TERMS OF USE

1.      WELCOME

We here at Vexigo (“Vexigo”, “we”, “us” or “our”) are happy to welcome you to our Visualizr website (the "Site") through which we provide our mobile website hosting and monetization service (the "Service" or "Visualizr". Visualizr allows you to turn your existing mobile content into a visually stunning optimized mobile website which enhances your user engagement.  These Terms of Use (the “Terms”) constitute a set of rules by which we operate such Service.

By using or accessing the Service, you acknowledge that you agree to the Terms, and are subject to their binding terms and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICE. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time.

2.      USING OUR SERVICE

By creating an account to maintain and manage your mobile website through the Service, you agree to provide accurate, complete and true information, and not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies. The information provided by you can be updated at any time by accessing your account settings page. Please notify us immediately in case of unauthorized use of your account or of any related security breach.

Please be aware that you may only use the Service for one specific website, unless you specifically receive a license from us to use Visualizr for additional websites.

Revenue share arrangements may be available for Publishers that generate at least US$30 in advertisement-related revenues per month through us. For more information please contact: visualizr@vexigo.com

3.      Reporting 

As part of the Service, we will be providing you access to our online reporting tool which will display your dashboard of projected earnings. NOTE THAT THIS DASHBOARD OF projected earnings is provided to you solely as a convenience and is subject to adjustments based on subsequent updates and event. Any earnings owed to you will only be paid as per the final monthly report emailed to you once a month.

4.      OWNERSHIP OF THE SERVICE PROVIDED TO YOU

The underlying technology of the Service and any advertisements that may be placed on your mobile website through the Service are the proprietary property of Vexigo, or that of our licensors or licensees. By subscribing to our Service, Vexigo grants you a personal, revocable, non-assignable, and non-exclusive license to access and use the Service provided that you comply fully with the provisions of these Terms until such right has been terminated.

You acknowledge that the Site, the Service and any related output that you receive from us may contain information, content, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, ideas, and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may only use such Content in accordance with these Terms.

All trademarks appearing on this Site are trademarks of their respective owners. “Vexigo”, "Visualizr" and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Services are proprietary to Vexigo. Our commercial partners, customer, suppliers, advertisers, sponsors, licensors, contractors and any other third parties may also have additional proprietary rights in the Content which are made available on this Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, unless specifically granted the right to do so herein. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from the owner of such Content to do so.

5.      YOUR CONTENT

As the Services constitute simply a facilitating platform, you shall be solely responsible for the content you (or any of your authorized users) transmit or submit through the Site or the Service, including but not limited to any of the content of your original mobile website, the content of any advertisements that you may provide to be included within your mobile website, information you provide to third-parties through such advertisements and all content on the website making use of the Services ("Publisher Content"). You shall be solely responsible for all of your own covenants, interactions, obligations and undertakings made and created as a publisher or an advertiser, as the case may be, including any errors, omissions or inaccuracies they include. It is hereby clarified that Vexigo shall in no way be liable for any offers made through your advertisements, the advertisements themselves, any Publisher Content on your site, or any information conveyed through you site.                  

You expressly agree that your use of the Services and that your Publisher Content will not: (1) be false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors, or is racially, ethnically, or otherwise objectionable; harassing, defamatory, libelous, abusive, threatening, obscene, coercive or objectionable, including material that is false, misleading or inaccurate, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, or international law; (2) include or use materials for which do not have requisite rights (e.g. license, copyright, royalties or otherwise); (3) include or use materials that infringe any patent, trademark, trade secret, copyright, or other proprietary rights; (4) be used to transmit or disseminate "unsolicited bulk email," or other advertising material or communications to persons or entities that have not specifically agreed (i.e. via an accepted ‘opt-in’ method) to receive messages from you; (5) include content from, or links to, services or sites that permit illegal peer-to-peer ‘sharing’ of copyrighted content; (6) introduce malicious programs into any network or submit or utilize any (i) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (ii) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (iii) code that would permit any third-party to interfere with or surreptitiously access personal information, and (iv) content to cause disablement or impairment; (7) be commercially misleading or fraudulent; (8) include the submission of any purposely inaccurate or falsifying information in connection with your account, or (10) be otherwise inappropriate or unlawful.

You may not access the Services other than by the interfaces provided by Vexigo or interfere with or disrupt their proper operation.

While we do not undertake to review all Publisher Content, we reserve the right to monitor your use of the Service and the Site for adherence to their proper use or for any other purpose. You acknowledge that by providing you with the ability to distribute your advertising as part of the Services to third parties, or by providing us with the ability to resize and reset the graphic visuals on your websites, we are acting as a passive channel and we are not undertaking any obligation or liability relating to any content you create, nor do we endorse any of your Publisher Content. Although we reserve the right to remove, without notice, any Publisher Content for any reason, we have no obligation to review Publisher Content prior to distribution or to delete Publisher Content that may be found objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Site and the Service, and we are not liable for any loss you incur in the event that the Publisher Content you distribute through the Service has been removed.

If you find any content published through the Site or Services questionable, please email us at support@vexigo.com.

6.      RIGHTS TO USE THE PUBLISHER CONTENT AND RELATED DATA; PLACEMENTS OF ADS; ATTRIBUTION

By using Visualizr, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, publish, translate, distribute, communicate to the public, and display any such Publisher Content (in whole or in part and with or without the use of your name) worldwide. Except as provided in our Privacy Policy, the Publisher Content itself shall not be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any advertisements created by you through the Services.

Furthermore, by using the Service, you grant us the non-exclusive right to place commercial advertisements on your mobile website, as well as manage and deliver all such advertisements in the form requested by you and in accordance with any specifications and policies provided by you in writing prior to publication.

We reserve the right to display attribution links such as ‘Powered by Visualizr’ in your website footer. Footer credits may not be removed.   

7.      THIRD PARTY LINKS AND INFORMATON PROVIDED

The Service and Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, third-party opinions and links to third party websites, which are not owned or controlled by Vexigo. Vexigo does not endorse any such third-party information and has no control over its content. As such, Vexigo also assumes no responsibility for the content, privacy policies, or practices of any third party. By accessing our Site and using the Service, you expressly relieve Vexigo from any and all liability arising from your use of any third-party website or information.

8.      RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

Vexigo reserves the right to suspend or terminate our users' use of the Service for any or no reason at all, at our sole discretion. Accordingly and in addition to any rights any remedy it may have under applicable law, Vexigo reserves the right to remove any Publisher Content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

9.      NO WARRANTY 

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICE, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THESE TERMS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN RISK. VEXIGO DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VEXIGO DOES NOT GUARANTEE THAT THE SITE AND THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE OR THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT VEXIGO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, VEXIGO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE OR THE SERVICE.

WE ALSO MAKE NO PROMISE THAT THAT THE USE OF OUR SERVICES WILL IMPROVE THE PERFORMANCE OF YOUR SITE, THE TRAFFIC OR USER ENGAGEMENT ON YOUR SITE OR THAT IT WILL MEET ANY OF YOUR EXPECTATIONS.

10.  LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless Vexigo and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by Vexigo and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF VEXIGO FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A MEMBER FOR THE SERVICES OR USE OF THE SITE OVER A PERIOD OF 12 MONTHS PRIOR TO THE CLAIM.

VEXIGO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VEXIGO OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.  PRIVACY

To learn more about how we protect personal information collected through the Service, please refer to the Vexigo Privacy Policy, which constitutes an integral part of these Terms.

12.  MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv-Jaffe, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party's ability to seek equitable relief.

Version: July 19, 2015

VISUALIZR PRIVACY POLICY

Vexigo respects your privacy and is committed to safeguarding any personal information that may be collected through our Visualizr Site or Services. The following policy describes what information we collect, why we collect it, how we use such information, the choices we offer, including how to access and update your information. Any capitalized terms used within this Privacy Policy and not defined will have the same meaning as they do in our Terms of Use.

1.                  INFORMATION COLLECTED AND HOW WE COLLECT IT

In visiting the Site and using our Services, we collect information to provide better services to our users and improve our business. We may collect information in the following ways: 

We collect information you give us: For example, some of our Services, such as those we provide to advertisers, publishers and business partners, may require signing up for an account with us. When you do so, we may ask you to provide certain information such as your contact information and billing information. We may also ask you some questions about your business in order to learn more about you so that we can assist you with your business needs; such information may include the number of employees in your business, the field in which you operate, your advertising budget and your website address.  In addition, when you contact us with questions, comments or for purposes of customer/technical support, we collect the information contained in your message, which may your contact information and any other personal information you provide. We will also collect such information when you ask to be included in our mailing lists or express an interest in hearing more about the Services, in order to send you information in the future regarding the Services, our partners, related services, promotions or events. We may collect your contact information through optional surveys we may conduct from time to time in respect of the Services.

Information we get from your use of the Services: In addition to the above, we may collect further information from you automatically. Whenever you visit our Site or use our Services, web servers may automatically collect and aggregate information in respect of your visit through the use of “cookies” and otherwise. This information may include referring websites, browser type, browser language, operating system, the pages that you access, your Internet Protocol (“IP”) address, and the actions you take on our Site or through the Services. We may collect information about the way you use our Services, the device you use, the way you view information or Publisher Content provided through the Services or the way that you view various websites or advertisements that make use of our Services.

Our cookies will also collect certain unidentifiable information from third-parties that click-through or take other actions in relation to the advertisements created, published or displayed through the Services. Similarly, please be aware that certain Services use third-party advertising companies to serve ads through us, which may, directly or indirectly, collect or use information about user visits to our Site (or to additional properties we may aggregate through our Services) to display advertisements more tailored to users’ interests.  If you wish to know more about this practice and related options, you may visit the Network Advertising Initiative (“NAI”) web-site: http://www.networkadvertising.org, which is a cooperative of online advertising companies who are committed to responsible practices and consumer protection.

Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. You should be aware that if you elect not to accept cookies, some parts of the Site may not function properly or permit access. You may delete your computer or device's cookies at any time. Please also be aware that third parties, such as advertisers, may use our Services to drop their own cookies. We have no control over such practices over any information collected from such practice.

2.                  PUBLIC CONTENT SUBMITTED

Please note that any information which you choose to distribute via the Services, such as Publisher Content, may be viewed by third-parties. Please be aware that such content shall be considered public information for which you should have no expectation of privacy. To learn more, please read our Terms of Use.

3.                  WHAT WE DO OR MIGHT DO WE THE INFORMATION COLLECTED

We may use the information provided to us to:

·         Provide, maintain, protect and improve our Services, and to develop new services and offerings;

·         Offer users tailored content; 

·         Contact you from time to time with critical user or service updates or other information important to support the Services. We may contact you to ensure that the information we have in our records is accurate or when in need of additional information to complete your profile;

·         Receive feedback and comments from you about our Services and inquire about any features you would like to see in future offerings. We may also contact you to ask for your satisfaction rate, inform you of technical issues, or offer you upgrades, promotions and additional products that you may be interested in;

·         Send out newsletters to you with articles and information which we believe may be of interest to you;

·         Customize, measure and improve our services, content and advertising;

·         Bill you as applicable, which might require the use of third-part billing providers. We do not store any of your personal payment information.

·         Evaluate your use, preferences and trends for our own internal statistical and analytical purposes;

·         Prevent activity we determine to be potentially illegal;

·         Enforce this Privacy Policy and/or our Terms or any other purpose referenced herein or therein.

4.                  DISCLOSURE OF INFORMATION

We will not use your personal information for any purpose, other than those outlined in this Privacy Policy and/or in the Terms, unless we have your consent. We will not share your personal information with any other third parties without your permission, unless:

(1) We are required to do so by law or when necessary to comply with a current judicial proceeding, a court order or legal process served on Vexigo, or when we believe in good faith that disclosure of information is necessary to prevent imminent physical harm, financial loss or to report suspected illegal activity. In all cases, such information will only be disclosed in accordance with applicable laws and regulations.

(2) In the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of our company so long as the party acquiring the information agrees to be bound by the terms of this Privacy Policy.

In addition, we may provide aggregate statistics about users, sales, traffic patterns, and other information to third parties, but these statistics will not include any personally identifiable information.

5.                  LINKS AND THIRD PARTY SERVICE PROVIDERS

We may offer links from our website to other websites which may be hosted by our partners or by unrelated companies which we think may be of interest to you. Such websites are not governed by this Privacy Policy and Vexigo makes no representation as to their practices for dealing with your personal information. We recommend that you check the privacy policy of any website at the beginning of your visit.

6.                  SECURING THE INFORMATION

We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of the information collected and against accidental loss or destruction of, or damage to, your personal data or that of End-Users. While no system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved.

In addition, we recommend that you do your part in protecting yourself from unauthorized access to your account by ensuring no one else uses your computer when you are logged in, by logging off from the site when it is not in use and by keeping your password confidential. 

7.                  CHOICE

If you provide us with any mailings or other communications, you can always choose to opt out.

You may also set your browser to block all cookies or to indicate when cookies are being sent. However, bear in mind that many of our services may not function well if your cookies are disabled.

You can also choose to remove the tracking and collection of cookies from time to time by deleting all of the cookies from your computer or mobile device.

8.                  CHANGES TO THIS PRIVACY POLICY

We may change the terms of this Privacy Policy from time to time in order to reflect our practices and provide greater protection for your information. Information collected by us will be dealt with in accordance with the provisions of our policy which were in effect at the time of collection.

9.                  ACCEPTANCE OF OUR PRIVACY POLICY

By using our Services and accessing our Site you are consenting to the practices relating to information collection and use that are described in this privacy policy

10.              CONTACTING US

Any requests for access to your information, modification of your information or questions in respect of this policy should be sent to the following email address support@vexigo.com.

 

Version: July19th, 2015