FEEDBACKITY
1. Terms of Service; Acceptance
1.1 These Terms of Service, which together with the the Privacy Policy and all related policies and guidelines referenced herein or therein are referenced herein as the “Terms”, are a legally binding agreement between you and The Feedbackers Ltd. (“Feedbackity”, “us”, “our” or “we”).
1.2 These Terms set forth the legally binding terms of your access to and use of Feedbackity.com website (the “Site”) and all functionalities, products and services offered on or through the Site (the “Services”). These terms govern your use of the Site and Services and your interaction with other parties who use the Site and Services.
1.3 Please read these Terms carefully before accessing or using the Site or the Services or parts thereof. By creating an account, accessing the Site, or using the Services you agree to be bound by these Terms. We may update these Terms at any time and without notice by posting a revised version on our Site. By continuing to use our Services, you accept any revised Terms.
1.4 If you are an entity other than a natural person, the person who registers the account or otherwise uses our Site or Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
1.5 Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OUR SITE OR SERVICES.
2. The Site and the Services
2.1 The Site and Services enable a party to upload content, including without limitation, a film, video, advertisement, book, pamphlet, text, work of art, plans, designs, or any other work, authorship or form of content, (the “Content” and “Content Provider”) to receive feedback relating to such Content from a third party (the “Feedback” and “Feedback Provider”).
2.2 Feedbackity is not responsible for the quality, safety, morality, truthfulness or legality of the Content or the Feedback. Feedbackity is not obligated to pre-screen users or any of the content or information provided by users. Users, including Feedback Providers, are aware that there might be content, including Content, that they may find offensive/inappropriate and that they are watching such content/Content at their own risk.
2.3 The form and nature of the Site and Services may change from time to time, and the Site and Services (or any features) may be discontinued for you or for users generally at The Feedbacker’s sole discretion. Without derogating from the preceding sentence, Feedbackity may terminate your right to use the Services if (a) you have breached any provision of the Terms or any of our policies and guidelines (or have acted in a manner which clearly shows that you do not intend to comply therewith); or (b) Feedbackity is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
2.4 Feedbackity hereby grants you permission to access and use the Site and the Services, provided that you use the Site and the Services only in accordance with, and for purposes that are permitted by, (a) the Terms and any other guidelines, policies or other instructions which are referenced herein or posted on our site, and (b) any applicable law or regulation. You agree to comply with all local laws regarding online conduct and acceptable content.
2.5 Taxes: You are responsible for compliance with applicable law and the payment of all applicable taxes on any funds you receive or pay through the use of the Site or Services.
3. Registration; Eligibility; Account Information
3.1 To use the Services, you must create an account and provide certain registration information. All information provided during the sign-up process and otherwise during use of the Site or Services must be accurate. By creating an account, you agree to receive notices from Feedbackity at the email address you provide to us.
3.2 By using the Site or Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older upon registration; and (d) your use of the Site or Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. We may modify the eligibility criteria from time to time. Any account you have created or content uploaded by registering on or using the Site or Services may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate.
3.3 You may not use the Site or Services if you are not at least eighteen years old.
3.4 Password: You are responsible for keeping your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You also agree that Feedbackity will not be liable for any loss or damage arising from your failure to keep your password secure. You must immediately notify Feedbackity if you suspect unauthorized use of your password or any other breach of security. You agree not to use the account or password of another user. You agree not to provide your username and password information in combination to any other party other than Feedbackity without Feedbackity’s express written permission.
3.5 Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To use the Services, you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
3.6 Account Transfer: You may not transfer or sell your account and User ID to another party.
3.7 Social Sign-In. If you access the Site or Services through a social networking site, you agree that we may access, make available, and store (if applicable) the following information — your name, current and past positions, email address, industry, education, certifications, and skills. Subject to the privacy settings that you have set with the social networking site, personally identifiable information that you post to that social networking site may be displayed on our Site. Please note: your relationship with your social networking sites is governed solely by your agreement with them and we disclaim any liability for personally identifiable information that may be provided to us by a social networking site in violation of the privacy settings that you have set with that social networking site account.
4. Content Provider Projects, Fees & Payment
4.1 Submission: A Content Provider may submit Content via the appropriate section on our Site (a “Project”).
4.2 Fees:
4.2.1 General: Feedbackity charges fees for the Services. The general fee categories with respect to Projects are displayed on the Site. Additional fees may be charged for additional features or services provided. Feedbackity reserves the right to changes pricing and fees for the Services by posting new pricing and fees on its Site or Services.
4.2.2 Project Fees: The fees due for your specific Project are shown before payment. In the event that you do not provide accurate details at the time of submission of the Project or there is an error upon processing the submission of such Project, the fees for such Project may increase. Feedbackity may also increase the fees relating to a Project after its been submitted if it determines in its sole discretion that a higher fee is appropriate for such Project. In all such cases of increasing the fees of a submitted Project by Feedbackity, your approval will be obtained prior to providing you with the Services. If you do not approve of such fee increase, the provision of the Services with respect to such Project will be cancelled and, in the event that the error was not the fault of the Content Provider, the funds paid by the Content Provider with respect to such Project will be refunded.
4.3 Payments: You must pay all fees and applicable taxes associated with your use of the Services. You agree to pay all fees due prior to receiving the Services. Fees must be paid via PayPal or an alternative payment platform approved in advance by Feedbackity. By using any payment method and/or providing payment details for making purchases through the Site or Services, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments through the Site or Services; and (d) such actions do not violate any applicable law.
4.4 Cancellations: You may cancel your Project by contacting customer support at: [______@TheFeedbackers.com], however no refunds will be available except as specifically stated in Section 4.5. Cancellation will occur within 48 hours of the first business hour following receipt of a cancellation request. Business hours are Sunday through Friday 8:00 – 17:00 Israel Time, excluding Israel national holidays. Prior thereto, Feedback Providers may continue to review and provide Feedback.
4.5 Refunds: Once Content has been submitted to the Site or Services and has been forwarded to or accessed by a Feedback Provider no refund will be available to the Content Provider. In the event a transaction is cancelled prior to the Content being forwarded to or accessed by a Feedback Provider, Content Provider may request a refund, however Feedbackity reserves the right to charge a cancellation fee. Other than as set forth herein, once a Project has been submitted no refunds are available.
4.6 Unpaid Fees: If a Content Provider closes its account or does not complete payment of fees due for any reason, Content Provider remains obligated to pay Feedbackity for all unpaid fees plus any penalties, if applicable. If the Content Provider’s account is not paid in full and becomes past due, he risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
5. Feedback Provider Projects, Commissions & Payment
5.1 Becoming a Verified Feedbacker: A Verified Feedbacker is a Feedback Provider whose submission of Feedback has been evaluated by Feedbackity or members of Feedbackity community, such as Feedback Providers or Content Providers, and who has been subsequently approved by Feedbackity as a Verified Feedbacker. Only Verified Feedbackers may receive a commission for providing Feedback. Your initial submission(s) of Feedback, submitted prior to becoming a Verified Feedbacker, will not be compensated, even if you are later approved as a Verified Feedbacker. The decision whether to approve a Feedback Provider as a Verified Feedbacker is at the sole discretion of Feedbackity. You will be notified after your initial submission(s) whether you have been approved as a Verified Feedbacker. If we suggest you try again, this does not mean that you will be accepted in the future as a Verified Feedbacker. Becoming a Verified Feedback Provider does not guarantee that you will be provided with future requests for Feedback or approval to provide Feedback with respect to any future projects. Furthermore, a Feedback Provider’s status as a Verified Feedback Provider may be removed by Feedbackity in the future.
5.2 Feedback Projects: Feedback Providers who have received email confirmation approving their participation in a Feedback project (“Approved Project”) must provide their Feedback in accordance with the terms of such Approved Project as set forth the applicable email, including without limitation providing the Feedback prior to the deadline set forth in the terms of such Approved Project (“Deadline”). A Verified Feedback Provider who does not provide the Feedback prior to the Deadline of the Approved Project and in accordance with all of its terms will not receive a commission with respect to that Approved Project. You agree that all determinations with respect to the Deadline and Approved Project terms shall be decided solely by Feedbackity.
5.3 Commission: Verified Feedbackers will be paid a commission for their provision of Feedback with respect to an Approved Project in the amount set forth in the Approved Project email confirmation (the “Commission”), provided that they have provided Feedback prior to the Deadline and in accordance with all the terms of the Approved Project. All fees due on the payment of the Commission, including without limitation PayPal fees, transfer fees, exchange rate fees and any other fees due will be deducted from the Commission amount. For example, if a Commission is $20 and there are $2 of transfer or other fees on the Commission, then the Verified Feedback Provider would receive $18 (prior to any further deductions the Feedback Provider would need to pay in applicable taxes). Feedback fees and rates may change and each Approved Project has its own price. The Feedback Provider is responsible to check the Commission for each Approved Project.
5.4 Taxes: All taxes due on the Commission are the sole responsibility of the Feedback Provider and will be paid by the Feedback Provider in accordance with all applicable laws.
5.5 Payment Terms: Verified Feedbackers will be paid the Commission via PayPal or an alternative payment platform approved by Feedbackity within 48 hours of the Feedback Deadline.
5.6 Payment Conditions: A Feedback Provider will be paid a Commission only for Feedback which is submitted to Feedbackity (i) within the time frame committed to with respect to the Project, (ii) in accordance with all terms of the Project set forth in the Project description, and (iii) in accordance with these Terms. [Furthermore, Feedbackity cannot ensure that a Content Provider or Feedbacker will actually complete a transaction. A Feedback Provider will be paid only upon receipt of the payment from the applicable Content Provider. If the Content Provider does not pay the fees the Feedback Provider will not receive payment.]
5.7 Currencies: All prices on the Site and Services are derived from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. If you paid for a Project in a currency other than US$ and you are eligible for a refund in accordance with Section 4.5, the amount returned to you would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
6. Grant of Rights to Content, Feedback and Other Information and Materials
6.1 Content Providers:
6.1.1 You hereby grant Feedbackity permission to display your name, likeness, biography, trademarks, logos or other identifiers used by you in your account (“Profile Info”), Content and any other information, materials, feedback or content that you provide, upload or submit through the Site or Services, to Feedback Providers, and any other audience you have granted permission to view your Content, including the public at large if you have agreed to public viewing settings on the Site or through the Services.
6.1.2 You hereby grant Feedbackity the right to publish on its website, and otherwise publicize through other media, websites or third parties, your Profile Info and the title, genre, language and [____] of your Content and state that it was reviewed via the Site and Services. Except with respect to the above, Feedbackity will not publish your Content, unless you grant permission.
6.1.3 You hereby grant Feedbackity permission to use the Feedback you have received through the Site or Services, for the purpose of displaying such Feedback on the Site, and to provide such Feedback to public audiences, media or third parties.
6.2 Feedback Providers:
6.2.1 You hereby grant Feedbackity permission to use the Feedback you have provided, your first name, biography, and any trademarks, logos or other identifiers provided by you in your feedback forms, and any other information, materials, feedback or content that you provide, upload or submit through the Site or Services, for the purpose of displaying such properties on the Site, or to public audiences, media or third parties, and to provide it to Content Providers.
6.2.2 Subject to the rights granted to Feedbackity in Section 6.2.1 above, you hereby grant the Content Provider with respect to whose Content you have provided the Feedback all intellectual property rights in the Feedback, including, but not limited to, the copyright for the Feedback delivered, and you waive any and all moral rights therein. The Feedback shall be considered work-for-hire under the U.S. Copyright Act made for the benefit of the Content Provider. In the event the Feedback does not meet the requirements of work-for-hire or the US Copyright Act does not apply, the Feedback Provider expressly agrees to assign to Content Provider the copyright in the Feedback.
7. Restrictions Relating to Use of Content and Feedback
7.1 Content Providers may use the Feedback only in accordance with the rights set forth under these Terms.
7.2 Feedback Providers may not record / duplicate / copy in any way the Content they receive by any means. For example, the Feedback Provider may not record / duplicate / copy Content by way of an external video recorder (Camera, Phone) or screen capturing, nor are they allowed to take an image of the content (for example, with a camera/phone etc.) or by doing screen capture.
7.3 Feedback Providers confirm that whatever information they receive from the Content Provider, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the Feedback to the Content Provider. Feedback Providers agree to treat any information received from Content Providers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Feedback Providers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Feedback; and (vi) not to copy or reproduce any of the Content or other information.
7.4 Content Providers, Feedback Providers and their respective affiliates may not circumvent the Services and/or fee obligations by providing feedback or other related services to one another other than through the Site or the Services.
8. Warrants, Representations and Restrictions
8.1 You agree not to use the Site or the Services to perform any illegal or fraudulent activity or for solicitation of any such illegal or fraudulent activity. Such use would be a breach of the Terms of Use and would constitute an unlawful use of the Site and the Services. We may, in appropriate circumstances, terminate the accounts of persons who use the Site or Services in a manner that is not allowed under these Terms or any applicable law or regulation.
8.2 For each piece of information, material, feedback or content (including without limitation Feedback and Content) that you provide, upload or submit through the Site or Services (“Materials”), you represent and warrant that:
(a) Rights to Materials: You have the right to submit the Materials to the Site and Services in accordance with the uses set forth in these Terms and grant the licenses herein. All content included in any Materials shall be your own original work, and shall not infringe any third party rights, including, without limitation, intellectual property rights, copyrights, trademarks, service marks, rights of publicity, moral rights, or privacy rights. The Materials are not stolen, illegal or plagiarized. In the event that certain music, video or stock-footage media are incorporated within the Materials, you represent and warrant that you hold a valid license to use such music and/or footage and include them in the Materials. Feedbackity, Content Providers and Feedback Providers will not need to obtain licenses from any third party or pay royalties to any third party with respect to the use of such Materials in accordance with these Terms;
(b) Third Parties: You have obtained appropriate releases (if necessary) from all persons who appear in the Materials;
(c) Non-Acceptable Materials: You will not submit any Material that: (i) violates any applicable law, or that could cause Feedbackity to violate any applicable law, statute, ordinance or regulation; (ii) is sexually explicit or adult-oriented (for example, pornography) or proposes a transaction of a sexual nature; (iii) exploits minors; (iv) is hateful, defamatory, harasses others, violates other’s privacy or is discriminatory or incites hatred against any individual or group; (v) promotes or supports terror or hate groups; (vi) depicts unlawful acts or extreme violence; (vii) provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms; (viii) depicts or encourages cruelty or harm towards oneself or others (ix) promotes fraudulent business schemes or unlawful transactions; or (x) conveys false or misleading information.
(d) General Compliance: The Materials comply with these Terms and all applicable laws and regulations. The Materials are not illegal, hazardous, dangerous or harmful in any way.
8.3 You agree that you have no right to, and specifically agree not to, do the following with respect to the Site or Services, or any part, component or extension of the Site or Services (including its mobile applications): (i) reproduce, duplicate, copy, sell, trade, resell, transfer, adapt, or distribute the Site or Services, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) alter or modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site or services in any manner that is destructive of or could interfere with, disrupt, damage, disable, overburden or impair the Site or the Services (or the servers and networks which are connected to the Site and Services), or interfere with any other users’ enjoyment of the Site or Services or other affiliated or linked websites, material, contents, products and/or services.. You specifically agree not to access (or attempt to access) any of the Services through any automated means. Users also agree not to permit or authorize anyone else to do any of the foregoing.
8.4 You agree that you will not make use of the Site or of any of the Services in a manner that:
(a) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
(b) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; or
(c) advocates or solicits violence, criminal conduct or the violation of any law or the rights of any third party;
8.5 You agree that in your use of the Site and/or Services you will not: (a) publish or post other people’s private and/or confidential information; (b) use an offensive screen name or profile picture; (c) deceive or impersonate any person or organization; (d) harass or stalk any person; (e) harm or exploit minors; distribute “spam” in any form, use misleading metadata, send malicious content or perform any form of “phishing”; (f) collect personal information about others; (g) access another user’s account without permission; (h) use the Site and/ or Services in a manner which violates any relevant law or regulation; (i) provide links to sites that contain content prohibited by this Section or the Terms; or (j) cause others to do any of the above.
8.9 If you come across any content that may violate our Terms or appropriate use of the Site or Services, please contact us immediately at [______@TheFeedbackers.com]. Copyright owners may send Feedbackity a takedown notice if they believe Feedbackity is hosting infringing materials.
8.10 You agree that you are solely responsible for (and that Feedbackity has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Feedbackity may suffer) of any such breach, including without limitation your violation of the restrictions set forth in this Section 8.
9. No Responsibility for Public Disclosure or Use of Creative Content
You realize that by using the Site and Services, and by submitting Projects, there is a considerable risk of your Content being publicly disclosed. Your Content is provided to Feedback Providers over whom Feedbackity has no control. Feedbackity takes no responsibility for the actions of Feedback Providers. Furthermore, despite Feedbackity efforts to keep the Site secure, the use of the internet brings inherent risks of exposure of information and we do not represent that your Content will not be accessed by others. If you are not willing to take the risk of having your Content exposed to the public or otherwise commercialized, you may not use the Services. You hereby waive any claims you may have now or in the future against Feedbackity due to exposure, publication or use of your Content by Feedbackity, a Feedback Provider or any other service provider or affiliate of Feedbackity.
10. Site Materials
10.1 You understand that all information and content (such as data files, written text, graphics, advertisements, music, audio files or other sounds, photographs, videos or other images, links, computer software, scripts, and other interactive features), including without limitation all content and information on the Site or Services, Content, Feedback and any other materials or feedback posted to or existing on the Site or services, which you may view or have access to as part of, or through your use of, the Site and the Services are the sole responsibility of the person from which such content originated. All such information and content are referred to as the “Site Materials”.
10.2 You should be aware that Site Materials presented or available to you as part of or via the Site or the Services may be protected by intellectual property rights which are owned by the third parties who provide those Site Materials. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on these Site Materials (either in whole or in part) unless you are authorized to do so by the owners of the Site Materials.
10.3 You agree that you are solely responsible for (and that Feedbackity has no responsibility to you or to any third party for) any Site Materials that you access, transmit, or display while using the Services or the site and for the consequences of your actions by doing so. You may not submit, post, or display Site Materials that are false, inaccurate, or misleading; that violate the Terms; or that violate any applicable law.
10.4 Except as set forth otherwise in these Terms (including without limitation with respect to Feedback and/or Content):
(a) Feedbackity does not claim ownership rights in your Site Material.
(b) You grant Feedbackity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Site Material, in any media now known or not currently known, with respect to your Site Material.
(c) You agree to allow Feedbackity to store or re-format your Site Material on Feedbackity Site or Services, on third-party websites or platforms, and/or through any other public or private media, and display your Site Material in any way Feedbackity chooses.
(d) You grant Feedbackity such license solely to enable Feedbackity to use any information or Site Material you supply to Feedbackity, so that Feedbackity is not violating any rights you might have in that Site Material.
10.5 By posting Material on the Site, it is possible for an outside website or a third party to copy or re-post that Material. You agree to hold Feedbackity harmless for any dispute concerning this use.
10.6 You understand that by using the Services you may be exposed to Site Materials that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Services at your own risk. Additionally, you understand that the Site Materials you access through the Site may be false, inaccurate, or misleading. Feedbackity does not control the Site Materials provided by users that is made available on the Site or through the Services. Feedbackity is not responsible to censor or edit the Site Material of any third-party, and has no obligation to pre-screen, review, flag, filter, modify, refuse, or remove any Site Material from the Site or the Services. If you are interested in filtering or limiting specific Site Material that you may find objectionable, please use a commercially available filtering service or software to limit access to such Site Material; however Feedbackity does not warrant that such filtering service or software will successfully protect you from viewing content that you may find objectionable or otherwise offensive.
11. Third Party Sites and Resources
11.1 The Site and the Services may include links to third party websites or resources. Feedbackity has no control over, assumes no responsibility for, and does not endorse, the content, services, software, privacy policies, or practices of any third-party websites. By using the Service or the Site, you expressly relieve Feedbackity of any and all liability arising from your use of any third-party website. We therefore encourage you to read the terms and conditions and privacy policy of each website that you visit.
11.2 Your use of any third-party content, services, or software may be subject to separate terms and conditions between you and the company or person concerned. These Terms do not affect nor replace your legal relationship with these third-party providers.
11.3 Furthermore, you acknowledge and agree that Feedbackity is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any Content, services, software, or other materials on, or available from, such websites or resources.
12. Proprietary Rights
12.1 You acknowledge and agree that Feedbackity (or Feedbackity’s licensors) owns all legal right, title and interest in and to the Site and the Services, including any intellectual property rights which subsist in the Site and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
12.2 Nothing in the Terms grants you a right to use any of Feedbackity’s trade names, trademarks, service marks, logos, domain names, graphics, scripts, and other distinctive brand and Site features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site or the Services.
12.3 You agree that in using the Site and the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
12.4 Excluding the Content and Feedback, which shall be treated as otherwise set forth in these Terms, Feedbackity considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or the Services or otherwise (collectively, the “Submissions“) to be non-confidential and non-proprietary, and Feedbackity shall not be liable for the disclosure or use of such Submissions. If, at Feedbackity’s request, any member sends Submissions to improve the site (for example through forums or to customer support), Feedbackity will also consider such Submissions to be non-confidential and non-proprietary and Feedbackity will not be liable for use or disclosure of the Submissions. Any communication by you to Feedbackity is subject to the Terms. You hereby grant and agree to grant Feedbackity, under all of your rights in the Submissions, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Submissions for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
13. Advertisements
The Site and the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content accessed via the Site and the Services. The manner, mode and extent of advertising on the Site and the Services are subject to change without specific notice to you. By using the Site or Services, you agree that Feedbackity may place such advertising on the Site and the Services.
14. Privacy
14.1 As part of your use of the Site and the Services, Feedbackity may obtain your personal information. Feedbackity will use personal information only in accordance with Feedbackity’s Privacy Policy.
Feedbackity stores and processes content on computers that are protected by physical as well as technological security; however, this does not guarantee that a breach of such protection will not occur.
14.2 In addition, as part of a transaction, you may obtain personal information (such as an email address, name, gender, occupation, nationality and other personal information) of another user of the Site or Services, such as information of a Feedback Provider or Content Provider. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Feedbackity-related communications. You will not use any information obtained from the Site or Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, sell to anther user nor to otherwise use or commercialize such information in any manner.
14.3 Information collected by or submitted to third party sites or application providers is governed by their privacy policies. Feedbackity does not exercise control over any third-party sites, applications, or programs.
15. DISCLAIMER OF WARRANTIES
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS.” FEEDBACKITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND NON-INFRINGEMENT.
15.2 FEEDBACKITY NEITHER WARRANTS NOR REPRESENTS TO YOU THAT: (A) YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE CORRECTED.
15.3 ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. FEEDBACKITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION, FEEDBACK, CONTENT AND ANY OTHER CONTENT OR INFORMATION OR MATERIALS), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING WITHOUT LIMITATION, FEEDBACK, CONTENT AND ANY OTHER CONTENT OR INFORMATION OR MATERIALS) MADE AVAILABLE VIA THE SITE OR THE SERVICES. FEEDBACKITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FEEDBACKITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15.4 ANY CONTENT OR MATERIAL UPLOADED TO THE SITE OR SERVICES IS DONE AT YOUR OWN RISK. YOU UNDERSTAND THAT CONTENT UPLOADED TO THE SITE MAY BE HACKED, ACCESSED BY THIRD PARTIES OR OTHERWISE LEAKED TO THE PUBLIC. FEEDBACKITY DISCLAIMS ALL WARRANTIES RELATING TO THE PROTECTION OF SUCH CONTENT FROM EXPOSURE TO THE PUBLIC AND TAKES NO RESPONSIBILITY FOR SUCH OCCURENCES. YOU UNDERSTAND THAT BY UPLOADING OR SUBMITTING YOUR CONTENT TO THE SITE OR SERVICES IT MAY BECOME PUBLICLY AVAILABLE. FURTHERMORE, YOU UNDERSTAND THAT FEEDBACKITY HAS NO CONTROL OVER ACTIONS TAKEN BY FEEDBACK PROVIDERS AND HAS NO RESPONSIBILITY FOR ANY ACTIONS THEY MAY PERFORM, INCLUDING EXPOSING YOUR CONTENT IN A PUBLIC MANNER OR OTHERWISE COMMERCIALIZING YOUR CONTENT. BY UPLOADING YOUR CONTENT AND USING THE SITE OR SERVICES YOU UNDERSTAND THESE RISKS AND HEREBY RELIEVE FEEDBACKITY OF ANY LIABILITY OR RESPONSIBILITY WITH RESPECT THERETO.
16. DISCLAIMER OF LIABILITY
16.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE AND BENEFITTING FROM THE SERVICES AT YOUR OWN RISK. FEEDBACKITY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR FEEDBACK, INFORMATION, MATERIALS OR ANY OTHER GOODS OR SERVICES THAT YOU PURCHASE, OFFER, SELL OR OTHERWISE RECEIVE THROUGH THE SITE OR THE SERVICES.
16.2 IN NO EVENT SHALL FEEDBACKITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, LOSS OF DATA, AND COSTS OF RECOVERY), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILTIY INCLUDES ANY LOSS OR DAMAGE RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION, FEEDBACK, CONTENT AND ANY OTHER CONTENT OR INFORMATION OR MATERIALS), (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICES, (III) ANY CHANGES WHICH FEEDBACKITY MAY MAKE TO THE SITE OR THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR THE SERVICES (OR ANY FEATURES WITHIN THE SITE OR THE SERVICES), (IV) THE LEAKING, PUBLISHING OR ANY OTHER FORM OF PUBLIC DISCLOSURE OF THE CONTENT THROUGH THE SITE OR SERVICES, (V) THE DISCLOSURE, COMMERCIALIZATION OR USE OF THE CONTENT BY A FEEDBACK PROVIDER OR CONTENT PROVIDER (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEEDBACKITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
16.3 YOU SPECIFICALLY ACKNOWLEDGE THAT FEEDBACKITY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ENGAGED IN BY YOU OR ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16.4 THE LIMITATIONS ON FEEDBACKITY’S LIABILITY TO YOU IN THIS PARAGRAPH 16 SHALL APPLY WHETHER OR NOT FEEDBACKITY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Feedbackity, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) any Content, Feedback, Submissions, Site Materials or anything else you submit through the Services or the Site; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your violation of any law or regulation; or (v) your use or provision of the Site or Services. This defense and indemnification obligation will survive these Terms and your use of the Site and the Services.
18. General
18.1 The Terms constitute the entire agreement between you and Feedbackity concerning the Site and the Services and govern your use of the Site and the Services.
18.2 You and Feedbackity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
18.3 You agree that if Feedbackity does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Feedbackity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Feedbackity’s rights and that those rights or remedies will still be available to Feedbackity.
18.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.5 You agree that: (i) the Site and the Services shall be deemed to be based solely in Israel; and (ii) the Site and the Services shall be deemed a passive vehicle that does not give rise to personal jurisdiction over Feedbackity, either specific or general, in jurisdictions other than Israel. The Terms, and your relationship with Feedbackity under the Terms, shall be governed by the laws of the State of Israel without regard to its conflict of laws provisions.
18.6 Binding Arbitration. You hereby agree that any dispute that arises in relation to the Site or the Services, except for claims for injunctive or equitable relief or claims regarding intellectual property rights, shall be exclusively resolved through binding arbitration conducted in Tel Aviv, Israel, pursuant to applicable Israeli law and regulations. The arbitrator selected shall not be bound by the rules of Israeli civil procedure, but will be otherwise bound by applicable Israeli substantive law. Arbitration proceedings shall be conducted in the English language. Subject to this arbitration provision, you submit to the exclusive jurisdiction of the competent court in Tel Aviv-Jaffa, Israel, in any action or proceeding arising out of or relating to these Terms of Use.
18.7 YOU AND FEEDBACKITY AGREE THAT ANY CAUSE OF ACTION 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.
18.8 Force Majeure. In the event that the Services or performance of any act are delayed or hindered or prevented by reason of strikes, lock-outs, labor troubles, inability to procure materials or services, failure of power, riots, insurrection, war, mud-slide, fire, earthquake, tsunami, pandemic or other similar reasons of a like nature not the fault of Feedbackity the performance of such Service or act shall be excused for the period of the delay and the period for the performance of any such Service or act shall be extended for a period equivalent to the period of such delay.
18.8 Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.