1.1. Welcome to Start A Fire, a unique Service operated by Tomodo Ltd. ("We", or "Tomodo"), which enables commercial users (the "User(s)" or "You") to track how their shared content is performed. Start A Fire uses Our patented augmented browsing technology, which serves as a real time proxy between the browser and the original website, attaching badges to site coupled with analytics ("Branded Pages" and "Start A Fire", respectively, and collectively, the "Service").
Last Revised: December 5, 2016
The Service3.1. Although We are making efforts to keep the nature of Service as friendly and genuine as possible, We reserve the right to modify or discontinue, temporarily or permanently, the Service, to block or suspend Your access to the Service and/or Your Account (as defined below), and/or prevent You from using the Service, for any reason, with or without notice, and we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
3.2. Following such suspension or blocking of the Service and/or Account, We will have no obligation to keep the details, content, features, design, or any other information related to Your olanded Pages and/or Your use of Service.
Your Account4.1. In order to create Branded Pages via the Service You will be required to perform a registration procedure and create an account (the "Account"). When You enter the Service You will see a "Sign Up" option and be required to insert certain details such as Your email address, full name, user name, password, or social network profile (Facebook, LinkedIn etc., and approve the Terms by clicking "register" (the "Account Registration Procedure").
4.2. As part of the Account Registration Procedure, You shall select a user name and password. You will provide us with accurate, complete and updated Account information. Failure to do so shall constitute a breach of these Terns of Use which may result, inter alia, in immediate termination of Your Account.
4.3. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account
4.4. If You would like to cancel Your Account, You may do so by sending a written request to firstname.lastname@example.org.
Branded Pages5.1. You acknowledge and agree that Tomodo, its directors, employees, agents, affiliates, licensors, partners and/or representatives will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever 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 the Branded Pages.
5.2. Your use of the Service must not, in any way, violate any proprietary rights or any other rights of any third parties, including third parties who own the title, rights, and/or interest in and to any and all content which is contained in the Branded Pages or available therefrom.
5.4. Finally, when Use the Service, You hereby explicitly and irrevocably waive all rights, interest, claim and/or demand that You had, have or may have in the future, against Us, Our officers, directors, employees, agents, affiliates and/or any third party connected to Us or using the Service, with respect to your use (or inability to use) the Services hereunder, including without limitations in connection with creation and utilization of any of Your Branded Pages by any third party.
Use Restrictions6.1. While using Our Service, there are certain types of behavior which are strictly prohibited. Such behavior includes the types appearing below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result, inter alia, in the termination of Your Account and may expose You to civil and/or criminal liability.
6.2. You may not, whether by Yourself or anyone on Your behalf:
- 6.2.1 copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Service;
- 6.2.2. create a browser, frame, border environment or GUI around the Service;
- 6.2.3. interfere with or violate other users and/or any other third party's rights to privacy and other rights, or harvest or collect data and information about such parties without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Service and/or retrieve index and/or data-mine information;
- 6.2.4. impersonate any person or entity or provide false or misleading personal information;
- 6.2.5. transmit or otherwise make available through or in connection with the Service any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and 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;
- 6.2.6. transmit, display or otherwise make available through or in connection with the Service, any content or features which may infringe third party rights, including intellectual property rights, or which may contain any indecent, obscene, pornographic, violent or any other immoral or unlawful content or features.
- 6.2.7. use the Service for any illegal, unlawful or unauthorized purposes;
- 6.2.8. use the Service for purposes of harassment, stalking, scorning, provocation, acts of terrorism, violence or any other purpose which may endanger third parties.
- 6.2.9. Use the Service for the purpose of collection of data or damaging the Service for the benefit of another company.
Representation and Warranties by the User7.1. As a condition to Your use of the Service, You hereby represent and warrant that:
- 7.1.2. You will safeguard Your Account information and will supervise and be responsible for any use of Your Account by anyone other than You;
- 7.1.4. You are solely responsible for your use of the Services including any and all content and features inserted or modified by You on Your Branded Pages in any way or manner via the Service; and
- 7.1.5. Your use of the Service has not been previously suspended, nor has Your Account been previously removed from the Service or any other services and/or websites operated by Tomodo.
- 7.1.6. The information You provided Us in the registration procedure is accurate, up-to-date and complete.
Intellectual Property Rights8.1. The Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Service, including without limitation, graphics, photos, sounds, music, videos, interactive features, software (including "widgets"), scripts, interface, trademarks, service marks and logos may be owned by third parties (e.g. content and features available in the Sites or through the redesigning of the Sites).
8.2. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property or any other content and features.
Sponsored Content9.1. The Branded Page may contain advertisement, as well as other forms of content on or around the Branded Page's original content, on behalf of Ourselves and our affiliates, or on behalf of third parties ("Sponsored Content").
9.2. You hereby acknowledge that such Sponsored Content may belong to third parties and that we have no control over such third parties. You further acknowledge and agree that we are not responsible for any services, content, advertisements, products, or any materials on or available from said Sponsored Content.
9.3. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever 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 any Sponsored Content.
9.4. If you do encounter any unlawful Sponsored Content, you may wish to report such content to us using the following address email@example.com. We will examine your report within a reasonable timeframe, but we cannot commit to removing any Sponsored Content.
Trademarks"Tomodo", "Start A Fire", and any other commercial identifiers We use in connection with the Service are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
Disclaimer and Warranties
- 11.1. THE SERVICE IS AT BETA STAGE AND PROVIDED HERE 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.
- 11.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO SERVICE, AND ANY CONTENT AVAILABLE VIA THE SERVICE, AT ANY TIME OR TO DISCONTINUE DISPLAYING ANY CONTENT WITHOUT PROVIDING YOU WITH PRIOR NOTICE.
- 11.3. WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE SERVICE OR ANY MODS AND OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SERVICE.
- 11.4. WE ACT MERELY AS A TOOL TO CREATE OPTIMIZED PAGES, AND ARE NOT DIRECTLY OR INDIRECTLY INVLOVED IN ANY INTERACTION BETWEEN YOUR CUSTOMERS, ANY THIRD PARTIES USING THE OPTIMIZED PAGES AND YOURSELF.
Limitation of LiabilityTHE USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE 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 ACTION RESULTING FROM OR ARISING OUT OF THE SERVICE AND/OR ANY OF THE OPTIMIZED PAGES CREATED BY YOU, OR THE USE OR INABILITY TO USE THE SERVICE AND/OR ANY OF THE OPTIMIZED PAGES, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
- 14.1. 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.
- 14.2. Any claim relating to the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
- 14.3. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
- 14.5. 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.
- 14.7. Fees paid for the service are non-refundable.
ComplaintsIf You feel that any of Your personal rights has been compromised on the Service, please contact Us at: firstname.lastname@example.org and We will exert Our best efforts to handle Your complaint.
For information or questions contact: