Last Revised: May 15, 2016
All Aspect (“All Aspect”, “we” or “us”) welcome you (“User” or “you”) to our website at www.allaspect.com (the “Site”). Users of the Site may use the Site in accordance with the terms and conditions here under.
- Acceptance of the Terms
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Terms may be revised and updated from time to time, with or without any notice.
All Aspect shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially.
All Aspect urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time.
You can review the most current version of the Terms at any time at: www.allaspect.com.
- The Service
The Site provides Users information regarding Allaspect’s services, technology and solutions. Allaspect’s cutting edge technology allowing its customers to optimize their advertising campaigns in accordance with the Terms as well as in accordance with any specific agreement made with you. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK
- User Representations and Undertakings
As a condition for your use of the Site, you hereby represent and warrant that:
You will not infringe or violate any of the terms and conditions of the Terms;
You possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms and to fully perform your obligations hereunder;
The execution of these Terms does not and will not violate any other binding agreement under any applicable law, to use the Site in accordance with these Terms and to fully perform your obligations hereunder; agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- Use Restrictions
There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Infringe or violate any of the Terms.
Use the Site and/or any interactions therein for any illegal, unlawful or unauthorized purposes.
Use the Site in any form of spam, unsolicited mail or similar conduct.
Interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Site and retrieve, index and/or data-mine any information.
Interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks.
Post, publish, or otherwise make available through the Site, any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Impersonate any person or entity or provide false information on the Site, whether directly or indirectly.
Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that All Aspect or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Site.
Transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
Bypass any measures we may use to prevent or restrict access to the Site.
Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site in any way, unless permitted hereunder.
- Intellectual Property
The Site and the Intellectual Property rights pertaining thereto, (“Intellectual Property”), are owned and/or licensed to All Aspect and subject to copyright and other applicable intellectual property rights under Israel laws, foreign laws and international conventions. You may not 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, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Allaspect’s proprietary rights, including Allaspect’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. Permission is granted to download and print materials from the Site for the sole purposes of viewing, reading and retaining for reference and not for commercial use whatsoever. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of All Aspect, including copyright mark [©] or trademark [® or ™], and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Allaspect’s marks and logos, whether registered or not.
- Trademarks and Trade names
“All Aspect” and all logos and other proprietary identifiers used by All Aspect in connection with the Site (“All Aspect Trademarks”) are all trademarks and/or trade names of All Aspect, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to All Aspect Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to All Aspect Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
- Links to Third Party Websites
The Site availability and functionality depends on various factors, such as communication networks, software, hardware and All Aspect’s service providers and contractors. All Aspect does not warrant or guarantee that the Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to The Site
All Aspect may change the Site content, layout and design from time to time, and the availability of the Site, without giving any prior notice. You hereby agree and acknowledge that All Aspect is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
- Disclaimer and Warranties
ALL ASPECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SITE OR THE SOLUTIONS FEATURED ON THE SITE, INCLUDING IN CONNECTION WITH ANY TAX OR LAWS AND REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS. THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, PRODUCTS, MARKETING MATERIALS AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL ASPECT AND THE ALL ASPECT AFFILIATES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE. ALL ASPECT DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE. THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER ALL ASPECT NOR THE ALL ASPECT AFFILIATES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.ALL ASPECT DOES NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; ALL ASPECT MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
- Limitation of Liability
IN NO EVENT SHALL ALL ASPECT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER “ALL ASPECT’ AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, USE OR INABILITY TO USE THE SITE, FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF ALL ASPECT TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ALL ASPECT BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF ALL ASPECT’S AFFILIATES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION MAY BE BROUGHT BY USER FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO USER.THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR ALLASPECT’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
You agree to defend, indemnify and hold harmless Allaspect’s Affiliates 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 of the Site; (ii) your violation of any term 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; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms. You further agree to indemnify, defend and hold All Aspect harmless from any and all expenses, costs and damages, including attorney’s fees, for any claims for bodily injury, death or other damage arising out of the use or operation of the Site.
- Amendments to the Terms
- You hereby agree and acknowledge to accept and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use the Site after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
16.1. 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. 16.2. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, Allaspect’s advertising, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles. 16.3. You expressly consent, and submit to the exclusive jurisdiction of and stipulate that venue shall be in the court of competent jurisdiction located in City of Tel Aviv, Israel for the adjudication or disposition of any claim, action or dispute arising directly or indirectly out of this Agreement or the Site. You further waive any objection to jurisdiction and venue of any
action instituted hereunder, and further agrees not to assert any defense based on lack of jurisdiction or improper venue, including forum non convenience and agree that process may be served in a manner authorized by applicable law or court rule. YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR ANY RELATED TRANSACTION DOCUMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION OR ENFORCEMENT THEREOF. YOU AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT ALL ASPECT WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THESE TERMS.
16.4. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. 16.5. 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. 16.6. The provisions of the, Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcomed to send us an email or otherwise contact us to the following address and we will make an effort to reply within a reasonable time frame:firstname.lastname@example.org