Terms of Use
General
The terms below define the terms of use of the services of Wemark Digital Ltd. ("Wemark"),
which shall be available to users by means of this Website; such services enable, among other
things, the creation of an advertising campaign on various websites.
By your registration to the Wemark services and/or by virtue of your use of Wemark services,
you agree and confirm that you are legally competent to enter into an agreement with
Wemark, that the terms of this document apply to you and obligate you, and that they are
enforceable by Wemark; Wemark shall not bear liability for anything deriving from your failure
to comply with these terms.
Terms of User Access
Wemark has the right to authorize and/or to prevent you from accessing its services, at any
time, in its sole discretion.
In order to receive services from Wemark you must select means of identification (email,
connection via Facebook or via Google); in order for you to have the ability to connect and to
manage the receipt of services (viewing of results, making changes, freezing services and
cancelling them), you must continue to maintain access by way of the means of identification
that you selected; at the time of opening the account you must fill out personal details, that
are true and correct, in order to enable all of the communication between you and Wemark;
Wemark is not liable for problems relating to your account including the security of your
information; in the event that there is suspicious activity in your account, including an invasion
of your privacy and use of your information, you are obligated to notify Wemark of such
activity; in the event that damage or loss of any kind is caused due to your failure to comply
with these conditions, or due to any prohibited use of your account and your personal details,
which results in the inappropriate use of your account, Wemark is not liable for any damage,
including any non-physical damage.
The only means by which Wemark will make contact with you (for purposes of notifying you
of changes to the services provided, cessation of services, refunds, termination of services,
etc.) is by means of the email address that you used when you registered for the service (or
an email address assigned to your accounts on Facebook or Google by means of which you
connected to the service); the sending of notices to such email address shall constitute
delivery of notices, and you shall not have any claim against Wemark in respect of a failure to
provide notice through other means.
In providing its services, Wemark uses services of third parties; Wemark cannot control or
guarantee the level of reliability and truthfulness of information that arrives from third
parties; every service that is offered by Wemark is offered on an AS IS condition and on an AS
AVAILABLE basis, without any undertaking by Wemark that the system will operate without
faults and with full availability.
Intellectual Property
All of the intellectual property rights in the services offered by Wemark are the sole property
of Wemark and/or third parties on its behalf or of third parties who granted it authorization
to use them within the framework of the provision of such services; furthermore, and without
derogating from the generality of the aforesaid, Wemark is the sole owner of the services, and
the service offering in its entirety, including copyrights, patents and designs relating to the
services, whether or not registered, names, logos and trademarks of the provided services,
whether or not registered, trade secrets and business information associated with the
provision of the services, in the design of the provided services, in the technological
information associated with their operation including the content, methods, systems,
databases, applications, graphic files, computer code, written materials and/or any other
material or information included in them, including designs and graphics (the "Intellectual
Property"); at the time of your use of the services, you must refrain from any action that
could result in an infringement of the Intellectual Property rights of Wemark and/or third
parties on its behalf.
You undertake not to make any use of the Intellectual Property, including to copy, to
distribute, to present or to publicly demonstrate, to replicate, to market, to sell, to lease, to
modify, to deliver to a third party, to change the design and/or the graphic interface of the
provided services, to produce derivative products or to make any commercial use whatsoever
of the Intellectual Property and/or any part thereof, whether by you or by means of or
together with a third party, in any way or means whether electronic, mechanical, optical or
by any other means or manner, without receiving the prior written approval of Wemark. If
and to the extent such an approval is given, you must refrain from removing, deleting or
interfering with any notice or marking appearing anywhere in connection with the service
package with respect to Intellectual Property rights, such as copyrights ©, or trademarks®,
accompanying any content that is used by you.
Without derogating from the generality of the aforesaid, you are not entitled: (1) to copy,
change, modify, translate, perform any acts of reverse engineering or to disassemble any
portion of the information included in the provided services, in any manner, or to publicly
demonstrate or publicly execute any portion of the information included in the services, or to
distribute it; (2) to make any use of information on any other website or in any other computer
network environment for any purpose, or to reproduce or copy the information of Wemark
or the Website without receiving the prior written consent of Wemark; (3) to produce a
browser or other information framing environment around the information of Wemark (it is
prohibited to present the information by way of framing and/or by a link from within the text);
(4) to infringe or breach the privacy rights or any other right of any user on the Website in the
services, or to harvest or collect identifying and personal information about users of the
services without their express consent, including by making use of a "robot", "spider",
application to perform searches on the Website or to retrieve information from the Website
or by means of installing manually or automatically, or by means of a process that enables
retrieval, production of an index or data mining; (5) to publish libel, defame, abuse, harass,
stalk, threaten or in any other manner violate the legal rights of others, or to include illegal
content, slanderous content, abominable language, dishonest content or content that is
indecent or content that is illegal for any other reason, in the content that is transmitted by
you; (6) to impersonate any other person or entity, including, as a messenger, representative
or agent of Wemark; to misrepresent, or to present in any other incorrect manner your
relationship with any other person or entity; (7) to transfer or to produce in any other manner,
in connection with the services, any computer virus, "worm", Trojan horse, time bomb, bug,
spyware, or any computer code, file or other program, that is likely to damage, or is intended
to damage or to take over the operation of any hardware, software or communication
equipment, or code or component, which are damaging, or have the potential of causing
damage, which are interruptive or are intrusive; (8) to damage the operation of the website
by means of which the services are provided or to interrupt it, or to damage the operation or
interrupt the operation of servers or networks that host such website or which enable its
availability, or not to comply with any demand, procedure, policy or regulation of these
servers or networks; (9) to sell, to grant a license, or to exploit for any commercial purpose
any use or access to information or the entirety of the services; (10) to frame or mirror any
portion of this Website, without the express prior written consent of Wemark; (11) to create
a database by methodically downloading and storing all or a portion of the information that
included in the services; (12) to transfer any information that is derived from the provided
services without the prior express written consent of Wemark; (13) to transfer or assign your
password, temporarily or permanently, to a third party; (14) to use the services for any illegal,
immoral or unauthorized purpose.
Your failure to comply with the provisions detailed in these Terms of Use is likely to cause the
termination of your access to the services and is likely to expose you to civil and/or criminal
liability; without derogating from the aforesaid above, and the provisions of any law, you
undertake to indemnify and compensate Wemark or anyone on its behalf, in any event in
which you breach these Terms of Use, or you act in connection with the services in violation
of the provisions of any law and/or a lawsuit is filed against Wemark by any third party as the
result of an action that you performed in violation of these Terms of Use; such indemnification
and/or compensation shall cover any expense, payment, loss, loss of profits or any other
damage, direct or indirect, financial or otherwise, that shall be caused to Wemark or anyone
on its behalf.
Provision of the Services
You hereby grant to Wemark a full and irrevocable power of attorney for the duration of your
use of the services, to use all of the available information in a public manner, on your behalf
or at your request, on the websites that you requested to promote, including pictures, in order
to present advertisements on external websites; further more, you authorize the transfer of
such materials to third parties to the extent that they will assist or play a part in presenting
advertisements on external websites.
By your engagement for the service you are confirming that you are the owner and/or
authorized on behalf of the owner in connection with information and pictures on the page
which you wish to promote, that you have the right to authorize their use for advertising
purposes and that you grant this right to Wemark for the duration of the period of provision
of the services; in addition, by your engagement for the services you confirm that your
activities and the advertising campaign that you wish to launch are conducted in accordance
with law; you acknowledge that Wemark and/or the website by means of which you
purchased the services shall not examine the content of advertisements which are launched
by you, and all of the liability for the content of notices and content of advertising shall be
yours alone.
You acknowledge that the data that appears next to the advertising package that shall be
available for your selection constitute only a forecast, Wemark only undertakes to present the
advertisements themselves and does not undertake that such results will actually be attained;
the data that shall be presented to you, as the result of the provision of the services, is based,
inter alia, on data provided to Wemark from other websites in which the advertisements will
appear and by third parties, and therefore this is an estimate only; you will not have any claim
in relation to any inconsistency between the estimated results that appear in the management
interface and the actual results.
Advertising notices, as they shall be presented to you prior to your joining the service,
constitute a demonstration only of the combination of pictures and text, that shall be actually
used to construct the ads; in order to customize the ads to the websites and platforms in
which they appear, the final ads that shall be presented on external websites may undergo
changes, and even appear in a totally different manner than that presented to you on this
Website.
In light of the fact that the Wemark services include targeted advertising, Wemark does not
undertake that you will be able to see such advertisements on external websites, and the fact
that you will not be able to see such advertisements does not constitute an indication that
they did not appear on the external websites.
Payment by Credit Card
Payment for the services shall be performed by means of credit card; the customer, whose
email address relates to a service order and which is registered on its account, will receive a
receipt from Wemark or someone on its behalf, detailing the payment; the sending of the
receipt to the email address is instead of sending a physical invoice by regular mail; these
terms define the sending of the invoice, and you agree to the following terms: (1) the sending
of the invoice and receipt of it to your email address shall be treated and accepted as if a
physical invoice was sent; (2) Wemark shall not be liable in the event that the receipt sent to
you is treated as spam; (3) if your email address is not accurate including typing errors or
incorrect information, Wemark is not liable for anything resulting therefrom, including
problems with receiving information or a receipt.
We use, for ourselves or as brokers between you and Service Providers, payment processing
services of third party companies for purposes of performing the payment by means of the
website through which the services are provided (the "Payment Processing Company" and
the "Payment Processing Services", as applicable). Performance of the payment by means of
a Payment Processing Company is subject to the relevant terms of use and privacy policies,
and we urge you to read them carefully prior to using the services; within the framework of
the Payment Processing Services, payment details and/or credit card details are entered by
the user and/or any other detail relating to payment ("Credit Details"), and reach the Payment
Processing Company; after the aforesaid details are transferred to the Payment Processing
Company, we receive from the Payment Processing Company unique anonymous information
(a token) which enables connecting the user of the services and his/her Credit Details for
purposes of payment by credit card for the services; we do not ourselves use the Credit Details
and we do not save the Credit Details in our database; we disclaim any liability in relation to
the Payment Processing Services, and the use of these services in connection with the Website
and/or the Application is at your own risk.
In any event in which a debit shall be cancelled by a Payment Processing Company, for any
reason whatsoever, after Wemark provided advertising services to you, you shall be obligated
to compensate Wemark in an amount equal to 200% of the amount of the advertising budget
that was actually performed but not paid for by you.
Additional Terms Relating to the Services
The services offered by Wemark may be changed and amended from time to time; Wemark
reserves the right to remove certain services or to add certain services within the framework
of the entirety of the services it provides, in its sole discretion; a portion of the services may
include additional and unique terms of use, and to the extent that additional terms are
presented to you within the framework of the use of the services, these additional terms shall
be deemed for all intents and purposes as an integral and inseparable part of these Terms of
Use.
Rates
The prices for advertising packages offered are likely to change from time to time in
accordance with the circumstances, without any prior notice by Wemark.
Term of Agreement and Cancellation of Agreement
These Terms of Use serve as a binding agreement valid from the date of use of the services
and until it shall be cancelled at the request of one of the parties (the "Agreement Term").
In the event that you request to cancel the Agreement, you must notify us of your desire to
cancel the Agreement to the following email address: [email protected]; in this event,
the cancellation shall enter into effect after Wemark shall send you a confirmation, within a
reasonable time, of receipt of the cancellation notice.
In the event that you choose to stop the services prior to full use of the advertising budget,
Wemark shall transfer, within 14 days from the date of your notice, a request to the credit
card company to refund to you the balance of the amount that was not used; in the event that
you choose to freeze the provision of services prior to full use of the advertising budget,
Wemark shall wait a period of 14 days, and in the event that you will not renew the services
Wemark shall stop the provision of services and shall transfer, within an additional 14 days, a
request to the credit card company to refund to you the balance of the amount that was not
used.
Wemark is not obligated to use the entire advertising budget or to continue to provide the
services until the entire budget is used; in the event that we shall cancel the Agreement, for
any reason whatsoever, we will endeavor to notify you by email of our intent to do so
immediately, and we will transfer a request to the credit card company to provide you with a
refund of the remaining amount.
It is clarified that in any event Wemark shall not return funds in respect of any advertising
budget that was actually used.
Limitation of Liability
Wemark shall not bear any liability relating to content and/or the services supplied by third
parties, including service providers, their content, reliability, exactness, and truthfulness nor
for any damage, inconvenience, loss or distress caused to you, directly or indirectly, as the
result of the use of the services; please note that Wemark shall not bear any liability
whatsoever in respect of illegal acts of users and/or any other party, which are not within its
full control.
Wemark shall use its best efforts to operate the services offered in a proper manner, without
technical faults and without disturbances; however, since the provision of the services is
dependent upon third parties, including other website operators, etc., it is possible that the
services will not always be free of disturbances and faults in their continuous operation; you
shall not have any claim, demand or complaint whatsoever against Wemark in respect of the
time in which advertisements shall not be presented and/or the management interface will
not be available, or in respect of any such faults or disturbances, including with respect to any
damage caused, directly or indirectly, as the result of such a disturbance or fault; Wemark
shall not bear any liability and/or debt in respect of the interruption, error or deletion of
material found on the various services and/or their content, and shall not be liable for any
damage, direct or indirect, caused due to the accessing of the services and the use of them or
due to any obstacle to accessing or using them.
Without derogating from the generality of the aforesaid, you agreed that the total liability of
Wemark to you, in respect of any damages, for any reason whatsoever, shall not in any event
exceed the amount equal to 50% of the amount actually paid by you to Wemark, if any; any
lawsuit and/or claim for damages must be submitted to Wemark, in writing, within 3 business
days from the date of termination of the provision of the services, otherwise Wemark shall
not be liable for any damage whatsoever; you can send your claim to: [email protected];
Wemark will evaluate the damage and decide in its sole discretion on the appropriate
compensation in respect thereof, subject to the liability limitation provided above.
Indemnification and Compensation
You hereby undertake to indemnify and compensate Wemark or anyone on its behalf, in
respect of any damage, expense or loss, direct or indirect, including legal expenses and
attorney fees, that shall be caused to it in relation to a breach by you of any provision of these
Terms of Use, or performance of any other act in violation of law in relation to the services.
Changes to the Terms of Use
Wemark is entitled to make changes to these Terms of Use at any time, in its sole discretion;
your continued use of the services after the performance of such changes to the Terms of Use
shall evidence your agreement and acceptance of the new Terms of Use; if you do not agree
to any of the new Terms of Use, you must abstain from continuing to use the services offered.
Jurisdiction and Governing Law
Exclusive jurisdiction to resolve any dispute and/or disagreement relating to the services,
Wemark and/or the Terms of Use, shall be before the competent courts in Tel Aviv-Jaffa,
Israel; the law that shall govern any such dispute or disagreement in connection with the
services shall be the laws of the State of Israel only.
Contacting Wemark
Wemark does not undertake to provide telephone service to users of its services; for any
questions and/or requests relating to the services provided and the Terms of Use thereof,
including the Privacy Policy, you may contact us at the following address:
[email protected], or by means of the management interface on the Website through
which you purchased the advertising package.
Privacy Policy
Wemark honors your privacy and undertakes to make maximum efforts to protect your
privacy. The purpose of this Privacy Policy is, among other things, to explain the procedures
of Wemark relating to the privacy of its customers, and how it uses the information provided
to it by users or collected by it as part of the provision of services.
Identification of user
We identify users of our system by means of an email address and password, Facebook
account or Google account; accordingly, access by an unauthorized party to such addresses
and accounts is likely to enable such party to abuse the account; we entreat users to protect
their email address and account by security means such as a password, in order to protect
their privacy and prevent unauthorized use of the Wemark services.
Types of information
This Privacy Policy relates to two distinct types of information. "Personal information" is the
entirety of data that is likely in itself, or when found next to other data, to be used to identify
a person, including first name, family name, residential address/mailing address, profile
picture, email address and any other private detail that you shall provide to Wemark at the
time of use of the services; the personal information that you provided to Wemark (other than
details relating to payment processing, as detailed below) shall be maintained in a secured
database by Wemark and access to it shall be limited; furthermore, information regarding
specific uses that you made by means of the Wemark services, will also be collected by means
of the service and shall be deemed part of such "personal information".
As opposed to personal information, "statistical information" is information that includes
various data that are not identifying and cannot bring about the exposure and discovery of
the source of the data. The statistical information collected by us and by third parties is likely
to include information regarding your patterns of use of the service, the services which you
requested, the geographical location of the device from which you used the service, etc. The
statistical information collected by the service and in certain circumstances by third parties is
stored separately from the personal information about you, and its usage is different from the
use made by Wemark of personal information, all as described below.
For the avoidance of doubt, all statistical information that relates to or is linked to personal
information shall be deemed personal information, for so long as this connection exists.
Provision of information and collection of information
At the time of provision of the personal information to Wemark, you must make sure to
provide correct, complete, accurate and non-deceptive details. Please note, you are not
obligated to provide such personal information, however be aware that without the provision
of such personal information, it is possible that Wemark will not be able to provide you with
the requested services, including making contact with you. To the extent that there will be
changes to the personal information that you provide for your account, you will be able to
update such data.
Use of information
A. Wemark will use the personal information that you provided and/or statistical
information collected by it for purposes of provision of the services, and for purposes
of changing and approving content and the services such that they will be suited to
the character of the users, including their actual preferences, as reflected from the
analysis of the statistical information that Wemark shall collect regarding patterns of
usage on the service.
B. Wemark shall use the personal information that you provided in order to contact you
as needed by means of email and/or text messages according to the details that you
provided at the time of the registration in connection with your use of the service,
and/or to send you messages from time to time, as well as updates of special offers
and improvements to the services provided and/or the products offered which we
believe you may find interesting (hereafter: "Regular Updates"). The continued use
of the account and your general agreement to this Policy constitutes your agreement
to receive Regular Updates in accordance with Section 30A of the Communications
Law (Telecommunications and Broadcasting), 5742-1982. Please note that subject to
provisions of this law, you can elect at any time to cease to receive Regular Updates
as aforesaid by means of deletion of your details from the mailing list of the service.
This may be done by sending a request to be removed from the mailing list via email
to the address: [email protected].
C. Wemark will use the statistical information collected and stored by it for its internal,
marketing and commercial purposes, including to ensure operation of the service and
its development, to improve the structure of the services provided, etc.; in this regard,
Wemark may engage third parties for purposes of collecting and analyzing the
statistical and anonymous information in order to study usage patterns of yours and
other users, in a manner that will not identify you and/or the other customers of the
service in a personal manner.
D. Wemark is entitled to use the information that you provided or information that it
collects for any other purpose relating to the supply of the Services, including for any
purpose described in this Privacy Policy and/or in other provisions of the Terms of
Use.
E. Any use of personal information mentioned in Sections A-D above also applies to
delivery of personal information by Wemark to entities related to Wemark, including
a parent company, subsidiary or controlled company.
Delivery of information to third parties
Personal information – Wemark shall not deliver personal information to third parties
except in one of the circumstances detailed hereinbelow:
a. If Wemark requested your permission, and you provided your express consent
thereto;
b. If the delivery of the personal information is to representatives of Wemark and/or
someone acting on its behalf, and to the extent required and necessary for
purposes of supplying the Services and operating the service;
c. In order to comply with any law, including in response to a legal proceeding,
discovery order or request of a court or any other authorized tribunal or authority,
which directs Wemark to deliver your details or personal information about you
to the court or tribunal or other authority or to any third party;
d. In the event of a legal dispute between you and Wemark that will require
disclosure of your details;
e. If you shall perform actions by means of the service that in the view of Wemark
violate law or contradict the Terms of Use; and
f. If Wemark shall sell its activities, in whole or in part, to any third party, whether
or not for consideration, whether by means of an assignment of rights or by
provision of a license or sub-license – and in the event that Wemark shall merge
with another entity or shall merge its activities with the activities of a third party,
provided that such third party shall be required to fulfill all of the provisions of
the Terms of Use, including the Privacy Policy.
Statistical information – Wemark may transfer statistical information, with or without
consideration, to third parties which whom it is engaged in business or other relations,
including companies engaged in analysis of anonymous statistical information for purposes of
improving the Services offered, or for other purposes, in Wemark's sole discretion.
Please note: We will not collect personal information about you without your consent, which
was given, inter alia, by your acceptance of the Terms of Use.
You are not obligated to deliver personal information pursuant to law. You hereby agree and
represent that the personal information that you supply to us is given of your own free will,
in order that we may supply you with the services and therefore you agree that we will store
the information that you provided to us in a database which may be registered in accordance
with requirements of law.
Cookies and local storage
At the time of use of the service, Wemark or third parties may use technology that is
customary in the industry known as "cookies", that store certain information on the computer
of the user, which enables Wemark to operate certain attributes automatically, and improves
the user experience of the Wemark services. The cookies will assist Wemark to enable the
operation of an automatic process for connection to the service.
The majority of internet browsers enable users to delete cookies from the user's device, to
block receipt of cookies or to receive notices before the storage of cookies. However, it should
be noted that, if the user deletes the cookies or does not enable their storage, the online
experience of the user via the service will be limited.
Right to delete information
If you wish to delete personal information about yourself from Wemark's database, you can
contact Wemark at the following email address: [email protected]. Please note, the
deletion of such information may prevent Wemark from supplying you with the services, in
whole or in part. If you will request that Wemark delete personal information about you,
Wemark reserves the right to transform the personal information into statistical information,
which will not enable your identification.
Links to third party websites
Certain links included in the service enable users to access websites or services that are not
related to Wemark. These links are offered for your convenience only. These websites and
services are not controlled by Wemark, Wemark is not responsible for their availability, does
not endorse them, is not responsible for any of the content (including advertisements,
products and other information) that appear on them or that are ordered through them
(including links included in them), and is not responsible for the privacy policy or other
practices appearing on them or customary to these third parties. Your entering into, using
and reliance on such websites, services and content and any interaction between you and
these third parties is at your responsibility, and you alone shall bear any expenses relating
thereto. Wemark reserves the right to cancel or delete any link at any time. You agree and
confirm that Wemark shall not be liable, directly or indirectly, for any damage or loss that is
caused, in relation to or as a result of any service, content, product or other information
available by means of these websites or services.
Information security
Wemark implements current information security systems and procedures. You should note
that although these systems and procedures reduce the risk of unauthorized penetration to
Wemark's computer systems and servers, they do not provide absolute protection against
hacking and/or such unauthorized access. Therefore, Wemark does not undertake that its
Services will be totally resistant to penetration or unauthorized access to information stored
on Wemark's computer systems. Furthermore, you must guard your user name and password
to the service, and avoid disclosing them to any other person and you should make sure to
change your password every few months.