Terms of Service

Updated 10/08/2020

Below are our Terms of Use, which outline a lot of legal goodies, but the bottom line is it's our aim to always take care of both you, as a customer, or as a seller on our platform.

These Terms

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

By entering to, connecting to, accessing or using the Site and/or Platform you acknowledge that you have read and understood the following terms of use including the terms of our Privacy Policy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these terms constitute a binding and enforceable legal contract between Accessily and you.

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 and Services in accordance with these Terms, and to fully perform your obligations hereunder.

The Services

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.

The Platform allows owners of certain online properties (such as content websites) (the "Buyers" and "Properties", respectively) to ordering and purchasing content and relevant services from Users of the Platform that provide appropriate content (the "Sellers" and "Seller Content", respectively) by placing an online order (the "Order") via the Platform.

Terms for Sellers:

  • Sellers may use the Platform to publish details regarding potential Seller Content and other services made available by them ("Seller Service"), the applicable fees for such Marketing Content and Seller Services and other relevant details, such as the Seller's social media accounts, location and demographics. Accessily may require additional details to be provided.
  • Accessily may also approach Sellers with offers to obtain Seller Services and Seller Content from applicable Buyers.
  • To the extent that the Seller wishes to enter into a transaction with a Buyer, the parties shall enter into an Order via the Platform, which stipulates the relevant terms of the transaction. The Order, including all Seller Content and Seller Services provided thereunder, constitutes a separate and independent transaction between the Seller and Buyer and Accessily is not a party to such transaction.
  • Seller shall provide the Seller Content and Seller Services and any other deliverables specified in the Order within the timeframe and in accordance with any other conditions set forth in the Order.
  • The Seller hereby represents and warrants that all Seller Content is the Seller's original work and that it does not and will not infringe any applicable law and/or third party right, including without limitation intellectual property rights and privacy rights.
  • Seller agrees and acknowledges that during the term of any Order and for a period of 12 months thereafter, Seller shall provide any additional seller content and/or other services of any kind to the Buyer identified in the Order exclusively by way of Orders issued via the Platform.
  • Seller agrees to maintain, for at least 3 years following the execution of each Order, accurate and complete records of all communications and materials which relate to applicable Orders and Buyers.

Terms for Buyers:

  • The terms for Sellers, as detailed above, shall apply to Buyers as well, mutatis mutandis.
  • Buyer may use the Platform to create and manage marketing campaigns and to purchase Seller Content and Seller Services to be used in such campaign (collectively, the "Campaign").
  • Buyer represents and warrants that use of Seller Content and Seller Services is at its own risk and that Accessily is not responsible and shall not be held liable for any such use.
  • Upon the execution of the Order, the Buyer shall be required to pay Accessily the applicable fees, as set forth on the Site and/or Platform and/or Order.
  • Buyers have the option to use Accessily's full managed campaign service ("Campaign Service"). NO REFUNDS SHALL BE PROVIDED FOR THE USE OF THE CAMPAIGN SERVICES.

PLEASE NOTE: We are not operating as a bank. Once a payment has been accepted on our platform, we do not process refunds via PayPal or Credit Card. The funds can only be used for purchases within the marketplace and cannot be refunded to the original payment method unless it has been less than 7 days since the deposit date.

General Terms:

  • All fees payable by the Buyer to the Seller under an Order or otherwise will be kept in escrow by Accessily and transferred to the Seller upon the successful publication of the Seller Content.
  • All executed Orders are final, and any changes thereto shall be executed by a supplementary Order executed by Buyer and Seller.
  • Fees included in Orders are final and all inclusive, and Sellers shall not be entitled to any further remuneration or royalties.
  • Accessily may refuse to coordinate any Order, decline a Campaign and remove any Account at any time and its sole discretion.

PLEASE READ CAREFULLY: IT IS HEREBY CLARIFIED THAT ACCESSILY IS NOT A PARTY TO ANY ORDER OR AGREEMENT EXECUTED AMONG ITS USERS ARISING FROM THEIR USE OF THE SITE AND/OR THE PLATFORM THE SERVICES, AND THAT IT DISCLAIMS ALL LIABILITY IN CONNECTION THERETO.

Registration and User Account

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.

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 is not allowed.

In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.

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 you wish to cancel and remove your Account, please send us an e-mail of your request to: [email protected].

Seller Content

Seller Content may include copyrightable materials such as, images, literary works, text material and any other proprietary materials. Sellers must respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the Seller Content.

With respect to each Order and subject to delivery of full payment to Seller, the Seller agrees to assign and hereby assigns and transfers to the applicable Buyer the entire right, title and interest that the Seller may have in and to the Seller Content provided under such Order.

Sellers represent and warrant that they are the rightful owner of the Seller Content provided to Buyers or otherwise uploaded to the Platform or that they have all the necessary licenses, rights, consents, and permissions from the rightful owners of such Seller Content.

Interactive Areas

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.

Fees and Payments

The fees and subscription rates for the Service are specified in the Site and or Platform. Payments are currently accepted and processed solely in U.S Dollars. Sellers' fees are specified in the Platform and may change from time to time.

Payments are processed via certain online payment service providers ("Online Payment Processors"). We may add or change the Online Payment Processors in our sole discretion.

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.

You may not cancel Orders once they have been submitted, finally 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.

Use Restrictions

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:

  • Use the Service and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes;
  • Use the Service and/or Content for non-personal or commercial purposes without Accessily's express prior written consent;
  • Interfere with or violate Users' rights to privacy and other rights;
  • Interfere with or disrupt the operation of the Site and/or Platform;
  • Falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Take any action that imposes an unreasonable or disproportionately large load on our platform infrastructure;
  • Bypass any measures we may use to prevent or restrict access to the Site and/or the Platform;
  • Copy, modify, alter, adapt, replicate, or reverse engineer any portion of the Content;
  • Transmit any virus, worm, Trojan Horse, or any other harmful code or component.

Privacy Policy

Accessily respects your privacy and is committed to protecting the information you share with us. Accessily believes that you have a right to know our practices regarding the information Accessily collects when you connect to, access or use the Site and/or Platform. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

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.

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.

Social Media Features

The Site may include social sharing and posting features and other integrated tools (for example LinkedIn etc.) ("Social Features"). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms ("Social Network"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies.

Minors

To enjoy the Service you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Service.

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.

Certain links provided herein permit our Users to leave the Site and enter non-Accessily websites or services. 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.

Availability

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.

Reference Customer

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.

Disclaimer of 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 SERVICES AND/OR 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.

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.

IN ANY CASE, ACCESSILY'S 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.

Indemnification

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, the Platform 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; (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.

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. 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.

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.

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.

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.

General

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 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.

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]