Last Revised: 8/12/2015
Welcome and thank you for choosing to use Nextopic!
Below we have listed important legal terms that apply to anyone who visits our website or uses our services (collectively, the “Services”). These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
Purpose. We’ll start with the basics that should help you understand these terms. Nextopic is a free service of electronic email messages and newsletters. The Services are designed to allow its users, and especially those who are not graphic designers or marketing professionals, to create, send, and manage beautiful and engaging email messages and newsletters by utilizing their own content together with content and features offered by Nextopic and others via the Services (each such message or newsletter which you or anyone on your behalf will create, send or manage by using the Services- “Your Email”). The Services are available through www.nextopic.com (“Website”).
USE OF THE SERVICES
By using the Services and accepting these Terms you warrant that you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, have validly entered into these Terms and have the legal power to do so for yourself or on behalf of the person or entity committed by you to the Terms. You understand that Nextopic does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Services or to any of recipients of Your Emails (“End Users”), or your compliance therewith. You won’t use Nextopic in a way that violates any laws or regulations. Nextopic may refuse service and/or change eligibility requirements at any time.
You agree and undertake to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), specifically including the terms and provisions of national anti-spam laws applicable to us; depending on where you operate, you may be subject to additional anti-spam laws in force in certain countries, including those specific laws applicable to your End Users (collectively, the “Anti-Spam Laws”). It is your sole responsibility to determine whether you are subject to any Anti-Spam Laws, and if you are, to be compliant with same. Accordingly, (i) you warrant that you have obtained the explicit, written, advance permission of each End User to receive Your Email and (ii) undertake that each of Your Emails shall prominently and clearly contain: (a) the right of the recipient to unsubscribe, including a valid one-click unsubscribe link; (b) the name, address, telephone number, fax and email of you and (c) the word “advertisement” in the subject heading;
be solely responsible and liable with respect to any of the uses of the Services by you, or any party acting on your behalf, and for any of Your Content (as defined in Section 3 below) (including for any consequences of using or publishing Your Content on or with respect to the Services);
receive from time to time promotional messages and materials from Nextopic or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow us to use in perpetuity, worldwide and free of charge, any Your Email, generated by our Services (or any part thereof) for any of our activities including marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Nextopic or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to Your Email including template thereof with respect to such uses;
upon our first notice for any reason whatsoever, or upon your knowledge that any Licensed Content (as defined in Section 2.3.6 below) may be subject to a claim of infringement of another's right for which we may be liable, immediately and at your own expense, to (i) stop using the Licensed Content; (ii) delete or remove the Licensed Content from your computer systems and electronic storage; and (iii) ensure that your clients do likewise.
You agree and undertake not to:
use any of the Services to send Spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar, or otherwise violate the Anti-Spam Laws. By “Spam” we mean the definition on the Spamhaus website;
Put into Your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone's rights or that shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval. That includes text, photos, graphics, and other Content;
Use the Services to send anything offensive and/or illegal, to promote anything illegal, or to harass anyone;
Offer the following types of services: Pornography, nudity or anything sexually explicit; Escort and dating services; Illegal goods or services; Pharmaceutical products; Nutritional, herbal, and vitamin supplements; make money on online, and lead generation opportunities; Online trading, day trading tips, or stock market-related content; Gambling services or products; Multi-level marketing; Affiliate marketing; Credit repair, mortgages and/or loans; List brokers or list rental services; Any illegal and/or immoral services, products, or content; Any other Content that we deem inappropriate.
Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service;
Copy, modify, create derivative works of, decipher, decompile, disassemble, or reverse engineer the Website, any of the software on our Website or any of the software used or downloaded from Chrome Web Store and related to the Services, any application which is contained in or is a part of the Services or any part thereof, including any mobile application and in particular the Nextopic mobile application, any Content offered by us or Third Party Services for use and/or display by you solely within the limitations of the provisions hereof, including the newsletters templates, images and otherwise (the “Licensed Content”) and/or any part thereof, in any way, or publicly display, perform, transmit, produce, distribute or resale any of the foregoing, on any medium, without our prior written consent and/or as expressly permitted under these Terms;
use any automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data);
Use any of the software on our Website, or downloaded from Chrome Web Store or the Nextopic mobile application, to create a competing product;
Use multiple Email accounts in order to send similar Content;
Upload or send to purchased lists, rented lists, or third-party lists of any kind, other than those third-party lists obtained by you in accordance with the provisions hereof;
Send Content created by our Services through another service;
Host Your Content on our servers for any purpose other than for use in your email campaigns;
act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm;
reverse look-up, trace, or seek to trace another user of the Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or Website without their express and informed consent;
probe, scan, or test the vulnerability of the Services or any network connected to the Services;
upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any viruses, worms, malware, Trojan horses or other harmful or destructive content;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by these Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights, contained in or accompanying the Services and/or Licensed Content; or
violate attempt to violate, or otherwise fail to comply with any of these Terms or any laws or requirements applicable to your use of the Services.
use the Website, the Services and/or any content thereof, including, but not limited to, the Licensed Content for any purpose other than to manage, create and send Your Emails to End Users in accordance with these Terms.
We reserve our right to immediately terminate any Services provided to you hereunder upon your incompliance with any of the aforesaid obligations or any misrepresentation made by you herein, with or without further notice to you.
Services may be subject to other limitations and restrictions, including, but not limited to, limitations imposed by the external service providers such as, for example, our or Google Apps email sending or receiving limits.
You agree and acknowledge that we have not made any representation or warranty that your use of the Licensed Consent or any part thereof will not infringe or violate any intellectual property rights or copyright rights or interests of any third party. By using the Licensed Content you represent and warrant that you will carefully review the Licensed Content used by you and report us on any item thereof which you believe or have reason to know or suspect may infringe upon or violate any such rights.
If you post and/or upload any material to the Service for use in Your Emails or otherwise make (or allow any third party to make) any material available by means of the Service (any such material, “Your Content”), you assume sole responsibility for any such Your Content you post and you alone are liable for the consequences when you post Your Content. By making Your Content available, you represent and warrant that:
you own all rights in and to Your Content, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to Your Content, as necessary to legally use, publish, post, make available transfer or license any and all rights and interests in and to such Your Content; without derogating from the foregoing, the downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to End Users any required terms;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of Your Content, and you will adhere to all laws applicable thereto;
Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Your Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Your Content (including the Emails) is not misleading your readers into thinking that you are another person or company.
Finally, you understand and agree that Nextopic, in performing the required technical steps to provide the Services to you, may (but in any manner is not obligated to nor make any representations that it is able to) make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
We may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Services, or perform certain functions associated with the operation of the Website or the Services, and you hereby agree with such third party involvement.
You may improve Your Email and/or your comprehensive experience as a user of the Services by engaging certain third parties or obtaining such third parties’ products, services (including implementation, customization and other consulting services), content (including templates, images and otherwise) and tools, which may also interoperate with the Services (all the above collectively, “Third Party Services”).
In this regard, you understand and agree that regardless of the manner in which we make such Third Party Services available to you, we act only as a platform that enables such interactions between you and Third Party Services providers, do not provide any Third Party Services and are neither responsible or liable for them in any manner whatsoever nor in any manner endorse any such Third Party Services. We are not a party to any relationship, interaction or transaction between you and any Third Party Services provider, including any purchase by you of such Third Party Services or any exchange of data between you and any Third Party Services provider. Accordingly, we do not observe and/or check the progress or quality of the Third Party Services obtained by you and are not responsible or liable for same.
You assume full and sole responsibility and risk with regard to any use by you of, or arising out of, such Third Party Services. You further agree and acknowledge that your use of such Third Party Services is subject to legal terms which govern such Third Party Services. We do not warrant or support any of Third Party Services.
If you enable Third Parties Services for use with Services, you acknowledge that we may allow providers of those Third Parties Services to access the data submitted by you to the Services, as required for the interoperation of such Third Parties Services with the Services. We shall not be responsible for any disclosure, modification or deletion of such data resulting from any such access by Third Parties Services providers.
While we hope to avoid such instances, we may, at any time and at our sole discretion, suspend, disable access to or remove from Your Email(s) and/or the Services, any Third Party Services – whether or not incorporated with or made part of your Email(s) at such time – without any liability to you or to any End Users.
The Services may contain features designed to interoperate with Third Parties Services (e.g., Google or other applications). To use such features, you may be required to obtain access thereto from their providers. If the provider of any such Third Parties Services ceases to make its Services or any part thereof available for interoperation with the corresponding Service features on reasonable terms, we may cease providing such Service features by our sole and absolute discretion.
LINKS AND COMMERCIAL INFORMATION
Our Services and/or Website may include commercial information or advertisements (“Ads”). We reserve the right to include the Ads promoting us, the Services and the Website to Your Emails. In the event the Ads originate from third parties, provisions of Section 4 above shall apply. We neither recommend nor encourage you to consume the goods or services promoted by the Ads, regardless of the content thereof. However, you assume full and sole liability with regard to your reliance on the Ads or use of any goods or services promoted by them, and we will not be liable for any form of liability, including any direct or indirect damage of any kind whatsoever, in connection thereto.
From time to time, and in our sole discretion, we may (but in no manner obliged to) establish and/or maintain an organization and process to provide assistance for the Services to you, and/or their implementation and/or maintenance (“Support”). We solely will determine the exact scope of the services to be included in the Support, once and if established, as well as on the manner and medium for rendering the Support services to you, the number of Support personnel and the time frame for providing the Support services (if at all). If you want to use our Support services, if any, please contact our support team and provide us all data that is relevant for resolving each support request as requested by us. At any time, and in our sole discretion, we may temporarily suspend or terminate the Support services, in whole or in part.
It is your sole responsibility, at all times, including specifically during all Support functions performed by us in accordance herewith, to protect and maintain an up-to-date and restorable backup of any and all databases, files, utilities, software and other systems which our support team may directly access or in connection with which our support team may offer advice.
All rights, title and interest in and to the Website, the Services and databases and any software thereto, including without limitation any trademarks, trade names (including ‘Nextopic’ and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, Email templates, source and object code, computer code, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, logos, trademarks, copyrights, industrial designs, patents, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are exclusively owned by and/or licensed to Nextopic and are protected by applicable copyright provisions of any applicable law.
Subject to your full compliance with these Terms, we hereby grant you, upon creating your account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of creating and sending Your Emails to End Users and managing thereof, solely as expressly permitted under these Terms, and solely within the Services.
These Terms do not convey you any right or interest in or to our Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of our Intellectual Property rights under any law.
For the purposes of our relationship, you must own, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority to use, all intellectual property pertaining to Your Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant Nextopic a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use Your Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified in Section 2.2.4 above.
All copyright rights and interests in and to the Services, the Website and any software thereto are our property. Without derogating, these rights and interests are protected, by international and applicable national copyright laws. “Nextopic”, the Nextopic logo, and any and all other trade and/or service marks which are or will be related to the Services, the Website and any software thereto, are our property., and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without our prior written consent.
The design, trade dress, and the ‘look and feel’ of the Services are protected works under applicable copyright laws and we retain all intellectual property rights in them.
We may protect the Services by technological means intended to prevent unauthorized use of the Services. You undertake not to circumvent these means. Without derogating from our rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by us to protect the Services from unauthorized use, you must immediately cease any and all use of the Services, and you undertake to do so.
We may use and disclose your information according to our Private Policy, which constitutes an integral part of these Terms.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY AN APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF OR AFFILIATED WITH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF; (3) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY LICENSED CONTENT OR FROM YOUR RELIANCE ON THE LICENSED CONTENT; (4) ANY SUPPORT-RELATED ACT OR OMISSION; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION PROVIDED BY YOU; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (7) YOUR VIOLATION OF ANY APPLICABLE LAW INCLUDING BUT NOT LIMITED TO ANTI-SPAM LAWS, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; (8) YOUR CONTINUED USE OF LICENSED CONTENT FOLLOWING OUR NOTICE REQUESTING YOU TO STOP SAME, OR UPON YOUR KNOWLEDGE, THAT LICENSED CONTENT IS SUBJECT TO A CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT AND/OR (9) EVENTS BEYOND THE REASONABLE CONTROL OF SENDTU, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICES AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. NEITHER THE SERVICES NOR THE CONTENT THEREOF CAN BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THEIR CONTENT AND ANY PART THEREOF INCLUDING BUT NOT LIMITED TO THE LICENSED CONTENT, THE SUPPORT AND THE RESULTS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, COMPATIBILITY, PERFORMANCE, INFORMATION CONTENT, SECURITY OR ACCURACY. IN PARTICULAR, EMAIL DELIVERY TO THE RECIPIENT INBOX IS NOT GUARANTEED. MOREOVER, WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY SERVICES) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Services, and you further agree and acknowledge that your use of or reliance on the Services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including Anti-Spam Laws) while using the Services. Notwithstanding anything to the contrary in the foregoing, in no circumstances shall we be considered as a “publisher” of any of Your Content, does not in any way endorse any of Your Content, and assumes no liability for any Content uploaded, posted, published, mailed and/or made available by you or any other user of the Services or any other party on and/or through the Services. Furthermore, we shall not be liable for any inaccurate and/or unlawful and/or infringing Content you or any other party may encounter.
We exert efforts to provide you with a high quality and satisfactory Services. However, we does not warrant that the Services will operate in an uninterrupted or error-free manner, or that they will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, originating either in our or any of our providers.
We do not recommend the use of the Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this BETA stage signifies your agreement to participate in such Services’ BETA testing.
Interruptions. You acknowledge that: (i) the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”).
No Liability. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption
Notice of Interruption. To the extent we are able, we will (but are not obligated to) endeavor to post updates on the Website, regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so
TERM AND TERMINATION
Term of Agreement. The Term begins when you sign up for Nextopic and continues as long as you use the Services. We may terminate your access to all or any part of the Services at any time, at our sole and absolute discretion, with or without cause, with or without notice, effective immediately. You may terminate your use of the Services at any time and for whatever reason. You are not obligated to advise us of such termination. However, if you would also like for us to delete your Nextopic account and your personal information contained in the account, please uninstall our plug-in using the extensions manager of your Chrome browser. On receiving such a request, we will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time
Termination of Service. We may, at any time, terminate the provision of the Services in their entirety or any part thereof, temporarily or permanently, as well as add or create new limits to our Services, at our sole discretion.
Account Inactive. If you do not log into account for more than 6 months, we reserve the right, at our sole discretion, to classify the account as inactive and terminate it.
Survival. All provisions of these Terms which by their nature should survive expiration or termination shall survive the expiration or termination of these Terms and/or the Services and/or your account, including, without limitation, all ownership provisions, warranty disclaimers, limitations of liability and indemnification obligations contained herein.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Nextopic user, we want to hear about it. Please report it to our abuse team.
Modifications and Updates. We may modify, change, suspend or terminate any of the Services or any features thereof, including for the purpose to comply with the policies of our external service providers, and/or change any of these Terms - at any time and in any manner, including by charging fees for the Services, as determined in our sole discretion. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms.
Governing Law and Jurisdiction. These Terms, your use of the Services, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and thereto, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel, without respect to its conflict of laws principles. The courts located in Tel-Aviv-Jaffa, Israel shall have sole and exclusive jurisdiction with regard to any and all such claims and disputes. Each party hereby expressly consents to personal jurisdiction in Israel and expressly waives any right to object to such personal jurisdiction or the convenience of such forum. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded
Notices. We may provide you with notices in any of the following methods: (1) via the Services; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Export Compliance. You agree to comply fully with all U.S. export laws and regulations. You agree you are not located in, and will not export nor re-export the Services or the Content to, any U.S.-embargoed country. You further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
Relationship of the Parties. These Terms, as well as your use of the Services, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and us.
Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
Assignment. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without our prior written consent.
Amendments. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Services (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Interpretation and headings. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing thereof. In these Terms, the word “including” is used illustratively, as if followed by the words “but not limited to”. These Terms were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your language settings in our website. If a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.
Contact Us. You may contact us concerning any question about the Services, through the channels listed on the “Contact Us” page on the Website. You may also contact us by mail at: 18 Hahashmal Street, Tel Aviv 65117, Israel.
Last Revised: 8/12/2015
Welcome and thank you for choosing to use Nextopic!
By using our Services or Website you unconditionally agree, without any limitation or qualification, to be bound by this Policy and the practices described herein and in our Terms.
In order to keep pace with changes in the Service, our business and applicable law we hereby reserve the right, in our sole and absolute discretion, to change, modify, add to or remove this Policy or any part thereof, at any time, by posting a revised version of this Policy on the Website, and this will be reflected by a “Last Modified” date above. Your continued use of the Website and/or the Services after the post of any revised version of this Policy shall be deemed your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them. If you do not agree to this Policy or to any revised version of it, you should cease using the Website and/or the Services immediately.
WHAT INFORMATION IS BEING COLLECTED
Information You Provide to Us: As an online services provider, as well as a website operator, we are collecting the personally-identifying information you are providing to us by using the Services, visiting the Website and communicating with us, including your IP address, name, email address, address book and other details, as well as non-personally-identifying information, such as the browser type, language preference, referring site, information about the device on which you have installed our software etc. By using the Services and/or visiting the Website, you agree to your information being collected, used, disclosed, and stored by us, in accordance with the Terms and this Policy.
Mailing List: we collect and store the data related to the mailing lists added by you using the Services. We never rent or sell these lists or the data that comprise them, or share them unless required by law.
Emails: We have access to the content of your emails created using the Services. Please do not include confidential content therein.
Your Use of Services: We may collect information characterizing your use of the Services, including your IP address, time, date, browser used, and actions taken by you within the application.
Clear Gifs: In order to measure the performance of email campaigns and improve our Services, we may include electronic files called clear gifs or web beacons in the Emails created by you using the Services, as well as in emails we send to you. Web beacons allow counting users who have visited certain page or accessing certain cookies. We may tie the information gathered by web beacons to your personal information. We use the data from those web beacons to prepare and provide you with the reports reflecting who has or hasn’t opened your Emails or clicked links. We prepare similar reports based on our emails sent to you, so we may collect and review that information.
Customer Testimonials: We post customer testimonials/comments/reviews on our Website which may contain personal information. We obtain the customer’s consent to post his name along with their testimonial. If you post a comment or other content to a public area of our Website or Services, that comment may be viewed by other users, as well as visitors to our Website, and we cannot prevent that content from being used in a manner that violates this Policy.
USE AND DISCLOSURE OF INFORMATION
We, including our contractors, advisors and partners, may use and disclose information collected from or provided by you for the following purposes:
To provide you with the Services;
To support, handle breakdowns and malfunctions and improve the Services we offer, develop new ones, and customize your experience with the Service
To send you updates, notices, announcements, and additional information related to the Services;
To promote use or continued use of our Services, including sending you informational and promotional content. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email;
To facilitate communication between you, us and other users of Services;
To offer or provide the Services jointly with third parties. In such case we shall provide clear disclosure of such third parties involved in providing such Services, and we shall be entitled to share your customer information with such third party in connection with your use of such joint Services;
To prevent spam, fraud, infringement and abuse and other misuse of the Services;
To enforce our Terms or any applicable law. We, our employees or contractors may review your Content and/or Emails in order to confirm their compliance with our Terms;
To comply with legal requirements and orders of courts and law enforcement agencies. We do not reveal information until we have a good faith belief that an information requested meets applicable legal standards;
To take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with respect to, or in relation with the Services or the Website;
For statistical and analytical purposes, including conducting surveys and questionnaires (the “Analytical Data”). We may use parts of Analytical Data that do not personally identify you for any promotional or commercial purpose, including sharing with service providers. We will not sell or trade any part of the Analytical Data that personally identifies any users of Services;
In any case in which the ownership of our business shall change, including a change in ownership due to a sale, merger or transfer of assets, in which event we shall notify you accordingly.
By using our Services or Website you acknowledge and agree that you are not legally required to provide us the aforesaid information, that you agree to provide such information and that such information is being provided by you voluntary further to your own free will to receive the Services from us or from any third party on our behalf. You further agree and acknowledge that the information collected from or provided by you shall be entered and stored in whole or in part in our databases and/or any third party on our behalf, and we will have a right to use such stored information for the purposes outlined in this Policy.
You agree and acknowledge that we are entitled to use the information collected from or provided by you, inter alia, to approach you with proposals for additional services and/or products, provided by us or by third parties, including among other by means of emails, SMS etc.
We require all users of the Services to include a clearly articulated option to unsubscribe from the mailing list in all permission-based marketing e-mails, in accordance with the provisions of applicable law and the Terms.
PUBLIC INFORMATION AND THIRD PARTIES
Public Information. We are not responsible for the privacy of any personal information you reveal or post in any public area of our Website or Services.
Third Parties. The Website may contain or present third party links to third party sites or services, including social media features, like the Facebook Like button – all of which are not owned or controlled by us and whose privacy practices may be different from ours. Though we collect certain parameters related to your interactions with these third-party services (as detailed in this Policy), we are not responsible for the privacy practices of such third party sites or services and this Policy does not apply to them. Please refer to the privacy policies of those other sites and services, to determine whether their privacy practices are acceptable to you.
Service Providers. Our service providers may have access to your personal information and/or Content, on need to know basis, if same is required to provide the Services. This will be done securely and confidentially and only to the extent permitted under applicable data protection laws.
CONTENT OF EMAILS
You should comply with the requirements of applicable law and the Terms for your Emails, and your Content contained therein. We reserve out right to review your Emails and Content, from time to time and by our discretion, including by our employees and independent contractors, to assure your compliance therewith.
Please remember that emails (and our Services) are not designed for transmission of confidential information. If you have something confidential to send, please don’t use our Services and Website.
We store your Emails’ addressees’ lists on a secure server. We do not sell or rent such lists, contact such addressees, market to them, or share your lists with any other party, unless required by law. If someone on your list contacts us directly, we may then communicate with him directly.
We implement common administrative, technical and physical safeguards to reduce the risks of unauthorized access, use, modification and disclosure of personally-identifying information in our custody and control. These measures do not provide and we cannot guarantee absolute immunity from disclosure, abuse and misuse and you cannot reasonably expect this.
Minors under the age of 18 are not permitted to use the Website or the Services. If you believe that a child has submitted Personal Information on or through the Website without the consent and supervision of a parent or guardian, please contacts us. Please see the Terms for additional information regarding this.
CONTACTS AND ABUSE
If you have any questions concerning this Policy, please contact us via email at email@example.com.
If you think anyone is compromising your privacy using the Services, please notify us immediately at firstname.lastname@example.org.
COMPANY'S DATA PROTECTION OFFICER
The Company has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following email address: datapo@Nextopic.com.