Ubimo and its affiliates (“Ubimo”, “we” or “us”) welcome you (“User” or “you”) to our online campaign system (the “Platform”) and to our website at ubo.co.il (the “Site”). Each of the Site’s an Platform’s Users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. Ubimo shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Ubimo urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time. You can review the most current version of the Terms at any time at here.
2. The Service
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
4. User Representations and Undertakings
As a condition for your use of the Site and Platform, you hereby represent and warrant that:
- You will not infringe or violate any of the terms and conditions of the Agreement;
- You possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Service in accordance with this Agreement and to fully perform your obligations hereunder;
- The execution of this Agreement does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
5. Use Restrictions
There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- Infringe or violate any of the Terms.
- Use the Site, Platform and/or any interactions therein for any illegal, unlawful or unauthorized purposes.
- Use the Site or Platform in any form of spam, unsolicited mail or similar conduct.
- Use the Platform without Ubimo’s express prior written consent.
- Interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Site or Platform and retrieve, index and/or data-mine any information.
- Interfere with or disrupt the operation of the Site, Platform or the servers or networks that host the Site or Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks.
- Post, publish, or otherwise make available through the Site or Platform, any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Impersonate any person or entity or provide false information on the Site, whether directly or indirectly.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Ubimo or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Site or Platform.
- Transmit, distribute, display or otherwise make available through or in connection with the Platform any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
- Bypass any measures we may use to prevent or restrict access to the Site or Platform.
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site in any way, unless permitted hereunder.
6. Intellectual Property
The Site, Platform and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site or Platform), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property“), are owned and/or licensed to Ubimo and subject to copyright and other applicable intellectual property rights under Israel laws, foreign laws and international conventions. You may not 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, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Ubimo’s proprietary rights, including Ubimo’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. Permission is granted to download and print materials from the Site for the sole purposes of viewing, reading and retaining for reference and not for commercial use whatsoever.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Ubimo, including copyright mark [©] or trademark [® or ™], and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Ubimo’s marks and logos, whether registered or not.
7. Trademarks and Trade names
“Ubimo” and all logos and other proprietary identifiers used by Ubimo in connection with the Site or Platform (“Ubimo Trademarks”) are all trademarks and/or trade names of Ubimo, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on The Site or Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Ubimo Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Ubimo Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
9. Links to Third Party Websites
10. The Use of the Platform
User shall have sole and full responsibility with respect to any creative and text provided or used by the User (“Creative”). Ubimo shall not have any liability with respect to any Creative, including but not limited to Creative’s form or content, to errors in Creative position or placement, infringement of any third party’s intellectual property related to the Creative or typographic errors of any kind. Without derogating from the above, all Creative are subject to Ubimo’s approval. Ubimo reserves the right to reject, discontinue, or omit any Creative or any part thereof but is not in any way obligated to do so. Nothing in these Terms and Conditions or execution thereof, shall constitute any obligation or liability to be incurred upon Ubimo other than explicitly determined in these Terms and Conditions.
Ubimo is not responsible for the success or failure of User’s advertising campaign. All representations and warranties, expressed or implied, including without limitation, any warranties or merchantability or fitness of the service for a particular purpose, are hereby disclaimed by Ubimo. Traffic priority is set to the highest bidder over the network, Ubimo cannot guarantee for traffic volume over any period of time. Unless otherwise agreed by Ubimo all the statistics shall be according to Ubimo’s statistics which will constitute the sole and exclusive measure between the parties in order to determine any payment under these Terms and Conditions.
User represents and warrants at all times throughout the Term that: (i) It has obtained, maintains, and is the holder of all licenses, permits, certificates, and authorizations required by any applicable law, regulation, statutory or governmental authority, for it to lawfully operate its website and provide, offer, distribute, broadcast, and publicly perform the service. (ii) It is in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the service. (iii) It will comply with all applicable international, national, state, regional and local laws and regulations in marketing, streaming and providing the service, including, without limitation and where applicable, laws, regulations and directives applicable to the processing of personal data and on the free movement of such data, and the protection of privacy. (iv) it has the full right, authority, permissions, approvals and consents, including from end-Users (as applicable), to permit to access, store, collect, analyze, use and process (or have Ubimo on its behalf do the dame) the service Personal Data (collectively, “Data”) in accordance with the terms of this Agreement, and all Data has been and will be legally acquired, and the Data does not and will not infringe any third party’s rights.
The Site or Platform availability and functionality depends on various factors, such as communication networks, software, hardware and Ubimo’s service providers and contractors. Ubimo does not warrant or guarantee that the Ubimo, the Site and/or the Platform will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
12. Changes to The Site and Platform
Ubimo may change the Site or Platform layout and design from time to time, and the availability of the Site or Platform, without giving any prior notice. You hereby agree and acknowledge that Ubimo is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
13. Disclaimer and Warranties
UBIMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE FEATURED ON THE SITE OR THE PLATFORM, INCLUDING IN CONNECTION WITH ANY TAX OR LAWS AND REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS.
THE SITE AND PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, PRODUCTS, MARKETING MATERIALS AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. UBIMO AND THE UBIMO AFFILIATES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE OR PLATFORM. UBIMO DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE OR PLATFORM. THE USE OF THE SITE AND PLATFORM IS ENTIRELY AT YOUR OWN RISK AND NEITHER UBIMO NOR THE UBIMO AFFILIATES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.
UBIMO DOES NOT WARRANT THAT THE OPERATION OF THE SITE AND/OR PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; UBIMO MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
14. Limitation of Liability
IN NO EVENT SHALL UBIMO, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER “UBIMO’ AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE OR PLATFORM, USE OR INABILITY TO USE THE SITE OR PLATFORM, FAILURE OF THE SITE OR PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF UBIMO TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF UBIMO BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF UBIMO’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION MAY BE BROUGHT BY USER FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO USER.
THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR UBIMO’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
You agree to defend, indemnify and hold harmless Ubimo’s Affiliates 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 of the Site or Platform; (ii) your violation of any term 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; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
You further agree to indemnify, defend and hold Ubimo harmless from any and all expenses, costs and damages, including attorney’s fees, for any claims for bodily injury, death or other damage arising out of the use or operation of the Site or Platform.
16. Special provisions relating to Third Party Components
The Platform 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 Apps 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 only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Apps and Company disclaims all liability related thereto. You acknowledge that Company is not the author, owner or licensor of any Third Party Components, and that Company 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 Apps or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
17. Amendments to the Terms
You hereby agree and acknowledge to accept and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use the Site after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
- 1.1. 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.
- 1.2. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, Ubimo’s advertising, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
- 1.3. You expressly consent, and submit to the exclusive jurisdiction of and stipulate that venue shall be in the court of competent jurisdiction located in City of Tel Aviv, Israel for the adjudication or disposition of any claim, action or dispute arising directly or indirectly out of this Agreement or the Site. You further waive any objection to jurisdiction and venue of any action instituted hereunder, and further agrees not to assert any defense based on lack of jurisdiction or improper venue, including forum non convenience and agree that process may be served in a manner authorized by applicable law or court rule. YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR ANY RELATED TRANSACTION DOCUMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION OR ENFORCEMENT THEREOF. YOU AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT UBIMO WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THESE TERMS.
1.4. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
1.5. 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.
1.6. The provisions of the, Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.
19. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcomed to send us an email or otherwise contact us to the following address and we will make an effort to reply within a reasonable timeframe: [email protected].
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us. The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) 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 the Company to locate the material; (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached at: [email protected].