The following constitute the terms and conditions of access and use of the Services, as defined hereunder, which shall be deemed to have been read and agreed to if you access and use Services.
2.1 “Service” means the adCore™ web based application and technology owned and provided by Company through www.feeditor.com for online marketing campaigns management, designed for online marketing and advertisement agencies and in-house professionals alike. The Service may be subject to fees and other related charges, as provided herein and as shall be elected by User before access is granted to the Services; the commercial terms and the various packages available can be viewed in our Billing Policy.
2.2 “You” or “User” means a company, a corporation or any other entity, including a division or department thereof, and including anyone authorized to use the Services on behalf of the foregoing, which provide services in the field of online marketing and advertising optimization and management; “we”, “our” and “us” means the Company, its parent corporations, subsidiaries and affiliates.
2.3 “Website” shall mean the website at www.feeditor.com or any of its sub-sites.
3. Use of Service.
4. Changes to the Service; Termination of the Service or Feature.
Company reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. If Company in its discretion chooses to cease providing the current version of the Service or any of its features and/or specific functions, whether through discontinuation of the Service or by upgrading or downgrading the Service to a newer version, You may not be able to continue using the previous version of the Service. Features and/or functions of previous Service versions might be removed on future versions thereof. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
5. Service Offering; Plans.
6. Payment Methods.
A valid credit card, debit card or any other charge card (“Payment Card”) is required in order to use the adCore software and any other software offered by the company. We may also at any time accept monetary payment through any other payment method as shall be designated by Company from time to time at its sole discretion, including without limitation through a PayPal account or via bank remittance. Upon presentation of any Payment Card information, the purchaser warrants that he/she is the cardholder or an authorized user of such Payment Card, and that the billing information provided is accurate. All Payment Cards are subject to validation checks and authorization by the card issuer. To ensure that your Payment Card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made by us. If the issuer of your Payment Card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we shall be entitled to deny your access to the Service. Your complete billing information is not stored in any way, manner or form whatsoever on Company’s servers but it is nevertheless saved on secure third party servers. You agree to pay Company for all charges at the prices then in effect for any use of the Service by You (including Your employees or agents) using your Payment Card or by means of any other payment method as shall be approved by Company in advance, and you authorize Company to charge such Payment Card for the Service. By approving the purchase of an adCore Premium Plan, you authorize Company to charge the designated Payment Card for the total amount of the purchase.
You may cancel your account at adCore subject to the terms of your contract. Details of how to cancel your account and charges in the event of cancellation are subject to the cancellation policy as set forth in the Billing Policy.
8. User Accounts; Compliance and Monitoring
8.3 Notwithstanding the aforesaid, Company shall have the sole and absolute discretion to deny any User’s registration and/or access to the Service or any future services of the Company or to discontinue and Service for any Account or Accounts and block such Accounts for any reason whatsoever and at any time, without incurring any liability to Company.
9. Use of Information
Company may present in the Service or Website screens information, texts, advertisements for products and/or services, notices and/or other materials which are uploaded to the Service by the Company (“Advertising Material”). Such Advertising Material may be personalized and assigned to individual Users. Such personalization may be based on information, including Private Information, retrieved by the Company resulting from User’s use of the Service. Company hereby disclaims any and all liability arising from or in connection with receiving such Advertising Material, their origin, contents and/or their context.
The Service and the Content (as defined hereunder) may only be used as a tool for the purpose of management of online marketing campaigns under the terms and conditions herein (whether for managing Your own business’ online marketing campaigns, or if you are an advertising agency – for managing your brand accounts’ online marketing campaigns) (“Purpose”) and the Service and Content may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. Company reserves all rights in and to the Service and the Content.
You may not use the Services for any of the following purposes including without limitation managing campaigns promoting or supporting any of the following purposes (the “Prohibited Activities”); Company disclaims any and all liabilities, losses and or damages with respect to any use of the Services which constitutes a Prohibited Activity.
11.1 Engaging in unlawful, indecent, obscene or other morally objectionable activities.
11.2 Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal materials;
11.3 Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice;
11.4 Gaining unauthorized access to other computer systems;
11.5 Interfering with any other person’s use of the Services;
11.6 Transmitting, junk mail, chain letters or “spam”;
11.7 Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material, or otherwise making such use of the Services that infringes third parties intellectual property rights;
11.8 Circumvent, disable or otherwise interfere with security related features or other features of the Website and/or with the use of Services, or enforce any limitations on use of the Website and/or the Services.
12.Third Party Services.
14. Intellectual Property Rights.
All right and title in the Service and its content including without limitation, software (both source and object codes), scripts, graphics, form, text, content of text, and the like and any and all trademarks, copyrights, service marks and logos, including but not limited to the adCore trademark (but excluding trademarks, service marks and logos provided by and owned by User) contained and embodied therein (“Content”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions.
15.1 THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY (AND IF YOU ARE AN ADCORE PREMIUM USER, COMPANY PROVIDES YOU WITH THE SOLE AND EXCLUSIVE WARRANTY OF MATERIAL CONFORMANCE BETWEEN THE SERVICES AND THE DESCRIPTION THEREOF ON THE WEBSITE).
15.2 OTHER THAN THE EXPLICIT WARRANTY SET FORTH IN THE FOREGOING SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES (“COMPANY INDEMNITEES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE (INCLUDING THE COMMUNITIES AND THE ADVISORS AND ANY INFORMATION OR ADVICE PROVIDED THEREFROM AND THE RESULTS THEREOF), THE SERVICE, THE CONTENT, AND THE USE THEREOF IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE. IN ADDITION TO AND WITHOUT DEROGATING FROM THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF THE LEVEL OF SUCCESS YOU MAY OR WILL ACHIEVE BY USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THERE IS NO GUARANTEE THAT OPTIMIZATION OF THE PERFORMANCE OF YOUR CAMPAIGN IS ACHIEVED AND COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR NON-IMPROVEMENT OR DIMINUTION OR EVEN FAILURE IN THE PERFORMANCE OF YOUR CAMPAIGNS THROUGH THE USE OF THE SERVICES.
15.3 COMPANY AND COMPANY INDEMNITEES ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND THE SERVICE BY ANY THIRD PARTY, OR USER, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SERVICES OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.
15.4 COMPANY AND COMPANY INDEMNITEES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH ANY THIRD PARTY SERVICES, THIRD PARTY CONTENTS AND THIRD PARTY WEBSITES, ACCESIBLE AND/OR AVAILABLE AND/OR POSTED AND/OR ADVERTISED THROUGH OR IN COMPANY’S WEBSITE OR THE SERVICE (INCLUDING SUCH MADE AVAILABLE IN OR THROUGH CAMPAIGNS MANAGED THROUGH THE COMPANY’S SERVICE) (COLLECTIVELY, FOR THE PURPSOE OF THIS SECTION, “THIRD PARTY CONTENT”). COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT IN TERMS OF LEGALITY, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE AND SHALL NOT BE LIABLE OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY CONTENT AND IN CONNECTION WITH ANY LOSSES OR DAMAGES WHATSOEVER IN CONNECTION WITH THIRD PARTY CONTENT.
15.5 COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, NOR IS IT A PARTY TO ANY TRANSACTION CONCERNING (I) ANY PRODUCT OR SERVICE THE SUBJECT MATTER OF ANY CAMPAING MANAGED THROUGH THE SERVICE, (II) THE CONTENT OF ANY CAMPAIGN AND/OR ADVERTISEMENT MANAGED THROUGH THE SERVICES INCLUDING ANY HYPERLINKED OR FEATURED CONTENT IN ANY BANNER OR OTHER ADVERTISING MANAGED THROUGH THE SERVICE.
16. Limitation of liability.