FORTVISION LTD makes available the the platform which provides functionality for creating, distributing, embedding and sharing interactive content and advertisments on websites and apps offered by online content publishers, sellers or influencers (the “Customers“). These Terms and Conditions ("TOC") govern the implementation and use of the Platform by any Customer and describe the terms and conditions under which FORTVISION offers to Customer or other entities, access to the Platform and/or to any related website, application (mobile or desktop), service on or to which these Terms and Conditions are linked or referenced (the “Services”).
Subject to the terms and conditions hereof, FORTVISION (a) provides Customer with a non-exclusive license during the term of the parties’ engagement to use the Platform and Services and implement the Platform and/or SDK and/or JavaScript on the Customer Site and (b) shall allow Customer to access and use the Platform during the Term on a non-exclusive basis. FORTVISION may also provide the Service by way of cloud-based service, in which case, all references herein to SDK license shall be irrelevant. Customer shall use the Platform only to display Content on its own Sites or display Content on the Internet websites of any third party. Customer will clearly and conspicuously identify or label all content provided through the Platform (including any recommended or promoted content) in accordance with all applicable laws and regulations.
In order to use the Platform, Customer will be required to register with FORTVISION. Customer must provide all information as requested by FORTVISION in the registration process, and Customer represents and warrants that all such information shall be accurate and complete. Customer shall keep such information up-to-date. Customer shall immediately notify FORTVISION if there is a security breach of its account. Customer is responsible for all uses of its account, including by any unauthorized users.
In these Terms, “Customer” refers to any third party that downloads, implements or makes use of the Platform and/or the Services.
“Customer Site” refers to any website, application, mobile app or other online presence offered by the Customer where the Platform can be shown or used in accordance with the TOC.
The Services are subject to these TOS and all applicable laws, rules, and regulations. We invite you to read these TOS carefully and contact us with any questions you may have regarding the Services we offer.
These TOS may be modified by us at any time. You can review the most current version of these TOS on our website. We invite you to periodically check for changes and/or updates to these TOS.
The Platform or Services may allow Customer to post or upload content to be included in the interactive templates provided as part of the Platform. In these Terms, “Content” includes any material or content that is created, uploaded, transferred, posted or made available by a Customer through the Platform or Services, including any textual, graphic, visual or audio content. Customer shall remain at all times solely responsible for its Content. Customer represents and warrants that no Content infringes the intellectual property rights, privacy rights, moral or other rights or any third party or violates any applicable law. FORTVISION reserves the right, at its sole discretion, to remove (or caused to be removed) any Content if it has good reason to believe, at its sole discretion, that such Content violates these TOC or terminate any account that repeatedly posts Content in violation of these Terms, without prior notice. FORTVISION does not claim ownership of Customer's Content. However, by sending any Content automatically grants FORTVISION a worldwide, non-exclusive, royalty-free, sub licensable and transferable perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record, perform, display and reproduce such Content including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created, including without limitation, for the purpose of improving and/or commercially promoting FORTVISION or the Platform. Customer will not post or make available any Content that: (a) posts, stores, transmits, offers, or solicits anything that contains, or that it knows contains links to: (i) offensive material (including material promoting or glorifying hate, violence, bigotry, or links to any entity principally dedicated to such causes or items associated with such an entity); (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (iv) any security hole, virus, worm, Trojan horse, or other harmful or disruptive component; (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; (b) Obtains or solicits another person’s password or other personal information under false pretences; (c) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (d) Infringes (or results in the infringement of) the intellectual property, moral, publicity or privacy rights of any third party; or (e) Is (or Customer reasonably believes to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or Customer reasonably believes to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.
The Platform and the templates provided therein may have 3rd party features, tools, services and/or content available for Customer’s use (“3rd Party Tools”), as may be added, removed or altered from time to time, at FORTVISION’s sole discretion. Such 3rd Party Tools, may include, without limitation, images, GIFs, videos, animations and other forms of content. Although FORTVISION has the licenses and permissions to make such 3rd Party Tools available via the Platform, the integration and use of such 3rd Party Tools are made at Customer’s risk and responsibility, and it is highly recommended that before using any of 3rd Party Tools, you will check their own terms and conditions to ensure compliance of your specific type of integration. For your convenience, FORTVISION will provide an attribution for each of such 3rd Party Tool, and when required by them, will include required credits.
FORTVISION and Customer may agree from time to time on manners of monetizing the Platform, such as by delivery of advertisements, promotional material, etc. Any such agreement requires a prior written agreement between the parties (a “Monetization Agreement“).
Under no circumstances may Customer commercialize the Platform in any way absent a fully executed Monetization Agreement or without otherwise getting FORTVISION’s prior written approval. Such restriction specifically includes (but not limited to) a full restriction on displaying any advertisements or using any Content in any manner that is for the benefit of any third party, such as Content that is promotional, commercial in any way, or which may refer visitors to websites of others, etc.; all whether or not any such third party specifically pays Customer or provides Customer or makes available to Customer any benefit of whatever sort or kind.
Under no circumstances may Customer, using the Platform, place any ads without the prior written consent and approval of FORTVISION.
Notwithstanding anything to the contrary herein, FORTVISOIN may, regardless the existence of Monetization Agreement, from time to time, display ads and/or other promotional content provided by FORTVISION's 3rd party advertisers on the Platform, in cases where the Platform is used by Customer for no charge or payment whatsoever. Customer agrees that in which case, FORTVISION shall have no monetary or other obligation toward Customer with respect to such promotional content, unless otherwise agreed between FORTVISION and Customer.
The Services are partly offered based on the collection of information through cookies and other automated means of data collection. We want to be as transparent as possible and have described the ways in which we collect your information and make use of these cookies and other automated means of data collection in our Privacy Policy and Cookie Policy, respectively. We encourage you to read these documents as they contain important information.
Customer at all times shall maintain updated privacy policies on the Customer Site, such privacy policies shall comply with applicable law and regulations. Customer’s privacy policy shall clearly explain how Customer collects, uses, stores and distributes any data collected from end users of the Customer Site(s). Without limitation, Customer assumes sole responsibility for providing any notices to users and obtaining any user consents that may be required under applicable privacy, data protection and/or other laws, in order to enable FORTVISION to collect and process information as described in these TOC and the FORTVISION Privacy Policy. Without limitation, Customer is obligated to notify the user of the Customer Site regarding the use of cookies in accordance with applicable laws, and Customer shall in particular notify the user that it has implemented the Platform and shall provide a clearly visible hyperlink to FORTVISION’s current privacy policy, which FORTVISION may amend in its sole discretion.
The following is suggested language which Customer may include in Customer’s privacy policy in order to notify users of Customer’s use of FORTVISION and FORTVISION’s use of personal information:
“On our website we implement interactive content (including but not limited to: online quizzes, questionnaires, feedback applications or other features) provided to us by FORTVISION Ltd. ("FORTVISION"). If you decide to interact with in any such content, FORTVISION may collect certain information that may qualify as personal information under applicable data protection law. For further information regarding FORTVISION’s collection of data by cookies and the use of collected data, please refer to FORTVISION’s Privacy Policy at: https://FORTVISION.com.”
Customer is aware of, acknowledges and agrees with FORTVISION’s collection, use and storage of data as set forth in the FORTVISION privacy policy. All data collected via the Platform shall be exclusively owned by Licensor.
Our Services are offered on third-party sites, websites, or applications and/or may link to content and products provided on those. These sites, websites, or applications will likely contain policies offered by the third parties concerned, such as terms of use, privacy policy, and other. We recommend you to read these policies as well but we note that we are in no way responsible for the accuracy, completeness, and lawfulness of these policies. We recommend you to contact the third party concerned should you have questions in relation to those policies.
The Services are offered to you as a result of an agreement between us and our Customers. You understand that we may modify or discontinue the Services or any of its features at any time in our sole discretion without any responsibility or liability to you. Moreover, you are not entitled to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services except in FORTVISION's sole discretion.
Title, ownership rights, and intellectual property rights in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with FORTVISION. You do not acquire any right, title, or interest in any content on the Services by virtue of accessing the Services or using them as permitted under these TOS.
No license to use or reproduce any logo or trademark included on the Services is granted to you by these TOS or otherwise. The trademarks, logos, service marks, and business names displayed on the Services are protected, whether or not they are registered. Any unauthorized use of content or information posted on or through the Services and any unauthorized reproduction, retransmission, or other use of any part of the Services may infringe our, or third parties’ copyrights, trademarks, privacy, publicity, or other rights.
To the extent technically possible, and without prejudice to the generality of other clauses in these TOS, you are explicitly prohibited to:
remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Services;
modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Services or any content contained therein;
impact the Services in any manner that could damage, disable, overburden, or impair the Services, FORTVISION, the third-party website or application on which the Services are available, or any other person or entity; or
collect any information (including, without limitation, email addresses) about other users of the Services or Customers; create or transmit unwanted electronic communications to other users of the Services or Customers; or otherwise interfere with such users' or Customers' enjoyment of the Services.
Unless otherwise expressly authorized in these TOS or on the Services, you may not take any action to interfere with the Services or any other user’s enjoyment of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Services without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Services.
Customer will not in any way be concerned, directly or indirectly, in fraudulent traffic. Fraudulent traffic includes, but is not limited to, using scripts or other devices to artificially inflate traffic counts, encouraging users to click on content or a banner or pop-under via points, inserting material on any page that automatically reloads or forwards to another page without interaction from the visitor of the Publisher Site or on pages not visible to the general public or other reward system, auto-spawning of multiple browsers and automatic redirects.
Customer is solely responsible for ensuring that any use of the Platform (including, without limitation, any use in the manner contemplated by any Monetization Agreement between FORTVISION and Customer) is in compliance with any applicable law and does not violate any third party rights.
You may not disseminate any material or content using the Services in any manner that constitutes an infringement of third-party intellectual property rights. It is our policy and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: copyright@FORTVISION.com.
If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
As between the parties, FORTVISION shall have all right, title and interest in the Platform and Services, and all software that provides the Platform, and all features, templates and content made available by FORTVISION to Customer through the Platform or Services. FORTVISION does not request feedback regarding the Platform or Services. Notwithstanding the foregoing, if Customer provides FORTVISION with any feedback regarding the Platform or Services, FORTVISION and its affiliates may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing in these TOC shall be interpreted to provide Customer any rights in the Platform or Services except the limited right to use the Platform or Services subject to the TOC hereof. As between the parties, Customer owns all rights in its Customer Sites and any content made available through the Customer Sites, and any Content provided by Customer to be made available to third parties through the Platform.
ALL PROVISIONS SET OUT BELOW IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
THE SERVICES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORTVISION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT PRESENTED IN THE SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FORTVISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FORTVISION DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE SERVICES. FORTVISION DOES NOT WARRANT THAT THE SERVICES OR SERVICES’ CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FORTVISION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.
FORTVISION EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL FORTVISION, ITS PARENT OR ITS SUBSIDIARY. CUSTOMERS OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICES OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED ONE US DOLLARS (US $1.00).
Neither party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such party.
To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify and hold harmless FORTVISOIN, its parent, subsidiary, and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your actions or omissions to act including without limitation (i) your violation of any provision contained in the TOS; (ii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right, and/or (iii) violations of any and all applicable laws, rules or regulations from any jurisdiction.
The Services, including content therein, may contain links to third-party sites, websites, or applications or may be available on third-party sites, websites, or applications. These links are provided as a convenience to you. FORTVISION does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright, or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. FORTVISION encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk.
FORTVISION reserves the right, at any time and in its sole discretion, to discontinue offering the Services in whole or in part and/or to restrict the offering of the Services to certain geographical regions, persons, or other predefined categories. In each event, even in case of discontinuance all written in this TOC will survive.
These TOS shall be governed by the laws of the State of Israel, without regard to its conflict of laws principles, unless otherwise stated by mandatory laws. Any action shall be brought exclusively in the court located in Tel Aviv and you hereby consent to such jurisdiction and venue to the extent permitted by applicable law. In no event shall any claim, action, or proceeding by you related in any way to the Services be instituted more than one (1) year after the cause of action arose. If any provision of the TOS (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the original intention of the parties as possible. The failure of FORTVISION to insist upon or enforce any of the provisions of these TOS, or to exercise any rights or remedies under these TOS, will not be construed as a waiver of FORTVISION's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term. These TOS, the Privacy Policy, and the Cookie Policy constitute the entire agreement between you and FORTVISION with respect to the offering of our Services to you.
Customer agrees that FORTVISION have the right to reveal the fact that Customer is using the Platform, including by displaying Customer’s name and/or logo in Customer’s website and other marketing materials.
In case you have any comments or questions about our Platform, Services or Terms, please don’t hesitate to contact FORTVISION's team at support@FORTVISION.com.
FORTVISION LTD
88 HaHashmonaim St.
5th Floor
Tel Aviv, Israel
+1.929.2439723
support@FORTVISION.com
INFO@FORTVISION.COM
