstances.
5. Intellectual Property Rights
The Site, the App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, domain names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
Subject to the terms hereof, CampaignGo hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your (authorized) device that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms and Applicable Law; and (ii) to use the Site, Services and Content in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to CampaignGo (“Feedback“), CampaignGo shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any CampaignGo current or future products, technologies or services and use same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require CampaignGo to comply with any additional obligations with respect to any CampaignGo current or future products, technologies or services that incorporate any Feedback.
If CampaignGo supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App, with or without any additional notice to you. You hereby permit CampaignGo to deliver these Updates to you and install them automatically on your device, as part of your continued use of the Service. In the event that such Updates must be manually updated or upgrade by you, then you will be required to download such Updates. If you do not follow CampaignGo’s request to update the App to the most current version then CampaignGo may not be able to provide you the Services. These Terms will govern any such Updates, unless these are accompanied by a separate written license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, CampaignGo has no obligation to provide Updates.
6. Trademarks and Trade Names
“CampaignGo “, CampaignGo ™ and/or other CampaignGo’s marks and logos and all other proprietary identifiers used by it in connection with the Site, Content, App and/or Services (“Company Trademarks“) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site, App and/or Services belong to their respective owners (“Third Party Marks“). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
7. Special provisions relating to Third Party Components
The App and/or Services may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the App and/or Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and/or Service and CampaignGo disclaims all liability related thereto. You acknowledge that CampaignGo is not the author, owner or licensor of any Third Party Components, and that CampaignGo makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App and/or Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
8. Copyright and Content violation
Campaigngo respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated on our Site or App, please provide Campaigngo via the following e-mail address: email@example.com with sufficient information in writing including, inter alia, a description of the copyrighted work that you claim has been infringed, and a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Campaigngo to locate the material, information so that Campaigngo can contact you such as address, telephone number and e-mail address. We will investigate and make an effort to reply within a reasonable timeframe.
9. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, Youtube, Facebook, Google+ and e-mail etc.) (“Social Features“).
The Site, App and Services’ availability and functionality depend on various factors, such as software, hardware and the Company’s service providers and contractors. The Company does not warrant or guarantee that the Site, App and/or the Services will operate at all times without disruption or interruption, or that they will be immune from unauthorized access or error-free. The Company does warrant or guarantee that all support requests will be responded and/or that any error will be corrected to the User’s satisfaction.
12. Termination of these Terms
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith we may immediately (temporarily or permanently) limit, suspend or otherwise terminate, your Account and your access to the Site or App without notice. Without limiting the generality of the foregoing, we may immediately terminate or suspend your Account if we believe in our sole discretion that any of the following events occurred: (a) there is a threat to the security or integrity of your Account, our network or our servers; (b) suspension or termination is needed to protect the rights, property or safety of the Company, its users or the public; (c) we have reasonable grounds to suspect that you have provided us with false or misleading information; (d) you have violated any of these Terms; and/or (e) we are required to by law. Without derogating from the above we may terminate your license and these Terms for convenience by providing you 7 days prior notice.
If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by closing your Account, uninstalling our App and stopping your use of our Services and this will be your sole remedy in such circumstances.
Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate; (ii) you must immediately cease all use of the App, Site and the Services, delete and, if applicable, destroy all copies of the App in your possession or control (and to certify such action to CampaignGo, if required by it), and (ii) the provisions of these Terms that, by their nature and content must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
We may, but are not obligated to, provide you a notice in the event of termination or suspension of your Account. During the suspension period, you will not have the ability to use or access your Account. In the event that we determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
14. Links to Third Party Sites
15. Changes to the Site and App
CampaignGo reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site Services or App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Site or App’s functionalities and the Content may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that CampaignGo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
16. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE APP, THE SERVICES, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ AND “WITH ALL FAULTS“ BASIS, AND CAMPAIGNGO AND ITS VENDORS, INCLUDING CAMPAIGNGO’S AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT (I) WARRANT THAT THE USE AND OPERATION OF THE SITE, APP OR SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) WARRANT THAT WE WILL CORRECT ANY ERRORS OR DEFECTS OR RESPOND TO ALL SUPPORT REQUESTS, (III) WARRANT THAT THE SITE OR APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, APP AND/OR CONTENT (INCLUDING THAT THE RESULTS OF USING THEM WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND APP, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY OR QUALITY. THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE OR APP.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE, APP AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL CAMPAIGNGO, INCLUDING THE COVERED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE OR APP, YOUR USE OR INABILITY TO USE THE SITE, APP, THE SERVICES OR THEIR FAILURE TO PERFORM AS REPRESENTED OR EXPECTED UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF CAMPAIGNGO OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE APP DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, CAMPAIGNGO AND THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO CAMPAIGNGO FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE FOREGOING LIMITATION ON LIABILITY. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY THE PUBLISHER MORE THAN 120 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless CampaignGo and the Covered Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site App and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Site or App; (iv) inaccurate or fraudulent information provided by you to us or the Online Payment Services; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, App and/or Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
19. Export and the Location of the User
The App may be subject to export laws of the Israeli and/or may be subject to additional export laws applicable to the User or in the User’s jurisdiction. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
20. Amendments to Terms
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or App or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel. Without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, CampaignGo may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by CampaignGo, (j) the parties agree that all correspondence relating to these Terms shall be written in the English language; and (k) CampaignGo will not liable for any delay or failure to provide the Site, App and/or Services resulting from circumstances or causes beyond the reasonable control of CampaignGo (i.e. force majeure).
22. Contacting us via the Site
You do not have to register in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form available here. The Contact Form requires the User’s full name, e-mail address, phone number and message. You are required to provide accurate and complete information in the Contact Form.
23. Contact Information
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to the following address, and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org