1.1. Acceptance of These Terms
By accessing and using the Website, either in the form of a widget or by browsing the Website, whether you are a visitor, using the Website without registration ("Visitor"), or a user, that registered to have an account in the Website ("User") (“Visitor” and “User” collectively referred as “You”), You agree to be bound by these Terms. If You do not agree to any of the provisions as set hereinunder in these Terms, You have no right to use the Website.
1.2. Eligibility to Use the Website
By using the Website, You represent that: a) You are thirteen (13) years of age or older; b) Your use of the Website does not violate any applicable law or regulation; c) all required information that You submit or post in the Website in order to use the Website is accurate and You will maintain the accuracy of the information; d) You are using the Website for personal, non-commercial use. If Innovid is informed or has reason to believe that you are not eligible to use the Website or that You become ineligible, Your use may be terminated without notice and Your account may be deleted. You do not have any right to use the Website for commercial use and if You wish to use the Website for commercial use, You must first contact Innovid (at: email@example.com) to get prior written approval and will be required to enter into separate agreement with Innovid.
1.3. Modifications to Terms
1.4. Changes in the Website
Innovid reserves the right to suspend, discontinue, delete, modify, or remove any content or service offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Innovid’s sole discretion. In addition, Innovid may charge You, in the future, for services which are currently available for free. Innovid may also offer, in the future, services for commercial users or API-Based services which will require entering into separate agreement with Innovid (for more information contact: firstname.lastname@example.org).
2. User Accounts
2.1. Registered Users
Certain services require registration in order to be able to enjoy certain functionalities. Innovid reserves the right to decide which functionalities require registration or will require registration in the future.
2.2. Registered User Information
Registration of more than one account per individual is not permitted and automatic generation of multiplied accounts by individuals or companies is restricted and may lead to legal action. In addition, an attempt to impersonate other person/s is strictly prohibited and may lead to legal action.
In certain cases, the Profile may be linked to an external site with an independent authentication process, such as username and password. The provided password will not be stored by Innovid in any way. Innovid will ensure that once a User’s authentication process is completed, no record of the password is left in the Website's log files, database or archive.
3. Proprietary Rights
Innovid owns the intellectual property related and associated with the Website. The Website contains copyrighted material, patented technology, trademarks, and other proprietary information of Innovid and its licensors. The User is granted no right in the intellectual property associated or related to the Website and nothing should be inferred as granting such rights to the User.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any material presented on the Website to any third party (including, without limitation, the display and distribution of such material via a third party website) without the express prior written consent of Innovid. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under any applicable law.
By submitting/posting any content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, animations, profiles, works of authorship, or any other materials, you hereby grant Innovid with a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content on and through the Website or any other medium.
4. Copyright Policy
4.1. Reporting Copyright Infringement
Except for public domain material, the Content on the Website and included on the Website is protected by intellectual property laws, including Israel copyright laws. Innovid may remove or disable access to material or terminate account/s, at its sole discretion, as a result of any copyright claim regarding infringing activity. If Innovid removes or disables access in response to such a claim, Innovid will make a good-faith attempt to contact the owner of the affected Content regarding the take down procedure in accordance with any applicable law.
Please address any notices and/or claims regarding infringement activity in writing and in accordance with Israel copyright laws to Innovid's designated agent in the following address:
2 Shoham St.
Migdal Paz 2, 6th Floor
Ramat Gan, Israel 5251003
Or e-mail at email@example.com
4.2 COPYRIGHT NOTICES
Innovid will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that content is being displayed on or through the Innovid’s website or services in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to Innovid a properly submitted copyright notice as indicated below, Innovid will investigate, and if it determines, in its discretion, that the material is infringing, Innovid will remove such material (and may terminate the access of the user who posted such content in the case of repeat infringers).
All notices claiming an infringement of copyright rights must contain the following:
(a) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included;
(b) A statement specifically identifying the location of the infringing material, with enough detail that Innovid may find it on the Innovid website or services. Please note: it is not sufficient to merely provide a top level URL;
(c) The complete name, address, telephone number and e-mail address of Complainant;
(d) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law;
(e) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Innovid’s contact information for notice of alleged copyright infringement is:
30 Irving Place, 11th Floor
New York, NY 10003
Last Updated: [10/7/13]
5. Right of Use & Unauthorized Uses
5.1. Limited License, Permitted Uses
This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, unless expressly permitted by Innovid. You are not allowed to use software, scripts or automated agents and Bots in a manner intended to mine data from the Website, generate multiple accounts or automatically post multiple messages.
5.2. Restricted use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by You, including the content of your transmissions through the Website. By way of example, and not as a limitation, You agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users.
- Submit content that is unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit content of any third party without such third party's prior written consent, or content that falsely express or imply that such content is sponsored or endorsed by Innovid.
- Create a false or misleading identity of, including, but not limited to, an Innovid employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Innovid's services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.
- Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means.
- Modify, change, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website.
- Reformat or frame any portion of the web pages that are part of the Website.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Website.
- Interfere with another user's use and enjoyment of the Website or disrupt the use of the Website in any manner.
Harvest or collect email addresses or other contact information of users, including usernames, from the Website by electronic or other means or use any of the abovementioned information for any unauthorized purpose.
5.3. Restrictions on Offensive or Illegal Use
Notwithstanding the above, Innovid strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. Innovid reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in Innovid's sole discretion, and may take action against the User, including, but not limited to, suspending any or all use of the Website, in any way or manner, or terminating the User's account.
5.4. Restrictions on Commercial Use and Unsolicited Commercial Messages
The Website is for the User’s personal use only and may not be used in connection with any commercial activity unless specifically approved in writing by Innovid. You agree not to use the Website for advertising or solicitation to buy or sell any products and for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, or any third party links, by embedded code or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. Innovid reserves the right to take legal action against Users who abuse the Website for transmitting, posting or sending unsolicited commercial messages, including, but not limited to, removing or modifying any postings in its discretion without notice, suspending any or all use of the Website or terminating the User's account.
6. Website Content
6.1. Source and Accuracy of Content
All content, either in the form of a text, image, video, link or other, posted on, transmitted through, or linked from the Website (Collectively referred as “Content”), are at the sole responsibility of the person from whom such Content originated. Innovid does not control, and is not responsible for the Content made available through the Website. Innovid makes no representation or warranty as to the accuracy, completeness or authenticity of the Content. You acknowledge that Innovid does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use of any Content, and You may not rely on the Content. In addition, under no circumstances will Innovid be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.
6.2. Inappropriate Content
Innovid may (but not obligated to) review and remove any Content that, in its sole discretion, violates these Terms or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, Visitor or person not associated with the Website (collectively "Inappropriate Content"). You are solely responsible for the Content that You make visible via the Website or to any third Party links or any other material or information that You transmit or share with other Users or unrelated third parties via the Website.
6.3. Reporting Inappropriate Content
If You find Inappropriate Content on the Website or during Your use of the Website, Innovid encourages You to report such Inappropriate Content (to: firstname.lastname@example.org). The owner of the reported Inappropriate Content may receive, based on Innovid's sole discretion, a notice via email that his or her Content has been flagged. The User may refute the claim by submitting via e-mail an answer to the notice stating a valid reason why the Content should not be removed. If the complaint is justified, the Content may be removed and the User owning the Content may have the infraction noted on his or her account. The User receiving an infraction may also lose his or her user privileges in the Website. Likewise, Users submitting claims can also lose user privileges if Innovid finds, in its sole discretion, that they submitted false or unjustified claims.
6.4. License in User’s Posted Content
7. Disclaimer of Warranties; Limitation of Liability
7.1. General Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. INNOVID ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INNOVID DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
7.2. Disclaimer regarding Content and Information Accuracy
INNOVID DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR AS RESULT OF USE OF THE WEBSITE OR ANY SEARCH RESULTS. INNOVID DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. INNOVID DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL ON THE INTERNET THROUGH THE WEBSITE.
7.3. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INNOVID BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INNOVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE WEBSITE, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In addition, Innovid will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
7.4. Disclaimer of Advertisement or Sponsored Content
The Website may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Website is accurate and complies with applicable laws. INNOVID IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS. INNOVID DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE INNOVID WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.
7.5. Disclaimer of Third Parties Content, Sites and Services
Innovid serves as a repository of information, and as such, User-posted content does not represent the advice, views, opinions or beliefs of Innovid, and Innovid makes no claim of accuracy of any User-posted material. Innovid allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under Innovid's control, and Innovid is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on any of the Website does not imply any endorsement by or any affiliation with Innovid.
You agree to indemnify and hold harmless Innovid and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney's fees and costs of litigation, related to Your breach of these Terms, or to any Content You submit or post, or to Your use of the Website, or to Your violation of any rights of a third party.
This Agreement shall be in force while You use the Website. You may stop using the Website at any time and in Your sole discretion, with no need for justification and with no charge, contact Innovid and request to delete Your account. Please note, that the termination of an account does not delete the information from the sources of the information or from search engines’ archive and You may need to contact them directly to request editing, deletion or removal of information.
Innovid reserves the right to terminate, without prior notice, any User account or to suspend any or all of the accesses to the Website, with or without the User's consent, for violating these Terms. If Your account is terminated, Your rights to use the Website will cease immediately. Termination is without prejudice to all other remedies available to Innovid by law or under these Terms.
10.1. Governing Law and Jurisdiction
This Agreement shall be treated as though it was executed and performed in State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles).
Any claim that the User may have in connection with these Terms must first, and before taking any other legal action, be submitted to Innovid in the form of a complaint (to: email@example.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, Innovid may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
10.2. Entire Agreement
If any provision of the Terms should become fully or partially invalid or unenforceable for any reason whatsoever, or violate any applicable law, the Terms are to be considered divisible as to such provision and such provision deleted from the Terms, and the remainder of the Terms shall be valid and binding as if such provision were not included herein. A new provision shall be substituted for any such deleted provision which shall come as close to what the initially intended, as far as legally possible, according to the sense and purpose of the Terms.
Copyright & Trademark Notice
Copyright © 2015, Innovid. All Rights Reserved. The trademarks, logos and service marks displayed on the Website are Innovid's property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from Innovid or such third party.