TERMS OF USE

These terms of use ("Terms of Use") set forth the basis on which you are permitted to access and use the website located at https://smarketly.com/terms  (the “Site”) including, without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and associated services ("Content" and “Service” respectively), provided to you by Smarketly Technologies LTD ( "Company", "we" or "us”). Your use of the Site is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Site, Services or Content you are indicating that you agree to be bound by these Terms of Service. We reserve the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service or Content offered though the Site. Your continued use of the Site thereafter means that you accept those changes.

Age Requirement. The Site is only intended for individuals aged 13 years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms of Use with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms of Use and agree to them.

Site Access and Use.   The Site and the Content are for your non-commercial, personal use only and not for business purposes, except as separately permitted by us in writing (for certain website Content, eg where payment is necessary, separate and/or additional usage terms may apply). These will be marked on the relevant area of this Website where you will be given the opportunity to review and agree to them. As a condition to your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not distribute in any medium any part of the Content without our prior written authorization. You further agree not to alter or modify any part of the Site or Content. We reserve the right to suspend your use of the Site and the Service (in whole or in part).

Site Restrictions. You agree at all times to comply with these Terms of Use and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization or as permitted herein; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Site; (iii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iv) disrupt or overload servers or networks connected to the Site; (vi) without our express permission, use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (vi) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or Third Party Materials (defined below) or that enforce limitations on use of the Site; (viii) use any communication systems provided by the Site to send unsolicited or unauthorized commercial communications; (ix) use the Site to invade the privacy rights of any individual; and/or (x) engage in any unlawful activity in connection with the use of the Site or the Service.

Intellectual Property Rights. The (i) Site; (ii) Content ), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the exclusive property of Company or of its licensors or affiliates, and may be protected by applicable copyright or other intellectual property laws and treaties.  You acknowledge and agree that we own or are licensed to use all rights, titles and interests in and to the Site, Services, Content and Marks, including without limitation all intellectual property rights therein and thereto.   These Terms of Use do not convey to you any interest in or to the Site, but only a limited, revocable right of use in accordance with the terms of the Terms of Use and you acknowledge and agree that except for such limited right, under no circumstances do you acquire any right, title or interest to any part of the Site, or any related materials. If you send us or otherwise share with us any ideas, comments, or suggestions regarding the Site, Services, Content or Marks, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.

Links and Third Party Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, which is accessible on or through our Software and/or Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Software and/or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Software and/or Services.

Advertisements. The Site may display advertisements not operated by Company. We have no control over the content of any such advertisements. The existence of such an advertisement shall not be construed as an endorsement by Company of the advertisement or its content.

Warranty Disclaimers.  THE SITE, CONTENT OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT GUARANTEE THAT THE SITE, CONTENT OR SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, THIRD PARTY MATERIALS, PRODUCT, OR SERVICE THAT IS FEATURED ON OR ADVERTISED ON THE SITE BY A THIRD PARTY. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE, CONTENT OR SERVICE.

Limitation of Liability.  YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES (AND ITS RESPECTIVE FOUNDERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF OR UNDER THESE TERMS OF USE OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT OR SERVICE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY ASSUMES NO LIABILITY FOR THE SITE, CONTENT OR SERVICE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES TO ANY PERSONS OR RESULTING FROM ANY CAUSE WHATSOEVER. NOTWITHSTANDING THE ABOVE, IF COMPANY IS FOUND TO BE LIABLE BY A FINAL JUDICIAL RULING, COMPANY'S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE CONSIDERATION CLIENT ACTUALLY PAID TO COMPANY HEREUNDER DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Governing Law and Disputes. The Terms of Use and the relationship between you and Company shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Terms of Use or your use of, or inability to use, the Site, Content or Service shall be filed exclusively in the competent courts of Tel Aviv-Yaffo and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General. You acknowledge and agree that although the Site is currently made available for free, Company may in the future charge a fee for certain uses by updating the Terms of Use.

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Smarketly Technologies LTD