Accessily Website and Platform Terms of Service
Last Revised: January 01, 2020
Accessily Ltd. ("Accessily", "we", "our", "Company") welcomes you (the "User(s)", or "you") to our website at: https://accessily.com/ (the "Site") and to our on-line marketplace platform that enables Users to publish guest posts on quality, high traffic websites (the "Platform") The Site, the Platform and any additional functionalities and services related thereto shall be referred to herein as the “Service(s)” (as further specified below). You may use the Service and/or the Site in accordance with the terms and conditions hereunder. The term “User” or “you” refers to (i) users visiting the Site; (ii) the Buyer(s) (as such term is defined below); and/or (as applicable) (iii) the Seller(s) (as such term is defined below).
Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICE.
The Services are available only to individuals who (a) are at least eighteen (18) 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. Therefore, 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 Site in accordance with these Terms, and to fully perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of any third party, you hereby represent that such third-party was made aware of these Terms and that you possess all required consent and/or permissions to use this Service on behalf of and/or for the benefir of such third party . For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
Our Site available at https://accessily.com/ provides you with information regarding Accessily and our Services. The Site includes a link to the Platform's log-in page.
Our Platform is available to Users who have opened an Account (as further detailed below) and will be made available to Users through a cloud based dashboard (the "Dashboard").
Accessily is an online marketplace platform that enables companies and/or organizations that wish to increase their on-line traffic and exposure ("Buyer(s)") to purchase content, posts and/or articles ("Post(s)") that a provided and created by individuals ("Seller(s)"), based on a criteria chosen by the Buyer (and or by Accessily, acting on your behalf), such as what are the websites Buyer in interested in publishing such Posts ("Properties").
The process is as follows:
Buyer places an order, which includes certain criteria pertaining to potential Posts, based on Dashboard's filters (such as the requested Properties, the Seller, the topic of the potential Post and etc.) (the "Order").
Upon the completion of the Order process, the Buyer will be required to pay the applicable fees as detailed below. Such sums will be kept by Accessily and transferred to the Seller upon the successful publication of the Post. "Successful publication" shall occur to the extent that the Post is published in accordance with the terms and criteria stipulated in the Order. Seller hereby agrees that if the Post was not published in accordance with all criteria stipulated in the Order, then this will not be considered as a "successful publication" and the Seller will not be entitled to any payment (and the fees transferred to Accessily by the Buyer for such services shall be refunded to the Buyer's Accessily Account).
The Order will be sent to the applicable Seller, for his approval. If the Seller is unable to provide the required services in accordance with the terms stipulated in the Order, the Order will be declined and the fees will be refunded to the Buyer's Accessily Account.
Upon the successful publication of the Post, a notice of publication will be issued to the Buyer, ratifying the publication of the Post, in accordance with the terms agreed in the Order ("Notice of Publication").
Buyers have the option to use our full managed campaign service ("Campaign Service"). Under such services, the Buyer shall set a monthly budget, while Accessily will be responsible for finding Sellers who will publish Posts on Properties, all at Accessily sole discretion and choice, based on the monthly budget approved by the Buyer. The applicable fees shall be paid on a monthly basis. NO REFUNDS SHALL BE PROVIDED FOR THE USE OF THE CAMPAIGN SERVICES.
PLEASE NOTE THAT PRICES FOR POSTS MAY VARY AND IT IS YOUR RESPONSIBILITY TO PERIODICALY CHECK THE PRICES PUBLISHED ON THE SITE. FOR CAMPAIGN SERVICES, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO EXCEED THE MONTHLY BUDGET, UP TO 50% OF SUCH BUDGET PER MONTH.
The Site and/or the Platform may include any other content related thereto such as contact information, videos, text, 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 Site and/or Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content”). In addition, we may offer you updates via e-mail regarding any of our products, developments, and etc.
(Collectively: the “Service(s)”)
Registration and User account on The Site
You have to register and open a User Account in order to use the Platform (whether as a Buyer or a Seller) (the "Account"). The registration is free of charge. Registration can be done by completing the registration form on the Site dashboard.accessily.com/register) or by using a personal social network account (namely, Facebook, Google, Twitter or Instagram, collectively ("Social Network Accounts").
You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.
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 you may be exposed 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 Famous. You must notify us immediately of any unauthorized use of your Account or any other breach of security. 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 credentials or Account or any other breach of security.
CANCELLING 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.
Registered Users can interact with each other through private chat features ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
As a provider of such Interactive Areas, Accessily is not liable for any statements, representations or content provided by its Users in such Interactive Areas and 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 the Interactive Areas.
You represent and warrant that you are the rightful owner of the content you transmit via the Interactive Areas and that such content does not infringe any third party's intellectual property rights, privacy rights or publicity rights.
You expressly agree that the content transmitted via the Interactive Areas will not include any unsolicited promotions, advertising, contests or raffles or any 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 Accessily 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).
Fees and payments
The fees for the Service are specified in the Site. Payments are currently accepted and processed solely in U.S Dollars.
Fee rates may be amended from time to time by Accessily at its sole discretion. If you do not agree to an updated fees schedule, you may terminate your use of the Service before the new fees are entered into effect.
Payment shall be made by the Buyer upon the completion of an Order. Such payment will be held by the Online Payment Services' provider until the successful publication of the Post in the applicable Properties, in accordance with the terms specified in the Order. Once a Notice of Publication has been provided to Buyer, we will instruct the Online Payment Processors to deliver the Payment to the Seller, deducting any applicable fees and sums owed to the Online Payment Processors and/or Accessily for providing the Service.
You, as a User of our Site, may not offer to or receive payment from other Users using any method other than through the Service. You, as the Buyer, may not pay Sellers directly and you, as the Buyer, may not accept such payment. In case you have been asked to use an alternative payment method, please report it to us immediately.
You may not cancel Orders once they have been submittedfinally approved by the Seller(s) and no refunds will be made under these circumstances. Refunds will be transferred to your Accessily Account, upon the receipt from Accessily, a written notice of rejection, according to which a successful publication did not accrued in accordance with the Order. Notwithstanding the above-mentioned, tThe Seller and/or Buyer has the ability to cancel the order Order only in the case of force majeure or unforeseeable circumstanceevent. If an order has been cancelled due to force majeure eventor unforeseeable circumstance the payment will be returned to the Buyer's credit card and/or bank account from which payment was made. OTHER THAN WITH RESPECT TO FORCE MAJEURE EVENTS, IN WHICH REFUNDS WILL BE MADE TO YOUR CREDIT CARD/BANK ACCOUNT FROM WHICH PAYMENT WAS MADE, IN ALL OTHER CIRCUMSTANCES FOR WHICH YOUR ARE ELIGABLE FOR REFUND (AS STIPULATED HEREIN), REFUNDS WILL BE MADE SOLELY TO YOUR ACCESSILY ACCOUNT.
Notwithstanding the above, no refund shall be made for the use of the Campaign Services.
There are certain conducts, which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Accessily's sole discretion) in the termination of your use of the Service and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms: (a) use the Service and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Service and/or Content for non-personal or commercial purposes without Accessily's express prior written consent; (c) remove or disassociate, from the Content and/or the Platform and/or the Site any restrictions and signs indicating proprietary rights of Accessily's and/or its licensors and/or affiliates, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (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 and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or Platform or the servers or networks that host the Platform and/or Site, 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 site or app, your business or any statement you make, or present false or inaccurate information about the Service; (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 Site and/or the Platform; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Accessily on or through the Site and/or Platform, 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 Accessily's proprietary rights, including Accessily's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other app and/or site and/or networked computer environment for any purpose without Accessily's prior written consent; (l) create a browser or border environment around Accessily's Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Platform and/or Content; (n) frame or mirror any part of the Site and/or Platform without Accessily's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or Platform; (p) transmit or otherwise make available in connection with the Site and/or Platform 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 the Service is not intended (r) infringe and/or violate any of the Terms.
Intellectual Property Rights
The Site, the Platform, the Content, Accessily's proprietary software and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned and/or licensed to Accessily, and subject to copyright and other applicable intellectual property rights under United States 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 Accessily's proprietary rights, including Accessily'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. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Accessily or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content, and you represent and warrant that you will abide by all applicable laws in this respect.
Intellectual Property Rights related to the Posts
By offering and selling Posts, you, as the Seller, acknowledge and agree that such Posts do not infringe any third party rights and that you have the full power, title, licenses and authority to transfer to the Buyer the entire right and interest in and to such Post. Subject to delivery of full payment to Seller, the Seller hereby assigns and transfers to Buyer, without additional consideration other than the consideration delivered to the Seller for the Posts, the entire right, title and interest that the Seller may have in and to the Post. Other than with respect to the credit included in the Post as published in the Properties, the Seller hereby waive all past, present and future claims relating to any moral rights, artists’ rights, or any other similar rights worldwide in or to the Posts. The Seller hereby represents that he/she shall perform diligently, professionally, conscientiously and consistent with a high level of quality and performance.
Trademarks and Trade names
"Accessily" and all logos and other proprietary identifiers used by Accessily in connection with the Service (“Accessily Trademarks”) are all trademarks and/or trade names of Accessily, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Accessily 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 Accessily Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
The Terms do not convey to you an interest in or to the Accessily's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Accessily’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Accessily regarding the Service (“Feedback”), Accessily shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Accessily's current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example LinkedIn etc.) ("Social Features").
Linking to Accessily's Site and Links to Third Parties' Websites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Accessily, and does not portray Accessily in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Accessily's Site 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.
Certain links provided herein permit our Users to leave the Site and enter non-Accessily websites or services, including Accessily's social networks pages, which are provided solely as a convenience to you. These linked websites and services are not under the control of Accessily and it is not responsible for the availability of such external websites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained therein. In addition, Accessily is not responsible or liable for such linked websites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such websites and/or services and/or content and your dealings with such third parties are at your sole risk and expense. Accessily reserves the right to terminate any link at any time. You further acknowledge and agree that Accessily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked s or resource.
The Site and/or Platform availability and functionality depend on various factors, such as communication networks. Accessily does not warrant or guarantee that the Site and/or Platform will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Changes to The Site and/or Service
Accessily reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Accessily shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the Service or the Content included in this Site.
Disclaimer and Warranties
ACCESSILY 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 SERVICE FEATURED ON THE PLATFORM.
THE SITE AND/OR PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN "AS IS" 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, INCLUDING WITHOUT LIMITATION, THE QUALITY OF SERVICES AND/OR POSTS PROVIDED BY THE SELLERS. ACCESSILY DISCLAIMS AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE AND/OR PLATFORM. ACCESSILY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE. THE USE OF THE SITE AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK AND ACCESSILY SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
ACCESSILY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "ACCESSILY'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.
ACCESSILY DOES NOT WARRANT THAT THE OPERATION OF THE SITE AND/OR PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; ACCESSILY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR PLATFORM AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES ON THIS SITE WITHOUT ANY NOTICE TO YOU.
ACCESSILY DOES NOT HAVE ANY LEGAL OBLIGATION OR LIABILITY THAT MAY APPLY TO THE SELLERS OR BUYERS AND/OR TO ANY TRANSACTION YOU MAY CONDUCT WITH OTHER USERS.
ACCORDINGLY, ACCESSILY HAS NO CONTROL OVER OR RESPONSIBILITY FOR POSTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY AND ACCURACY OF THESE POSTS, OR SERVICES.
USERS SHOULD EXERCISE NO LESSER DEGREE OF CAUTION IN ENTERING INTO TRANSACTIONS WITH OTHER USERS THAN THEY WOULD WHEN ENTERING INTO A SIMILAR TRANSACTION OFFLINE.
IN CASE OF A DISPUTE BETWEEN USERS OF THE SERVICE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ACCESSILY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE ACCESSILY AND ACCESSILY'S REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICE.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE AND/OR PLATFORM, INCLUDING THE PURCHASE AND USE OF ANY POSTS FROM ANOTHER USER IS ENTIRELY AT YOUR OWN RISK.
You (on behalf of your organization) agree that Accessily may identify your organization as a user of the Services and use your organization's trademark and/or logo (i) in sales presentations, promotional/marketing materials and press release, and (ii) in order to develop a brief customer profile for use by Accessily for promotional purposes.
Limitation of Liability
IN NO EVENT SHALL ACCESSILY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND 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 AND/OR SERVICE AND/OR THE CONTENT AND/OR ANY COMMUNICATIONS AND INTERACTIONS WITH USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICE AND/OR THE CONTENT AND/OR POSTS, FAILURE OF THE SITE AND/OR PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF ACCESSILY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ACCESSILY BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE USE OF ANY SERVICES PROVIDED TO YOU BY OTHER USERS; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF ACCESSILY'S AFFILIATES HAS 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, ACCESSILY'S AND ACCESSILY 'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, TO ACCESSILY FOR USE OF THE SITE AND/OR PRODUCTS OVER THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM SUCH.
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 Accessily 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 and/or Service; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage resulting from purchase of a Post sold by you, as a Seller, to a Buyer through this Platform, including in connection with any payment disputes between Sellers and Buyers; (iv) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (v) communications and/or interactions with Users and/or other persons arising from your use of the Site.
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.
Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us; provided your report will not incur any liability. Accessily's address for reporting any misconduct is as follows: Full Address: Lehi 6, Kfar Tavor, Israel 1542100 and Email: [email protected].
Accessily respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to Accessily's Copyright Agent: (i) the contact details of the 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 Accessily to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and (v) 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. Accessily's Copyright Agent can be reached through the address specified above.
Amendments to the Terms
Accessily may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or send you an e-mail regarding such changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Termination of your Account and Termination of Site's Operation
At any time, Accessily may block your access to the Site and/or Service temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Accessily under any applicable law. Such actions by Accessily may be taken if Accessily deems that you have breached any of these Terms in any manner.
Additionally, Accessily may at any time, at its sole discretion, cease the operation of The Site and/or Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Accessily does not assume any responsibility with respect to, or in connection with the termination of The Site and/or Service operation and loss of any data. 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.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. 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 these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Accessily's prior express written consent. 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. These Terms are the entire terms and conditions between you and Accessily relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Accessily. Notices to you may be made via email or regular mail. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For Information, Questions or Notification of Errors, Please Contact:
If you have any questions (or comments) concerning the Terms, you are welcome to send Accessily an email or otherwise contact Accessily to the following address and Accessily will make an effort to reply within a reasonable timeframe: [email protected]