Terms of Service
- Acceptance of Terms
Appswish Ltd. (hereinafter: “Appswish”, “We” or “Us”) provides the Service (as defined herein) to you (“User” or “You”), subject to the following terms of service (hereinafter: “TOS”) which may be updated by Us from time to time without notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, or modifications that We may have made to these TOS. You can review the most current version of the TOS at any time at: https://appswish.com/tos Your use of the Service constitutes Your acceptance of the TOS.
- Service Description
Appswish is a media agency specializing in high quality marketing of advertisers in the online industry (hereinafter: the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Appswish properties, shall also be subject to these TOS. Appswish may change, suspend or discontinue any aspect of the Service at any time. Appswish may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. Appswish also may offer other services from time to time, which are governed by different terms of services, which are not related, directly or indirectly, to Us.
Registration may be required for the use of Our Service. Your registration shall not impose any duty on Us to provide any particular service to You.
In order to register to Our site, Users may be requested to give Us their contact information, demographic information and additional information necessary in Our sole discretion. The Users’ contact information is mainly used to contact the User.
For the avoidance of any doubt, Appswish may also use third parties (such as
Facebook) to allow registration.
Registration data and certain other information about You are subject to our Privacy & Cookies Policy.
- Copyright; Trademark
All materials contained in the Service are protected by copyright and are owned and controlled by Appswish and/or its affiliates. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from Appswish.
Appswish and other service marks, trademarks and logos displayed on the Service (hereinafter: the “Appswish Trademarks”) are the property of Appswish. or its licensors. You agree not to display or use the Appswish Trademarks in any manner.
Permission to use materials from the Service (hereinafter: the “Materials”) is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.
- Copyright Infringement
In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any content on the Website infringes upon Your copyright, You are welcome to provide Us with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed 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 reasonably sufficient to permit the location of the material;
- Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Appswish’s designated copyright agent to receive notifications of claimed infringement can be contacted at: https://appswish.com/#contact. A notice that fails to comply with the terms mentioned above may not be valid.
Please be advised that You may be liable for damages (including attorneys’ fees and other expenses) if You materially misrepresent or claim that information posted on Our website is infringing Your copyrights. Therefore, if You are uncertain whether certain materials infringe Your copyrights, We recommend that You first obtain qualified legal advice.
Notwithstanding anything contrary, You hereby agree and undertake that You shall, at all times, keep and respect these TOS and terms of service agreements and copyright rights of third parties.
- Service Content and Information; Features
The Service contains, or may contain, information, advice, text, materials, pictures, video and other goods and services (collectively, the “Materials”) that are provided for Your convenience and enjoyment. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
Please be advised, that often, the information located on Our website is opinion and not fact. We are glad to receive any comments You have with respect to the information posted on Our website to: [email protected] It is Your responsibility to independently verify any information which You intend to rely upon, and We expressly disclaim any responsibility with respect thereto. If You are aware of any information on Our website which is factually inaccurate, hurtful or illegal, We urge You to inform Us so that We may act immediately to correct this.
Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.
We do not represent or warrant that every action You take regarding Your activities on the Service will be lawful in Your jurisdiction. It is incumbent upon You to know the laws that pertain to You in Your jurisdiction and act lawfully at all times when using the Service.
The Services may contain hyperlinks to other websites which are not included as part of the Services (hereinafter: “Other Site(s)”). If You use the hyperlinks to access these Other Sites, You will leave the Services and Your browser will be re-directed to the Other Sites. Appswish may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by Appswish of any Other Site or resources, or their content. Appswish is only providing these links to You as a convenience, and the inclusion of any link does not imply endorsement by Appswish of the Other Site.
Notwithstanding anything to the contrary contained in this TOS, We reserve the right to deny permission to link to the Service from any Website for any reason in Our sole and absolute discretion.
- Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, APPSWISH MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. APPSWISH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPSWISH DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN EVERY JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, APPSWISH DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
APPSWISH SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL APPSWISH BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR APPSWISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
You agree to defend, indemnify and hold Appswish harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, Your use of the Service. Specifically, without derogating from the generality of the foregoing, You agree to defend, indemnify and hold Appswish harmless against any loss or damage arising from Your unauthorized use of the web site or Your disclosure of any password or user name and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by You of any of Your obligations under these TOS.
Notwithstanding the foregoing, Appswish retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Appswish herein under the terms and provisions of this Section 10 and in no event shall You settle any such claim without Appswish’s prior written approval.
- Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. SOLE AND EXCLUSIVE JURISDICTION SHALL BE GRANTED TO THE COURTS OF TEL AVIV, ISRAEL.
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.