1. Consent to Agreement
This Terms of Use (the “Terms”) constitute a binding agreement between any user of the Services (as defined below) (“User(s)”, “you”) and Blueicon Ltd., a company duly registered in Israel under Registration No. 515806669 (“us”, “we”, “Company”) which governs your use of our website (the “Website”).
For the purpose of these Terms: (i) “Services” means the curated collection on the Website of trending products sold online, the analysis related to such products, and any other services available on the Website; (ii) “Subscriber” means a registered User; and (iii) “Content” means (a) information related to trending products which is submitted to us by Users; and (b) information gathered by the Company, available on the Services, which might include, among others, text, graphics, images, audio, video, and information as well as any other material that are posted, uploaded, generated, provided or otherwise made available via the Services.
By using the Services, you agree, without limitation or qualification, to be bound by these Terms and by our privacy policy that can be found at /privacy-policy (the “Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, in whole or in part, you are not allowed to use the Services.
The Company reserves the right to alter, expand, edit and update these Terms, including the Privacy Policy, from time to time at its sole discretion. Updates and changes to the Terms will go into effect immediately, and notifications thereof will appear on the Website. The most current Terms will appear on the Website under the “Terms of Use” link on the Website’s homepage. Any use of the Services or the Website shall constitute renewed consent to these Terms.
2. Grant of Rights
Rights Grant and Limitations
Subject to you complying with all of the terms of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services, solely in accordance with these Terms and for your personal use only. We reserve all rights, title and interest in and to the Services not expressly granted to you hereunder.
Registration
In order to use the Services, you must register and create an account (the “Account”). When using the Services, you agree that: (a) you provide true, accurate, and complete information about yourself; (b) you maintain and promptly update us to keep the information true, accurate, current, and complete; and (c) your use of the Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of your username and password, including keeping it safe and secure to ensure it is not used by anyone else, and are fully responsible for all activities that occur under your Account, and agree to immediately notify us if you have reason to believe that there has been any unauthorized use or access to your Account, or any other breach of security. We will not be liable for any loss or damage arising from any unauthorized use of your Account. You shall be solely responsible and liable for any breach of this Agreement arising out of or resulting from use of your Account. By providing us with your email address, you agree to receive all required notices electronically to that email address.
Limitations
You are not permitted, nor may you allow any third party, to copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, or any portion thereof. You may not sell, rent, lease, sub-lease, lend, redistribute, sublicense or otherwise transfer or allow the use by others of the Services, in whole or in part, on a permanent or temporary basis, whether or not for consideration. You are prohibited from, either by yourself or allowing a third party, to use our name, logos, or trademarks in any manner.
You specifically agree that each of the terms and conditions of this section are material and that failure to comply with these terms and conditions will constitute sufficient cause for us, inter alia, to immediately terminate the rights granted to you herein and cease providing you with the Services, and block your access to the Website.
3. Use Restrictions
You may not, and you may not permit any third party to, unless otherwise explicitly permitted under this Agreement:
- use the Services and/or any Content for any illegal, immoral, unlawful and/or unauthorized purposes;
- post any prohibited content;
- remove or disassociate from the Content any restrictions and signs indicating our proprietary rights or those of our licensors;
- interfere with or violate other Users’ rights to privacy and other rights, or harvest personally identifiable information about Users without their express consent;
- interfere with or disrupt the operation of the Services or the servers or networks that host the Services;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or present false or inaccurate information about the Services;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure;
- bypass any measures we may use to prevent or restrict access to the Services;
- copy, distribute, display, execute publicly, make available to the public, decompile, disassemble, adapt, sublicense, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material subject to our proprietary rights, except as expressly permitted;
- frame or mirror any part of the Services without our prior express written authorization;
- create a database by systematically downloading and storing all or any of the Content from the Services;
- sell, rent, lease, sublicense, gift, transfer, transmit, publish, or make available any portion of the Services to third parties, including your affiliates;
- disable, bypass, or interfere with any part of the Services in any way to override restrictions, enable features, or change the intended operation of the Services;
- systematically retrieve data or any kind of content from the Site or the Services to create or compile, directly or indirectly, a product, database, software, or directory without our prior permission;
- collect usernames or emails of Users for marketing purposes such as sending unsolicited emails;
- deceive, divert, or mislead us or Users of the Services for the purpose of obtaining sensitive account information or accessing customer data;
- intentionally contact support with improper requests;
- intentionally submit false reports of misuse or misconduct;
- attempt to impersonate any User without permission for improper actions;
- copy any part of the content that comes with the Services to use elsewhere, other than for promoting the Services, without prior permission from us;
- try to access, derive, or extract any part of the source code of the Services and its components by reverse engineering, decompiling, decrypting, hacking, using special apps, or any other means;
- use any kind of automated software or hardware to access or monitor the Services for any reason;
- knowingly use methods or technologies that would impose unreasonable loads on the infrastructure that serves the Services;
- modify, translate or change any part of the Services without prior permission from us;
- copy or create any derivatives of the Services or Sites, or any part thereof;
- develop or use any technology to impede the Services;
- interfere with the integrity of the Services;
- override or attempt to override the authentication process of the Services;
- remove, modify, or conceal logos, trademarks, attributions, or other proprietary rights affixed to or provided within the Services or Sites or any third party we work with without our prior written approval;
- use or display logos, marks, and other attributions related to us or the Services other than promoting the Services without our prior written approval;
- use, copy, or imitate parts of the Services, or content within the Services or Sites, to develop a competing service or product;
- use the Services for any illegal purposes or in a way that would be unlawful;
- use the Services in a way that would be harmful to Users, customers, or any third parties;
- use the Services for unauthorized marketing activities;
- post disparaging, harmful, offensive, or fraudulent content that might harm us or other Users of the Services;
- try to hack, access, or obtain login credentials, accounts, or the content of customers, individuals, or organizations;
- attempt to upload or transmit any harmful code such as viruses or Trojans to the Services or Sites;
- attempt to upload or transmit any material that acts as a passive or active information collector or transmitter, such as web bugs, cookies, or 1×1 gifs;
- perform any type of security, vulnerability, penetration, or data scraping tests without prior consent;
- perform any type of bounty bug, performance, or security testing without the prior consent of the Company;
- transmit or otherwise make available any virus, worm, trojan horse, time bomb, web bug, spyware, or any other harmful or invasive code or component;
- use the Services for any purpose for which the Services are not intended; or
- infringe and/or violate these Terms.
4. Third Party Websites and Services
The Website contains links to external sites, or may contain functions, aids, extensions, widgets or tools that may be operated by third parties, lead to websites belonging to third parties, offer information regarding third parties or offer services of third parties (“Third-Party Services”). The purpose of posting the links is to provide the User with access to information, products, or services that may be of interest to or useful to the User, including in order to provide the User with various tools that may improve the User’s experience on the Website. Your use of Third-Party Services is subject to the provisions determined by those third parties, including their terms of use and privacy policies. The Company shall not be liable for Third-Party Services or for anything existing in them, and the Company does not guarantee that they will be available continuously, if at all.
5. Termination; Suspension; Deletion
We may terminate the Services and/or your access to your Account, at any time, in our discretion. Upon termination, for any reason, your Account will become inactive, your access to your Account will be blocked and the Services will be unavailable to you.
You may, at any time, deactivate your Account and cease using the Services.
We can suspend access to your Account if we believe, in our sole discretion, that one or more of the following events have occurred: (i) there is risk to the security or privacy of your Account; (ii) there is a threat to the security or integrity of our network or our servers; (iii) suspension is needed to protect the rights, property or safety of our Users or the public; (iv) there is a basis for termination of your Account; (v) you have violated these Terms; and/or (vi) we are required to do so by law. We may provide you notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account.
6. Disclaimer
Company is not liable for any statements or guarantees made by a third party whose product is linked on the Website. You expressly waive and release any claim that you may have at any time for any damage or any issues against the Company or anyone on its behalf involved in the provision of the Services. You agree to indemnify and hold harmless the Company and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your use of the Services.
We make no endorsement, guarantee, representation, or warranty of any kind with regards to any Content, or any other third-party content which may be available using the Services, and we assume no responsibility for any such content. If a User relies on such content, such User is doing it solely at his or her own risk, and you expressly relieve us from all liability arising from your use of any Content and of third parties’ content.
You further understand and acknowledge that you may be exposed to Content which is inaccurate, offensive, indecent, or objectionable, and you agree to take such risk of exposure and hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
7. Payment and Refund
The Services are purchased through the Website, using the means of payment available on the Website as of the purchase date. The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the Services, at the Company’s sole discretion and without need for justification.
The payments for the Services are made on a monthly subscription basis. The monthly subscription will automatically renew at the end of each month, and you will be charged automatically for the Services by the means of payment you initially provided, unless you provide written notice to the Company regarding your intention of terminating the subscription and the use of our Services and receive a termination confirmation.
If you choose to terminate the subscription and the use of our Services within 30 days of the initial purchase, you may be eligible for a refund for the initial 30-day subscription period. Notwithstanding the above, if you choose to terminate your subscription after the initial 30-day subscription period, you will not be eligible for a full refund for the termination month. Any refund shall be at the sole discretion of the Company.
8. Payment Subscription Terms
Provisions
Provisions for subscription plans (monthly and annual): The Services are purchased through the Website, using the means of payment available on the Website as of the purchase date. The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the Services, at the Company’s sole discretion and without need for justification. However, if there is no change in the subscription package, there shall be no changes in the monthly or annual subscription charges for the customer. If the term of the subscription has ended or a special offer term has ended, change in price may occur at the Company’s sole discretion.
Billing
The Company may offer the Services through a variety of billing methods, which include one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). The Company will bill you on the date you subscribe to the Services (“Subscription Date”), and will continue to bill you in accordance with your selected Subscription until you cancel the Services. You must cancel your Subscription at least one day prior to the next billing date to avoid renewal.
Payment Methods
To use the Services, you must provide one or more payment methods. You can update your payment methods by going to the Account page of our Website. Following any update, you authorize us to continue to charge the applicable payment method or any payment method associated with your account if your primary payment method is declined or no longer available.
Cancellation
You can cancel your membership at any time, and you will continue to have access to the Services through the end of your pre-paid billing cycle. We do not provide refunds or credits for any partial membership periods. To cancel, please navigate our Website to your account profile and follow instructions from there, or contact our customer support team at [email protected].
Changes to the Price and Subscription Plans
We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time in our sole discretion. Except as otherwise expressly provided in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. Payments are nonrefundable and there are no refunds or credits for partially used periods.
Money Back Guarantee
If you contact our customer support department at [email protected] no later than 30 days following your original sign-up, you may be eligible to ask for a refund. Contacts made after that 30-day period will not be eligible for the Money Back Guarantee. Only your first purchase is subject to the Money Back Guarantee; renewal orders are not eligible.
9. Subscription Services, Charges, Fees, Returns, Refunds
Subscription Plans and Charges
The Company offers different recurring payment options to subscribe to the Ecomhunt services membership: (1) an automatically billed monthly subscription (“Monthly Membership”); and (2) an automatically billed annual subscription (“Annual Membership”). Pricing is available at https://ecomhunt.com/pricing.
Automatic Renewal
The monthly subscription will automatically renew at the end of each month, and you will be charged automatically for the Services by the means of payment you initially provided, unless you provide written notice to the Company regarding your intention of terminating the subscription and the use of our Services and receive a termination confirmation.
Returns
The service is a digital subscription service; therefore there is no return policy for physical items.
Refunds
If you choose to terminate the subscription and the use of our Services within 30 days of the initial purchase, you may be eligible for a refund for the initial 30-day subscription period. If you terminate after the initial 30-day subscription period, you will not be eligible for a full refund for the termination month. Any refund is at the sole discretion of the Company.
10. Proprietary Rights and Copyright
It is agreed that the Services, and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law. We hereby grant you a limited, revocable, non-sublicensable right to use the Services (excluding any software code) solely for your personal use.
Copyright Infringement
If copyrighted content that belongs to you was posted on the Website without your permission please notify us at [email protected].
Ecomhunt
42 Giborei Israel St.
Netanya, Israel
Please include in your notice: an electronic or physical signature of the copyright owner or someone authorized to act on their behalf; the name, address, telephone number, and email address of the copyright owner; identification of the copyrighted work that is being infringed; identification of where the infringing material is located on our Website; a statement that you have a good faith belief that the use is not authorized; a statement that the information in your notice is accurate; and a statement that you are authorized to act on behalf of the copyright owner. If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties.
11. Availability
The Services’ availability and functionality depend on various factors, such as communication networks. We do not warrant or guarantee that the Services will always operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or error-free. We have the sole discretion to modify the Services at any time.
12. Disclaimer of Warranties and Limitations on Liability
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
No Liability for Damages
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Abbreviation of Statute of Limitations
You agree that any cause of action arising out of or related to the use of the Services must commence within one year after the cause of action occurs; otherwise, such cause of action is permanently barred.
13. Feedback
You have no obligation to give us any suggestions, ideas, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Services. To the extent we receive any Feedback from you, we may use and include such Feedback to improve the Services or for any other purpose. Accordingly, you hereby irrevocably and exclusively assign all such Feedback to us on a royalty-free basis.
14. Indemnification
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, employees, licensors and agents harmless from and against any claims, demands, liabilities, damages, losses, and expenses, including attorney’s fees and costs, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right; (iv) any data collected using the Services; or (v) your use of the Content.
We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you will cooperate with all reasonable requests in assisting our defense of such matter.
You may not settle any claim for which we are entitled to indemnification hereunder without our prior written consent.
15. Miscellaneous
These Terms will be governed by and construed in accordance with Israeli law without regard to conflict of law principles. Any disputes relating to these Terms and the use of the Services will be subject to the exclusive jurisdiction of the courts of Tel Aviv. If any term or condition is deemed invalid or unenforceable, the remaining terms will continue to apply. These Terms are the final, complete and exclusive agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Any notice or other communication to be given hereunder will be in writing and given by us via email to the address you provide, or by you via email to [email protected].
