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The following are the terms and conditions of access and use of the Application and Service (as such terms are defined hereunder) (the "Terms of Use") which constitute an agreement between You, a User accessing and using the Application (as defined below), and META GRAPH LIMITED, a company under incorporation (the "Company"). These Terms of Use shall be deemed to have been read and agreed to by You, if you download the Application. "You" or "User" means a user using the Application, whether for its own business or authorized on behalf of any corporation or any other entity; "We", "Our" and "us" means the Company, its parent corporations, subsidiaries and affiliates.
1. Access and Use. The Company hereby grants You a permission to download and use its "META GRAPH LIMITED" application owned and provided by Company (the "Application") and use the marketing management services provided through the Application (the "Services") provided that You will not, nor attempt, whether yourself of through others: (i) disclose your user name and password to others and allow anyone other than you, directly or indirectly, to use the Services with your user name and password; (ii) copy or distribute any part of the Application, the Content, and any form and concept embodied therein, in any medium; other than as permitted through the Application as part of the Services (iii) alter or modify any part of the Application; and provided that You will otherwise comply with the terms and conditions of these Terms of Use.
2. The Downloading of the Application and the use of the Services, or part thereof, may be subject to fees and other related charges, as provided herein and in the appstore from which you download the Application, and as may be elected by User from time to time.
3. Use of Service. Company hereby grants You a permission to use the Service as set forth in these Terms of Use, provided that: (i) You are 18 years old or older (i) You will not disclose your user name and password to others and you will not allow anyone other than You, directly or indirectly, use the Service with your user name and password ; (ii) You will not copy or distribute any part of the Service, the Content therein, and any form and concept embodied therein, in any medium (iii) You will not alter or modify any part of the Service; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use.
4. Changes to the Service; Termination of the Service or Feature. Company reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. If Company in its discretion chooses to cease providing the current version of the Application or any of its features and/or specific functions, whether through discontinuation of the Service or by upgrading or downgrading the Application to a newer version, You may not be able to continue using the previous version of the Application.
5. Service Offering; Plans. The Services made available through the Application may be offered under a variety of plans to suit Your needs, including the promo licensing plan which is free of charge, premium licensing plans which are subject to the applicable fees , and tailor made plans that may be designed for specific requirements- all of which may be amended from time to time at Company's sole discretion with or without notice.. You agree and acknowledge that any free promo may have fewer features and a more limited functionality than premium plans. You agree and acknowledge that you can only create a single promo account per each internet domain and campaigns for only one internet domain can be managed in each promo account. In addition, we may occasionally offer special promotions where we may discount or waive certain applicable premium fees. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive and unless otherwise specified, they are non-transferable and may expire, as specified in the specific coupons.
6. Payment Methods. A valid credit card, debit card or any other charge card ("Payment Card") may be required in order to download the Application or acquire any of the Services. We may also at any time accept monetary payment through any other payment method as shall be designated by Company from time to time at its sole discretion. Upon presentation of any Payment Card information, the User warrants that he/she is the cardholder or an authorized user of such Payment Card, and that the billing information provided is accurate. All Payment Cards are subject to validation checks and authorization by the card issuer. We may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made by us. If the issuer of your Payment Card refuses or does not, for any reason, authorize payment to us we shall be entitled to deny your access to the Services. You authorize Company to charge such Payment Card for the Services. By approving the purchase of a plan or the download of the Application, you authorize Company to charge the designated Payment Card for the total amount of the purchase.
7. User Accounts; Compliance and Monitoring
7.1. In order to use the Service You shall be required to create an account ("Account") by submitting certain details. Free users shall only be required to provide email address ("Private Information"). Company shall treat your Private Information in accordance to Company's Privacy Policy, available at the APP store. You must ensure that the details provided by You on registration or at any time are correct and complete and undertake to inform the Company of any changes to the information that You provided when registering and creating your User Account, by updating Your personal details. Password and Account access details must be kept safe, secure and confidential at all times and must not be disclosed or shared with anyone. You hereby release the Company from any and all liability for any losses and/or damages caused to you or to your clients by any unauthorized access and/or use of Account(s). Although Company will not be liable for such losses, You may be liable for the losses of the Company or others due to such unauthorized use.
7.2. Company reserves the right to monitor Your use of the Services in as much as required to ensure that Your use of the Services is in accordance with the permitted uses as set forth herein and in the Application. In the event that it comes to Company's attention that You are using Your Account in contrary to these terms of Use, Company explicitly reserves the right at any time in its sole discretion to block use of any Account(s) or terminate Your use of the Application and Services, without derogating from any other remedies available to Company according to any applicable law.
7.3. Notwithstanding the aforesaid, Company shall have the sole and absolute discretion to deny any User's registration and/or access to the Service or any future services of the Company or to discontinue any Service for any Account or Accounts and block such Accounts for any reason whatsoever and at any time, without incurring any liability to Company.
8. Use of Information
8.1. Company may collect or receive information and data submitted by Users through the Services including without limitation Private Information, as set forth in the Privacy Policy, and as set forth herein. Any such information may be monitored, retrieved analyzed and used by Company for creation of general statistics regarding use of the Service, utilization of Services and for purposes of establishing patterns of behavior, manner and fashion of use of the Services, and general statistics regarding to campaign management through the Service (excluding campaign specific identifying data, such as, names of advertised brands, pricing information of products which are subject of certain campaigns etc.) to the extent permitted by applicable law and subject to Company's Privacy Policy (all the foregoing, "Extracted Information"); for example, in order to determine popularity of certain features and improve the functionality and the quality of Services, delivering customized content and customized Advertising Material (as defined below), and for other purposes commercializing an monetizing upon such Extracted Information. By using the Services, User authorizes Company to include User's name, title, business name, contact information in data bases used for commercial purposes ("Commercial Data Base") including without limitation sending promotional information and advertisements. At any time, any User is entitled to request, by furnishing a written notice to Company, via feedback META GRAPH LIMITED to withdraw this authorization and delete such Users' information from any such Commercial Data Base, however, Company retains the right to save such information for its internal purposes for as long as User uses the Services.
9. Use Limitations.
9.1. The Service and the Content (as defined hereunder) may only be used as a tool for the purpose of marketing management under the terms and conditions herein (for managing Your own business' online marketing campaigns) ("Purpose") and the Service and Content may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. Company reserves all rights in and to the Service and the Content.
9.2. You may not use the Services for any of the following purposes including without limitation managing campaigns promoting or supporting any of the following purposes (the "Prohibited Activities"); Company disclaims any and all liabilities, losses and or damages with respect to any use of the Services which constitutes a Prohibited Activity.
9.2.1. Engaging in unlawful, indecent, obscene or other morally objectionable activities.
9.2.2. Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal materials;
9.2.3. Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice;
9.2.4. Gaining unauthorized access to other computer systems;
9.2.5. Interfering with any other person's use of the Services;
9.2.6. Transmitting, junk mail, chain letters or "spam";
10. Third Party Services. Company through the Service may make available to User software, applications and/or services provided and licensed by third parties ("Third Party Services"). The use of Third Party Services in or with the Service is subject to the applicable licenses, terms of use and conditions of such Third Party Services. In the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such Third Party Services, mutatis mutandis. Company disclaims any warranty or representation with regards to any use of any of the Third Party Services, which use is on an as-is basis. In as much as the Application or Services contain links to websites which are not operated by the Company ("Third Party Websites"), THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY WITH REGARDS TO ANY SUCH THIRD PARTY WEBSITES, THEIR CONTENTS, THE INFORMATION PRESENTED THEREIN, ETC., AND ANY USE OF ANY USER THEREOF, AND IN NO EVENT WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR IN CONNECTION WITH ANY USE OF ANY SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY WEBSITES OR ANY RELIANCE ON ANY INFORMATION PRESENTED THEREIN, AND ANY SUCH USE SHALL BE ON USER'S OWN DISCRETION, RISK AND RESPONSIBILITY.
11. Intellectual Property Rights. all right and title in the Service and Application, as well as and content included therein (including without limitation, software (both source and object codes), scripts, graphics, form, text, content of text, multimedia files and the like and any and all trademarks, copyrights, service marks and logos) contained and embodied therein ("Content"), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions. User represents and warrants that any and all content used by the User through the Application are either owned by him or rightfully licensed to him for the purposes of the uses made by User including, without limitation, within the Application.