These terms apply on the use in Pagewiz's sites including all the services, features and products supplied through these site (hereinafter: "the Site") which are owned and operated By Pagewiz LTD (hereinafter: "we”, “us”, “our”). "You" refer to the person who use the Site. "Service" means: any of the services we supplied through the Site.
The use in the Site is subject to the terms listed below. Please read carefully all the terms. By using the Site, you are bound to these terms and to our Privacy Policy which is an integral part of it.
You hereby declare that you have read our Privacy Policy and gave your consent to its terms before using the Site. Our Privacy Policy's may be changed from time to time; you agree that you will review our Privacy Policy before making any further use of the Site.
If you do not agree to any provision of these terms, you are kindly required not to use the Site and to exit it.
We have the right to change these terms at any time by sending you a notice before the effective date of such change. If the change reduces significantly your rights, you may approach us and explain why your rights are reduced, and we accordingly, shall consider a proper solution for that, if you have convinced us. In all other cases, any continued use by you of the Service after the effective date shall be deemed as your agreement to the change in these terms. If at any time you do not agree to be subject to any change of terms, you may no longer use the Site or Service, but no refund will be awarded, and if your pricing plan is about to be renewed its your duty to stop the renewal according to these terms.
Access & Eligibility
The access to the Site is conditioned with the following terms:
You must be eligible by law of your residence to contract with us with respect to the use of this Site.
You must accept these terms of use and our Privacy Policy.
You were not banned by us from using the Site.
If you are acting on behalf of any kind of corporation you must be authorized to bond the corporation to these terms. If it will be found out that you were not authorized as mentioned, you may bear personal responsibility to whatever concerns the use of the Site by you and any transaction you made with us.
Pertaining our Services, you must be owner of a valid credit card or entitle to make purchase through Pay-Pal or any other payment method the Site may permit, (hereinafter – Credit Provider), and your credit limit at the Credit provider ought to be large enough to cover all your payments to us.
You made sure that the Site and all of its features are legal in your place of residency.
Account
In order to use our services, you may have to open an account by the Site (“Your Account”), create a user name and password and supply information about yourself such as: name, valid email address, telephone number. We may ask you for information without the need to open account.
You are not allowed to open an account or supply information on behalf of any other entity unless you were duly authorized to represent it.
We may allow you to access a Service to through your account at certain social network like: Facebook, consequentially we may receive information from the network like your name, profile picture, age range, language, email address, and friend list and use it for our purposes.
You will be responsible for maintaining the confidentiality of your password. You are required to immediately report to us whenever you are aware or suspect of unauthorized use of your username or your password or of any of your identifiers in the Site or in Your Account or of any other breach of these Terms. We will not be responsible for any outcome or damages arising or related to an unauthorized entry done by a third party.
By supplying information to us you agree that all the information you supplied is true, accurate and updated.
You are not allowed to use someone else’s account or name at any time. You should not try to make unauthorized access to the Site or assist others in making such attempts. You may not distribute instructions, software or tools for that purpose.
The account is not transferable to any other entity, only you can use it.
We may delete an account that is not active for 180 days.
We reserve the right to refuse to allow the use of the Site from certain entities according to our absolute discretion.
We may ask you from time to time to update the above user information or to add some other information for the continuation of the Service or for the access to new features.
Payments
The use of our Services is conditioned with your full prior payment to us of the sums as detailed in pricing plan appears in the Site which was chosen by you.
You must be owner of a valid credit card or entitle to make a payment in the Site through Pay-Pal or any other payment method the Site may permit.
You must provide us with all the updated, true and whole information we shall ask for executing the payment including the following: (i) your name as it is registered at your Credit Provider, (ii) your credit number, (iii) the credit type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge you, (vi) your address.
When you place an order in the Site for the use of a certain Service you are deemed to make an irrevocable offer to pay for the service according to the pricing plan chosen by you as stipulated in the Site including all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
Your offer is subject to our confirmation and acceptance. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon a notice from us or by making the Service available for your use.
All payments must be made by one of the approved payment methods set forth in the Site that may vary by from time to time under our sole discretion.
Your account at the Credit Provider will be charged for the entire order amount immediately upon your placement of the order by you in the Site and will be charged by your Credit Provider immediately upon our request. You hereby authorize us to charge your Credit Provider accounts periodically for any amount that you may owe us according to the pricing plan.
You oblige to maintain your account at the Credit provider valid and chargeable for the full amount you may owe us from time to time. If you wish to change the credit provider account you utilize for paying us, you ought to approach us 7 working days before the billing date.
If your Credit Provider did not confirm the payment and you failed immediately after to supply us the details of another of your Credit Provider's accounts which confirm the payment, then we may not supply you the Service.
Your service agreement with the Credit Provider governs your use of that method. YOU ARE RESPONSIBLE FOR PAYING US.
Unless you notify us of any discrepancies within sixty (60) days after they first appear on your Credit Provider statement, then you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your Credit Provider or its agent, then you agree to pay all amounts due upon demand by us or our agents.
You are the sole responsible for paying any governmental taxes, duties, levies or tolls imposed on your purchases including, but not limited to sales, use, custom or value-added taxes. You agree to fully indemnify, defend and hold us harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
If a Service was listed at a wrong price or was described erroneously then, we will be entitled to refuse, reduce or cancel any orders placed for that Service.
WE MAY, OCCASIONALLY, CHANGE THE PRICES AND BILLING METHODS FOR SERVICES.
The payments are done monthly or yearly according to your pricing plan (hereinafter: "Service Period"). All payment will be made in advance before the commencing of the Service Period for the whole ordered Service Period. At the end of each Service Period the service shall be renewed for the same period ordered previously and you will be charge for that period in line with your pricing plan. You can terminate a Service by a notice to our customer help or through the dedicated tools in the Site as long as available at least 1 working day before the end of the Service Period.
No refund will be made for not using a Service or due to insubstantial use of it.
If your pricing plan contains limitations on the usage in the Services or part of, then we may charge you with additional payments if you exceed any limitation by your actual usage.
If you fail to pay any payment due to us on time, we may suspend your account and remove or disable the service for you without any prior notice.
Termination
You may terminate any order or Service you subscribed to, but no refund is available.
If you terminate a Service for any reason, we are not responsible for transferring your content to another source.
We may upon our absolute discretion terminate at any time any order or subscription to our Services without any cause. If the termination was done without a cause, we shall refund you with the relative payment you made for the remaining Service period.
The Use of the Site
Your use of the Site is conditioned in your compliance with these terms and the rules that we may set from time to time.
Your failure to comply with these terms may result in termination of your access to the Site and the disabling of your user account or the omitting of the content you upload to the Site (hereinafter: "your content") – all without any refund.
When you contract with us, you do it for your personal use and not for resell or commercial purposes. The above does not forbid you to create landing pages for third parties.
You agree to use the Site in a reasonable manner as a single and regular user and not to take any action that might intervene or disable or adversely affect the proper use of other users of the Site features and its routine functionality or might create malfunction or disturbances in the operation of the Site, its features and other related systems. For these purposes we may limit and control your use in the Site and its features and sets rules from time to time with that regard.
It is your sole responsibility to make sure that your operations through the Site are in full compliance with all applicable laws including: tax laws, consumer protection laws, unfair competition laws, spam laws, intellectual property laws and privacy laws.
You are not allowed to use the Site:
for illegal or unlawful or malicious activities.
in a manner that would jeopardize the other users' fair enjoyment of the Site.
for unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", or investment opportunity, or any other form of information distribution which not conforms the laws that apply on the recipient of the information.
You are not allowed in relation to your use of the site to:
use any programmed device, algorithm or system ,robot, bot or any similar or equivalent manual or automatic process in order to: access, gain, copy, create multiple pages or visits, investigate, test, index, “data mine”, non-human click generation processes (including but without limitation robots, spiders, scripts or other software), harvest or collect information about or from other users of the Site.
intrude or monitor or frame or mirrored or download any part of the Site or of any its content, or in any way duplicate or circumvent the navigational structure or appearance of the Site or of any its content.
acquire or try to acquire any materials, documents or information through any way not intentionally made obtainable by us through the Site or any other methods that we determine to be fraudulent or unethical or unfair in nature.
enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Site.
send automated or machine generated queries.
breaching the security of the Site systems or trying to actively identify any security vulnerabilities in it.
Make available false, inaccurate, unlawful, deceptive or misleading information or representations.
transfer your account or disclosing the details of your account to another party without our explicit prior written consent.
use robots, crawlers and similar applications to collect, compile or submit content of any kind.
impersonate any person or entity, or making any false statement pertaining to its identity, employment, agency or affiliation with any person or entity;
You may not upload to the Site any file which its size is above 100 MB.
The use of the Site is conditioned with on-line connection to the World Wide Web and the use of standard PC, operating system and browser – which are all under your sole responsibility and expense.
We may create rules for using the Site and its different features and services. These rules may be changed by us from time to time upon out absolute discretion.
Users Content
By uploading content, you are deemed to declare that the content you upload is true as far as you know.
It is your sole responsibility to review every detail, aspect, page or section of your content, ant its suitability, appropriateness, lawfulness and compatibility to the Site.
You are not allowed to upload content which:
its publication or posting is prohibited by law.
contains any content or link from or to any materials that are libelous, defamatory, obscene, threatening, abusive, vulgar, violent, terrorist, racist, sexually harassing or pornographic or drug related or violates civil or criminal laws, including those regulating the use and distribution of that content on the internet, or may create grounds for criminal prosecution or civil liability.
contains material that infringes the rights of others (including, but not limited to, copyright and other intellectual property rights) or which promotes copyright piracy.
Includes software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications.
use illicit practices or which offend human dignity.
excuses illegal behavior.
uses explicit languish.
endorses discrimination, hate or violence towards a person or towards a group of persons due to their origin or the group they belong to (an ethnic group, a nation, a race or a religion).
contains description or fostering: abuse, incest, rape, torture, blood, bestiality, zoophilia or any similar inappropriate activity.
participate in or transmit inappropriate postings or unsolicited massages (spam).
promotes any type of illegal substance or activity;
contains illegal, false, or deceptive advice;
contains any content violating privacy laws;
was banded or blocked by law.
that you know is wrong or misleading.
impersonate any person or entity.
When you upload content to the Site, you are to take full responsibility for the content and the consequences arise from those actions including their publication, and you affirm by doing so that you have all the legal rights to upload the mentioned material to the Site’s platforms which are shared based and that the content conforms with these Terms. By uploading content, you agree that such content and its use through the Site is entirely lawful.
We have the right under our sole discretion not to allow publication of your content or to omit it at any time if it does not comply with the terms or due to technical restraints.
While using the Site you may be exposed to another users' content. We do not control the content uploaded by users via the Site. This content may be inaccurate, offensive, obscene or in poor quality or in any other way not in consistent with these terms. Furthermore, we do not warrant that the identity of any of the users is accurate or truly represent the entities using the Site. We are not obliged to monitor or to monitor properly the users' use of the Site.
We are not responsible for any information or content communicated through the Site nor we promise to store it or make it available. We also do not warrant that the content is communicated completely and entirely correct. YOU AGREE TO WAIVE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST US WITH RESPECT THERETO. ANY USE IN THE SITE OR RELIANCE ON ITS CONTENT OR ITS FEATURES BY YOU IS AT YOUR OWN RISK. Under no circumstances we be liable in any way for any content posted by any user or third party, including, but not limited to, liability for any errors or omissions in the content or for any loss or damage of any kind incurred as a result of the use of any content in the Sire or published through our Services.
We may allow our users to post their reviews, opinions, experience or similar information regarding the Site. By posting this material you acknowledge that the material you post is true as far as you know and all the intellectual rights in this material belong to you. You give us perpetual and royalty free license to use this material, to incorporate it in any activity we make, and order works based on them, including through third-parties without the need for your approval or transfer of consideration including: reproduce, copy, create derivative works, process, combine with other works (merchandising), merge, modify, distort, convert, twist, deform, devalue, reproduce, imprint, upload to social networks, integrate it on a website, display in exhibitions, integrate in advertising material, create features, sell copies, lend copies, selling or transferring our rights, etc., without any limitation in action or time or place. You hereby waive any moral right of any kind with respect to this material, and therefore, inter alia, we are not obliged to credit you or any other one. The above permissions will survive even after your account is deleted.
All the provisions in these terms dealing with the content you upload shall apply to any content you transmit through the Site.
Indemnification and liability
You assume sole and full responsibility and liability for any and all financial and legal risks and implications resulting from the use the Site by you.
You shall indemnify, defend, and hold harmless us, our affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use of the Site or any other issue related to the above. We shall make reasonable efforts to notify you of any such claim made against it. If you fail to assume such defense, then we may defend ourselves in any manner that it deems appropriate, and you agree to bear all our costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against us. The provisions of this Section, and the indemnity hereunder, shall survive these terms and any performance hereunder.
THE SITE, FEATURES, CONTENT, SERVICES, DATA, AND INFORMATION WHICH ARE PART OF THE SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTY THAT THEY SHALL WORK PERFECTLY, OR THAT THEY WILL BE AVAILABLE AT ALL TIMES NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, LOSS OF INFORMATION, SHUT DOWNNS WILL NOT OCCUR. WE DO NOT GUARANTY THAT THE SERVICES SHALL BE AS YOU INTENDED THEM TO BE. WE DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. WE DO NOT RESPONSIBLE FOR ANY ACTIVITY YOU MAKE IN THE SITE OR IN RELATION TO IT.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE/PRESENTATION OF ANY SERVICE AND/OR FEATURES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT IS SOELY YOURS. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF THE SITE OR INABILITY TO USE ANY PART OF IT OR SITE'S SERVICES, OR IN CONNECTION WITH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE 12 MONTHS OF SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Although we take various measures to secure the information stored in our servers, we do not guarantee that there won’t be any unauthorized access to your content or your account either by invasive ways or through using your username, passwords and pin codes and you assume all risks relating to above.
Any downloading of files or entering links through the Site is at the sole responsibility of the user, including the effect of this download or browsing on the user's devices.
Intellectual property & license
All the intellectual property rights relating to the Site, including its Services, its title, marks and graphics, designs, text, user interfaces, our logo, visual interfaces, photographs, trademarks, logos, sounds, artwork, computer code, structure, “look and feel” and arrangement of the content available are ours or belong to the entities which gave us permission to use them. You agree not to change, interfere, copy, decompile, reverse-engineer, transfer, assign, rent, resell, imbed or distribute the Site, its services, or any part of them.
"Pagewiz" and its related logo are trademarks owned by us. You agree not to use or display our mark and logo, in any manner without our prior written permission.
Any Service used by you through the Site is licensed, not sold, to you for your personal use according to these terms. The license is revocable, non-assignable personal, non-sub licensable, non-exclusive, non-transferable, and limited to single use by you. The license shall be effective until terminated by us according to our absolute discretion at any time for any or no reason. You shall not make the Service available for others by any mean. You agree to allow software updates to update, once a new version is released and allow us the ability to send you notifications.
Miscellaneous
We reserve the right to redesign the Site, add features, detract from or alter the Site and make any changes in its services and products at our discretion without prior notice.
All links to a third-party application or web site or features that enable you to use third-party application including data transfer to them are for the user's convenience only. We are not responsible in any way for any third party linked application or web site or any sharing of the user content with others including third-party applications. The above use is entirely at the sole risk of the user.
When you use our features that enable you to allow others to use or control some of your content, you should be aware that we may send service notifications by email or by other means to those being shared. You take full responsibility for the properness of such sharing and the legality of the notifications sending.
We may from time to time modify these Terms, please check these terms periodically.
You grant us a permission to send you promotional content by e-mail, regular post, or by any other mean of communications that your various addresses are linked to, including your mobile phone. To stop receiving this promotional content, send our customers center a proper notice.
We have the power at our discretion to shut down, discontinue or disable the Site or any part of, or to stop the distribution of any of its features.
Governing law of the Terms of Use will be the law of Israel, and the exclusive jurisdiction regarding any dispute about the use of the Site and its terms will only the courts in Tel Aviv - Jaffa, without derogating our right to seek relief in any other court, including outside Israel, in order to achieve injunctions or restraining orders or other order to enforce its rights.
These Terms of Use constitute the all agreements and the understandings between us with regard to the use of the Site and its Services.
No delay or failure by us to take action under these terms shall constitute any waiver by us of any provision of these terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these terms will continue in full force and effect.
These terms will bind and inure to the benefit of our successors and assigns.
Any claim under these terms must be brought within one (1) year after the cause of action arises.
