Terms

 

Clkim Website Terms of Use

Last Revised: September 19, 2016

Clkim, Ltd.  (“Clkim", "Company", "we", "our") welcomes you ("User(s)" or "you") to our website at: http://clkim.com/ (including its sub-domains) (the “Site”) and monetization service, allowing you to shorten uniform source locators ("URLs"), and monetize them by displaying advertisements ("Ads") while the URLs are loading (the "Services", as further detailed below). Each of the Site's and/or Services Users may use them in accordance with the terms and conditions hereunder.  

1. Acceptance of the Terms

By (a) entering, connecting to, accessing or using the Site, (b) opening an Account (as detailed below), (c) actively using the Services for the purpose of shortening URLs, managing and monetizing such URLs by using Ads, and/or (d) exposing yourself to URLs and/or to Ads made available via the Services, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy http://clkim.com/privacy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Clkim and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SITE OR SERVICES IN ANY MANNER.

The Site or Services are not allowed for use by individuals under the age of thirteen (13).

2. The Site and Services

Our Service includes, inter alia, the following functions and/or opportunities to our Users:

  • Creating shortened uniform resource locators (i.e. URLs) and tracking such URLs;
  • Sharing URLs via social networks, forums and blogs;
  • Generating traffic with respect to your URLs;
  • Displaying Ads to Users and/or other viewers of your URLs for the purpose of monetization. Non-Paying Users shall have no control over the Ads appearing in connection with their URLs (for more information, see Section 5 below);
  • Controlling traffic and/or content of the Ads (only available to paying-Users);
  • Revenue share models, based on the traffic which is generated by viewers of URLs.
  • A referral program, under which Users who refer our Services to others may receive certain revenues, as further detailed on the Site at http://clkim.com/referral-program.   

 

The Site also provides information and resources about  our Services, including any content related thereto such as contact information, materials, documents, text, files, logos, button icons, images, data compilations, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the "look and feel" of the Site, interface, GUI, interactive features, related graphics and other features obtained from or through the Site (collectively, the “Content”). Further, the Site provides the Users the ability to contact us via the contact form appearing at the bottom of the page ("Contact Form").  

 

THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE USERS' ABILITY OR INABILITY TO GENERATE TRAFFIC AND/OR REVENUES THROUGH THE USE OF THE URLS, THE ADS AND/OR SERVICES.

 

THE SITE, THE CONTENT, THE ADS AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, ADS AND/OR SERVICES. YOUR USE OF THE SITE, CONTENT, ADS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

3. Account Registration

While some features of the Services are available to unregistered users, for broader access to the Services you must register and create an account (“Account”). Registration to our basic Services is free of charge, however the Company reserves the right to charge a registration fee in the future. Paying-users receive additional unique services, as further detailed on the Site. Registration can be done by completing the registration form available on the Site or by using an existing social network account (e.g. Facebook or Google+). You may not have more than one (1) active Account. 

Your Account is password protected. In order to protect the security of your Personal Information (as such term is defined in our Privacy Policy) you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. 

You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately by (a) the settings of your Account (if available) or (b) sending us an email to support@clkim.com.

If you wish to either change your user name or password to log-in to the Services, or cancel and remove your Account, you may use the setting menu or you can send us an e-mail of your request to: support@clkim.com. Your Account will terminate within reasonable time following your termination request.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

4. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site and/or Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may also expose a User to civil and/or criminal liability.

You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site, Content, Ads and/or Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site, Content and/or Services for non-personal or commercial purposes without the Company's express prior written consent. Paying-Users may not use Ads of third parties who have no business relations with the Company, without the Company's express prior written consent; (c) remove or disassociate, from the Content, Ads and/or the Site any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any other proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site or any of its Services and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site, URLs, Ads, Services or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site or any of its Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site, URLs, Ads or Services; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company, or any other content, URLs or Ads on or through the Site or Services; or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use any of the above; (j) 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, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including the Company's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permit such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose, without the Company’s prior written consent; (l) create a browser or border environment around the Company Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site, Content, Ads and/or Services without the Company's express prior written consent; (n) frame or mirror any part of the Site without the Company's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content or any other content from the Site or Services; (p) transmit or otherwise make available in connection with the Site, URLs, Ads and/or Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site or Services for any purpose for which they were not intended; and/or (r) infringe and/or violate any of the Terms.  

With respect to URLs, you may not: (a) create redirect loops with services similar to our Services in order to generate revenue; (b) obtain impressions by paying directly or indirectly other people for URL visits; (c) participate in click 'rings' where you click on certain links in return for others to click your URLs; (d) create spam; (e) use the URL in a popup / popunder or iframe; (f) open more than one link/window when people click on your URL; (g) share URLs including Prohibited Content (as defined below); (h) advertise URLs directly on any form of traffic exchange / PTC website; (i) use Javascript redirect or meta-refresh; (j) open an URL without clicking on it; and/or (k) send and/or direct URLs to children under the age of thirteen (13).

5. Ads

General: While the URLs are loading, we will allow the display of third party advertiser's Ads. Non-paying Users shall have no control over the Ads displayed in connection with their URLs. Certain paying-Users may have the ability to control the Ads (i.e. use their own proprietary Ads or choose which third party Ads to display in connection to their URL. Ads of third parties who have no business relations with the Company may be used by paying-Users after obtaining the Company's prior written consent).

Paying-Users' right to display Ads: Subject to the conditions of these Terms and applicable law, the Company grants to the applicable paying-User a personal, non-exclusive, non-transferable, non-sublicensable and fully revocable right to display Ads in connection with their URLs.

Paying-Users' representations with respect to Ads:  To the extent you are a paying-User and have the ability to control the Ads displayed via the Services you hereby represent and warrant that: (i) your Ads shall be considered as Monetization Content under these Terms and shall fully comply with these Terms; (ii) you are the rightful owner of the Ads or otherwise have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Ads; (iii) the Ads do not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights); (iv) when displaying the Ads, you are and shall remain in compliance with all applicable laws, regulations, rules, orders, permits and other applicable requirements and the rules, policies and guidelines of the applicable platform on which the Ads are to be displayed; and (v) your Ads do not contain any spyware, pirated software, digital rights protection circumvention or hacking tools, spamming tools, or other code or instruction (including, without limitation, self-replicating and self-propagating instructions) that are constructed with the ability or are designed to damage, interfere with, or otherwise adversely affect the Services or other computer programs, files or hardware.

6. User Ads Disclaimer

As the Ads are served either by third party advertisers, ad networks or by the applicable paying-User, the Company makes NO WARRANTY OF ANY KIND AND  HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ADS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT OWN, CONTROL, MANAGE, ENDORSE OR SPONSOR ANY PARTICULAR ADD DISPLAYED VIA THE SERVICES AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE VARIOUS SERVICES, PRODUCTS OR OFFERS PROVIDED IN SUCH ADS.

By clicking the Ads you may, inter alia, (i) be transferred to websites or services of advertisers or third parties, (ii) receive messages, information or offers from advertisers or third parties. All the information contained in such Ads and third party sites or services belong solely to third parties and THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH ADVERTISEMENTS, WHETHER OR NOT THE COMPANY HAS CONTROL OVER SUCH ADVERTISEMENTS.

THE COMPANY, ADVERTISERS AND/OR THIRD-PARTIES MAY BE ENTITLED TO CERTAIN SHARES OF THE EARNINGS FOR SUCH ADS. IF YOU ARE A VIEWER OF SUCH ADS, YOU AGREE, ACKNOWLEDGE AND CONSENT THAT NO RIGHT, TITLE OR INTEREST IS OR SHALL BE GRANTED TO YOU IN ANY WAY WITH RESPECT TO ANY REVENUE SHARE WHATSOEVER IN RELATION THERETO. 

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE ADS OR RELIANCE UPON THE INFORMATION DISPLAYED IN THE ADS.

7. Payments

Payments to or from the Company are processed via certain online payment methods and service providers, which may include, among others, BlueSnap or Paypal ("Online Payment Services"). We may add or change payment methods or such service providers in our sole discretion. The Online Payment Services enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with the providers of such Online Payment Services, as each is an independent contractor, neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services' providers in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Services in connection with the Services.

Optional premium paid services are available on the Site. By selecting a premium service you agree to pay Clkim the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

8. Contacting us via the Site

You do not have to register in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form available at: info@clkim.com . The Contact Form requires your full name and e-mail address. Additional information may be requested in the future. You are required to provide accurate and complete information in the Contact Form.

9. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site or Services. Our policy and practices and the type of information collected are described in our Privacy Policy which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to it in accordance with the Privacy Policy. If you intend to connect to, access or use the Site or Services you must first read and agree to the Privacy Policy.

10. Intellectual Property Rights

The Site, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company ("Feedback"), the Company shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company's current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any of the Company's current or future products, technologies or services that incorporate any Feedback.

11. Monetization Content

  1. The Services may allow Users to upload, make available, publish or display Ads  (including other copyrightable materials included in the Ads, such as designs, animations, literary works, videos, images, text material, photos and any other proprietary materials (the "Monetization Content")). Please be sure that while you use the Services you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the Monetization Content you used in connection with the Services.
  2. THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT YOU MAY SUFFER OR INCUR, OR THAT YOU MAY CAUSE OTHERS, AS A RESULT OF OR IN CONNECTION WITH MONETIZATION CONTENT.
  3. Users agree that they will not upload, make available, publish or display any Monetization Content containing content which is unlawful for them to possess, upload or make available in the country in which they are residents, or which it would be unlawful for the Company to use or possess in connection with the Services, including but not limited to any content which (i) is defamatory, obscene, libelous, pornographic, indecent, harassing, threatening, abusive, fraudulent; (ii) makes reference to illegal substances, alcohol, gambling or tobacco; (iii) endorsing or encouraging violence, hatred, revenge, racism, victimization, discrimination of any kind, criminal activity or which is otherwise prohibited by any applicable law; and (iv) depicts minors in a sexual manner (collectively "Prohibited Content").
  4. Although the Company has no obligation to screen, edit or monitor any of the Monetization Content, the Company explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any Monetization Content and/or Prohibited Content available on or via the Services at any time and for any reason.
  5. The Company may create limits on the use of the Services including limitation on size and storage space available for Users to upload Monetization Content.
  6. The Services are accessible from around the world but this does not mean all Services or service features are available in your country, or that the Monetization Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the Monetization Content is legal in the country in which you live.

12. License to Monetization Content

We do not claim ownership of any Monetization Content. However, we do need certain licenses to the Monetization Content in order to enable the Services.

When you upload, make available, publish or display any Monetization Content via the Site and/or Services, you grant to the Company a perpetual, non-exclusive and worldwide license to publically display, communicate, host, publically perform, publish, make modifications (solely for the purpose of better showcasing your Monetization Content) such Monetization Content, in connection with the Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating our Services.

When you upload, make available, publish or display any Monetization Content via the Site and/or Services, you grant to each User or viewer of the Monetization Content a non-exclusive, non-commercial and royalty-free license to access and view your Monetization Content. Please note that the Company does not monitor or control what other Users do with your Monetization Content.

You hereby agree that the Company may retain and use copies of your Monetization Content for archival or backup purposes and in order to enforce the Terms including investigation of potential violations thereof.

13. Trademarks and Trade names

"Clkim", "Clkim™", “Clk.im”, “Clk.im™“, the Company's marks and logos and all other proprietary identifiers used by the Company in connection with the Site or Services (the “Company's Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site or Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

14. Availability

The Site's or Service's availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

15. Changes to the Site or Services

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site or Services (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Site or Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services or the Content included therein.

16. Links to Third Party Sites

Certain links provided herein permit our Users to leave this Site and enter non-Clkim sites or services. These third party sites and services are not under the control of the Company and are provided solely as a convenience to you. and the Company does not endorse and is not responsible or liable for any content (including, but not limited to, content advertising, products or other information) available on or from such linked sites and services.  Your access to, use of and reliance upon any such sites, services and their content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link to these third party sites or services at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such sites or services. Most of such sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

17. Copyright and Content violation

The Company respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement or that your Intellectual Property rights have been otherwise violated, please provide The Company via the following e-mail address: info@clkim.com with sufficient information in writing including, inter alia, a description of the copyrighted work that you claim has been infringed, and 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, information so that it can contact you such as address, telephone number and e-mail address. We will investigate and make an effort to reply within a reasonable timeframe.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, CONTENT, MONETIZATION CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SUB-CONTRACTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "COMPANY'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT WARRANT (I) THAT THE SITE OR SERVICES WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE OR SERVICES, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, SERVICES, CONTENT AND/OR MONETIZATION CONTENT (INCLUDING THAT THE RESULTS OF USING THEM WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE OR ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY OR THEIR QUALITY, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THEM.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE, SERVICES, CONTENT AND/OR MONETIZATION CONTENT IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

19. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING COMPANY'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, SERVICES, THE CONTENT AND/OR MONETIZATION CONTENT, YOUR USE OR INABILITY TO USE THE SITE, SERVICES,  THE CONTENT AND/OR MONETIZATION CONTENT OR THE FAILURE OF THE SITE AND/OR SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY'S AND COMPANY'S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO THE SUBSCRIPTION FEE ACTUALLY PAID BY YOU TO THE COMPANY, IF ANY, FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

20. Indemnification

You agree to defend, indemnify and hold harmless the Company and the Company's Representatives 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, misuse of, inability to use and/or activities in connection with the Site, Content or Services; (ii) your violation of any 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 with respect to your use of the Site and/or Services, or your submission of Monetization Content; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, Services or Monetization Content; and (v) any claim that your Monetization Content contains Prohibited Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

 

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

21. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site or Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

22. Termination of Site's operation

At any time, the Company may block and/or temporarily or permanently limit your access to the Site or Services, at its sole discretion, in addition to any other remedies that may be available to it under any applicable law.

Additionally, the Company may, at any time and at its sole discretion, cease the operation of the Site, Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site's or Service's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, User Ads Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification and General Sections will survive the termination of the Terms.

23. Minors

To use the Site or Services you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Site or Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Site or Services, we will prohibit and block such User and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

24. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Services or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) 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, (e) no waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default, (f) 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, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by the Company, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.

25. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to the following address and we will make an effort to reply within a reasonable timeframe: info@clkim.com.