WiseStamp Ltd. and its affiliates d/b/a WiseBrand (“WiseBrand”, “we”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our online platform operating under the name “WiseBrand” via the websites http://www.wisestamp.com, http://wiseintro.co, http://kick.wisestamp.com, https://swag.wisestamp.com, http://sign.wisestamp.com and http://dashboard.wisestamp.com, and which offers services that enable you to brand and market your business (the “Site(s)”, and collectively the “Platform”). Our Sites may also offer basic information regarding our Company and our services (“Service(s)” as further detailed below). Each of the Site’s Users may use the Sites and the Platform in accordance with the terms and conditions hereunder.
Acceptance of the Terms
The Platform and Sites are available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Platform and/or the Sites shall obligate your organization.
The Platform, the Sites and the Services
The Platform is comprised of various individual services, to be used together or separately, offering you a unique, smart way of interacting with your customers and audiences while letting you easily promote and market yourself and your business in just a few clicks. Such services include the following:
- “WiseStamp” ( http://www.wisestamp.com) – enables you to design and customize your emails with a unique signature (“Signature”) integrated with your very own personal content and/or content by WiseBrand or its affiliated third parties. You may also integrate content from your social network accounts into your Signature (e.g. you Facebook status, YouTube uploads, etc.).
- “WiseIntro” ( http://wiseintro.co) – enables you to create, edit and promote your own personal webpage and make it quickly come alive (“Personal Website”). Such website may be created independently by you or automatically by the Platform based on the information contained in your Signature.
- “WiseKick” ( http://kick.wisestamp.com) – enables you to automatically promote your webpage on search-engines and local directories in order to generate leads for your business.
- “WiseCard” – enables you to easily choose from a variety of templates, create and order your own business card (“Business Card”).
- “WiseSwag” ( https://swag.wisestamp.com) – enables you to promote and market your business by choosing from a variety of templates and ordering your very own customized swag (e.g. t-shirts, pens, mugs, etc.) “)Swag”).
- “WiseStats” ( http://dashboard.wisestamp.com) – enables you to gain control over your business by understanding the different statistics relating to our Services, such as number of sent e-mails, most popular contacts, number of visitors in your webpage and more.
- “WiseSign” ( http://sign.wisestamp.com) – enables you to easily sign documents as well as get your documents signed by others.
Collectively, the creations you may produce by using our Platform (i.e. your Signatures, Personal Websites, Swag and Business Cards) shall be referred to as “Branding”.
The Sites provide you with access to the Platform’s services and comprehensive information regarding, inter-alia, the Services, the Platform, the product’s concept, news regarding the Company, job opportunities and so forth, including any other content related to the Platform such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Sites, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform and/or the Sites (collectively, the “Content”).
The Services may include the sending of push-notifications, messages, emails and alerts via various means of communication. In addition, the Services may include third party advertisements and/or commercial content.
(collectively, the “Service(s)”)
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE PLATFORM AND/OR SITES ARE RESERVED TO WISEBRAND OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WISEBRAND WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SERVICES AND/OR THE PLATFORM AND/OR THE SITES AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
Registration and User Account
You may not have more than one (1) active Account, which may be used by one (1) individual only. Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
- You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to email@example.com . We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.
If you wish to either change your log-in details, or cancel and remove your Account, please refer to http://www.Wisestamp.com/manage. Your Account on the Platform will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Your account enables you to access all of the Platform’s services, as mentioned and defined above. No separate registration will be needed or will be available, to each and every product.
Our WiseStamp, WiseIntro, WiseKick, WiseSign and WiseStats services are offered free of charge. However, some of the features of such services are provided solely to Users who have opted to subscribe to a premium account which is subject to either a monthly or yearly fee (“Premium Account”). The fees and terms relating to such Premium Account are listed on the pricing page of each of the Sites.
We also offer a corporate solution for our WiseStamp service, which allows businesses create centrally-managed, consistent branding across their organization (“Corporate Account”). For more details regarding Corporate Accounts, please refer to http://www.wisestamp.com/corporate.
Our WiseSwag and WiseCard services are intended for the purchase of goods and services from our Third Party Service Operators (as defined under section 7 below). In addition to the terms stipulated herein, purchases of such goods and services are subject to the pricing and terms detailed in the applicable pages of the WiseSwag and WiseCard Sites.
Please note that the subscriptions to Premium Accounts and/or Corporate Accounts operate with automatic renewal, on a recurring-fees basis, therefore WiseBrand will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using the payment method we have on file. Any termination of such subscriptions is subject to the payment of the applicable rate for the preceding month. All fees and other amounts paid under these Terms are nonrefundable.
SOME OF THE SERVICES AVAILABLE THROUGH OUR PLATFORM ARE PROVIDED TO YOU BY OUR AFFILIATED THIRD PARTY SERVICE OPERATORS (AS DEFINED UNDER SECTION 7 BELOW). USING SUCH SERVICES MAY INCUR ADDITIONAL CHARGES NOT INCLUDED IN OUR PREMIUM ACCOUNT OR CORPORATE ACCOUNT SUBSCRIPTION FEES. PLEASE NOTE THAT PAYMENT FOR TRANSACTIONS YOU CONDUCT WITH THIRD PARTY SERVICE OPERATORS MAY BE PROCESSED BY WISEBRAND OR BY SUCH THIRD PARTY SERVICE OPERATOR DIRECTLY, AS APPLICABLE. FOR MORE INFORMATION REGARDING OUR THIRD PARTY SERVICE OPERATORS, PLEASE REFER TO SECTION 7 (THIRD PARTY SERVICE OPERATOR) BELOW.
The WiseBrand Add-on
In order to provide you with the Services WiseBrand may require that you install a software add-on, available through the Sites (e.g. for the purpose of automatically incorporating your Signature into your emails) (the “Add-on”). The type of Add-on may vary depending on the type of web-browser you use, your email client and the device you use in order to enjoy the Services. Please note that the Add-on is an integral part of WiseStamp, therefore wherever reference is made to the WiseStamp herein, the Add-on is referred to as well.
WiseBrand hereby grants you a non-exclusive, non-transferrable, revocable and free license to use the Add-on for the sole purpose of using the Services. WiseBrand reserves the right to modify or discontinue, temporarily or permanently, the Add-on, at its sole discretion, without notice and at any time.
The following terms apply to your Incorporated Content:
- You represent and warrant that you are the rightful owner of the Incorporated Content you integrate into the Branding or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such Incorporated Content and that such Incorporated Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
- THE INCORPORATED CONTENT THAT YOU INTEGRATE INTO YOUR BRANDING MAY BE PUBLICLY AVAILABLE TO OTHERS WHOM YOU CHOOSE TO SHARE YOUR BRANDING WITH; AND, THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.
- You understand and agree that you are solely responsible for your Incorporated Content and the consequences of incorporating it into your Branding. WiseBrand will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with integration of any Incorporated Content.
- You agree that you will not incorporate into your Branding any Incorporated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for WiseBrand to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
- Although WiseBrand has no obligation to screen, edit or monitor any of the Incorporated Content, WiseBrand explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any Incorporated Content at any time and for any reason.
- WiseBrand may create limits on the use of the Service including limitation on size and storage space available for Users to use Incorporated Content.
- As long as your Incorporated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your Incorporated Content. However, when you incorporate and make available any Incorporated Content via the Platform, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to communicate, distribute, host, reproduce and make modifications or derivative works (solely for the purpose of better showcasing your Incorporated Content), store and use such Incorporated Content, solely in connection with providing you the Services.
- WISEBRAND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY INCORPORATED CONTENT UPLOADED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY VIA THE SERVICES, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES.
Third Party Services
- Some of the Services, namely WiseSwag and WiseCard, are provided by our third party authorized service providers (“Third Party Service Operator(s)”).
- IMPORTANT: USING THIRD PARTY SERVICE OPERATORS’ SERVICES MAY INCUR ADDITIONAL CHARGES NOT INCLUDED IN OUR SUBSCRIPTION FEES AND SUCH PAYMENT FOR TRANSACTIONS YOU CONDUCT WITH THIRD PARTY SERVICE OPERATORS MAY BE PROCESSED BY WISEBRAND OR BY SUCH THIRD PARTY SERVICE OPERATOR DIRECTLY, AS APPLICABLE.
- Note that use of Third Party Service Operators’ tools and services is voluntary and you may decide not to use such services or tools and/or to opt-out of and/or not register with Third Party Service Operators.
- Additionally, note that any engagement you may have with Third Party Service Operators and/or use of Third Party Service Operators’ tools and services offered via the Platform is made at your own risk and responsibility and WiseBrand shall bear no responsibility or liability for your use of such service.
OTHER THAN AS EXPRESSLY STATED HEREIN, WISEBRAND IS NOT A PARTY TO ANY TRANSACTION CONDUCTED WITH THIRD PARTY SERVICE OPERATORS VIA THE PLATFORM, AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE GOODS OR SERVICES THAT MAY BE AVAILABLE BY THIRD PARTY SERVICE OPERATORS, EVEN WHERE THE TRANSACTION WAS PROCESSED BY WISEBRAND. THUS WISEBRAND DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OF THOSE GOODS OR SERVICES.
IN ADDITION, ALL GOODS AND SERVICES OFFERED BY THIRD PARTY SERVICE OPERATORS VIA THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS, DEALS AND/OR COMMODITIES OFFERED, IS SUPPLIED TO WISEBRAND BY THE RELEVANT THIRD PARTY SERVICE OPERATOR, IS NOT VERIFIED BY WISEBRAND AND DOES NOT BIND WISEBRAND IN ANY FORM. IN ANY CASE WHERE SUCH INFORMATION PROVIDED VIA THE PLATFORM CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE RELEVANT THIRD PARTY SERVICE OPERATOR DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH THIRD PARTY SERVICE OPERATOR DIRECTLY SHALL PREVAIL.
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at WiseBrand’s sole discretion) in the termination of your Account and use of the Platform and/or Sites and/or Content and/or Incorporated Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by WiseBrand, you may not (and you may not permit anyone to): (a) use the Platform and/or Sites and/or the Content and/or Incorporated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Sites and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Platform and/or Sites any restrictions and signs indicating proprietary rights of WiseBrand or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform and/or Sites or the servers or networks that host the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform and or Sites; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content and/or Incorporated Content made accessible by WiseBrand on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to WiseBrand’s proprietary rights, including WiseBrand’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or Incorporated Content on any other website or networked computer environment for any purpose without WiseBrand’s prior written consent; (l) create a browser or border environment around WiseBrand Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Platform and/or Sites and/or the Services and/or Content and/or Incorporated Content; (n) frame or mirror any part of the Platform and/or Sites without WiseBrand’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Platform; (p) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Service for any purpose for which it is not intended; and/or (s) provide WiseBrand with false Personal Information or payment method; (t) and/or infringe and/or violate any of the Terms.
Contacting us via the Platform
In order to contact us and use the Platform, you will need to send us an email of your inquiry and contact information to firstname.lastname@example.org.
Intellectual Property Rights
The Platform, the Sites, the Content, the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trademarks, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to WiseBrand (“Feedback”), WiseBrand shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WiseBrand current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require WiseBrand to comply with any additional obligations with respect to any WiseBrand current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade names
WiseBrand’s marks and logos and all other proprietary identifiers used by the Company in connection with the Platform (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
WiseBrand respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to WiseBrand Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit WiseBrand to locate the material; (iv) information so that WiseBrand can contact you, such as address, telephone number and email address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. WiseBrand Copyright Agent can be reached at: email@example.com.
WiseBrand has the sole discretion to restrict and/or terminate access to the Service of Users who are deemed to be repeat infringers of third party’s copyright works.
Linking to and from WiseBrand’s Sites
We welcome links to any page on our Sites. You are free to establish a hypertext link to the Sites so long as the link does not state or imply any connection or approval of your website, products and/or services by WiseBrand, and does not portray WiseBrand in a false or otherwise offensive manner. You may not link to our Sites from a site that you do not own or have permission to use. In the event that you link to WiseBrand’s Sites you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Platform and Platform’s availability and functionality depends on various factors, such as communication networks. WiseBrand does not warrant or guarantee that the Sites and/or Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WISEBRAND, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “WISEBRAND’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITES, THE PLATFORM AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITES, THE PLATFORM AND/OR CONTENT, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITES, THE PLATFORM AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE PLATFORM (INCLUDING THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS). WISEBRAND AND WISEBRAND’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITES AND/OR THE PLATFORM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITES AND/OR THE PLATFORM.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET, SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
OTHER THAN AS EXPRESSLY STATED HEREIN, WISEBRAND IS NOT A PARTY TO ANY TRANSACTION CONDUCTED WITH THIRD PARTY SERVICE OPERATORS VIA THE PLATFORM, AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE GOODS OR SERVICES THAT MAY BE AVAILABLE BY THIRD PARTY SERVICE OPERATOR. THUS WISEBRAND DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OF THOSE GOODS OR SERVICES. IN ADDITION, ALL GOODS AND SERVICES OFFERED BY THIRD PARTY SERVICE OPERATORS VIA THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS, DEALS AND PRODUCE AND COMMODITIES OFFERED, IS SUPPLIED TO WISEBRAND BY THE RELEVANT THIRD PARTY SERVICE OPERATOR, IS NOT VERIFIED BY WISEBRAND AND DOES NOT BIND WISEBRAND IN ANY FORM. IN ANY CASE WHERE SUCH INFORMATION PROVIDED VIA THE PLATFORM CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY RELEVANT THIRD PARTY SERVICE OPERATOR DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH THIRD PARTY SERVICE OPERATOR DIRECTLY SHALL PREVAIL.
YOU AGREE THAT USE OF THE SITES, THE PLATFORM AND/OR CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL WISEBRAND, INCLUDING WISEBRAND’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICE, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITES, THE PLATFORM AND/OR CONTENT, YOUR USE OR INABILITY TO USE THE SITES, THE PLATFORM AND/OR CONTENT AND/OR THE FAILURE OF THE SITES AND/OR THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF WISEBRAND TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF WISEBRAND OR WISEBRAND’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WISEBRAND OR WISEBRAND’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, WISEBRAND’S AND WISEBRAND’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO WISEBRAND FOR USE OF THE PLATFORM OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM WISEBRAND’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless WiseBrand, including WiseBrand Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
WiseBrand may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Sites and/or will send you an email (to the extent that you provided us with such email address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Sites or sent via email, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of these Terms, Termination or Suspension of your Account, and the Termination of the Platform’s operation
WiseBrand may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, delete any information or Content from the Sites and/or Platform or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that WiseBrand does not assume any responsibility with respect to, or in connection with the termination of the Platform’ operation and/or termination or suspension of your Account and/or loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith WiseBrand may immediately temporarily or permanently limit, suspend or terminate your use of the Platform and/or deny access to your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by exiting our Platform and Platform and stopping your use thereof and/or sending an email to: firstname.lastname@example.org and this will be you sole remedy in such circumstances.
We note that we can suspend access to the Sites and/or Platform and/or your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account ; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of WiseBrand, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; (f) if you, at our sole discretion, determined as a repeat infringer (a User who has been notified of infringing activity more than twice); and/or (g) we are required to by law. We may, but are not obligated to, provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Upon termination of these Terms for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Sites and/or Platform and so certify to WiseBrand if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Use Restrictions, Intellectual Property, Trademarks and Trade names, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Services or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Sites and/or Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, WiseBrand may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by WiseBrand, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to email@example.com.