Welcome to www.perion.com (together with its Content (as defined below) and all Perion Network, Ltd. Affiliates Sites, collectively “the Site”).
1. TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING SITE SO THAT YOU (“YOU” OR “YOUR”) ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO PERION INTERACTIVE, Ltd., ITS AFFILIATES AND SUBSIDIARIES (INDIVIDUALLY AND COLLECTIVELY, “PERION”, “WE” OR “OUR”).
We reserve the right, at Our discretion, to modify these Terms (including by rules that may be published from time to time by us). We will inform You regarding such modifications by posting such latest changes on the Site. Your continued use of the Site following the posting of changes to these Terms will mean You accept those changes.
1.2 WEBSITE ACCESS
Perion hereby grants You permission to use the Site, provided that: (i) You will not copy, distribute or modify any part of the Site without [name to come]’s prior written authorization; (ii) You will not disrupt servers or networks connected to the Site; and (iii) You comply with these Terms. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” and “offline readers” that accesses the Site in a manner that sends more request messages to Perion’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You are responsible for obtaining and maintaining any and all equipment and services necessary to access and use the Site and for charges associated with connecting to the Internet to use the Site. Perion grants the operators of public search engines permission to use “spiders” to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Perion reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. Perion will have the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.
2. PRIVACY STATEMENT
2.1 INFORMATION DESCRIPTION
Perion attempts to be as accurate as possible. However, Perion cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Perion reserves the right to make changes in or to the Content, or any part thereof at any time, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
3. INTELLECTUAL PROPERTY RIGHTS
As between Perion and You, Perion is the sole owner of the Site and the content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site (“Content”). Content on the Site is provided to You “AS IS” for Your information and personal use only and except as otherwise specifically provided in these Terms and Conditions, you may not use, copy, download, save, distribute, transmit, broadcast, display, sell, license, de-compile, or otherwise exploit the Content on the Site, or any portion thereof, for any purpose whatsoever including commercial use, without Perion’s prior written consent. Perion reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with this Site is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
This section shall survive any termination of these Terms.
4. WARRANTIES AND LIABILITIES
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
4.1. DISCLAIMER OF WARRANTIES
THE SITE (INCLUDING CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, PERION SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF PERION, ITS SUBSIDIARIES, AND ITS AFFILIATES) ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SITE; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE (INCLUDING THE CONTENT), INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, PERION DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PERION WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS, INCLUDING THOSE THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
PERION DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE.
4.2. LIMITATION OF LIABILITY
IN NO EVENT WILL PERION, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS, LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF PERION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT BY THE SITE.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PERION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PERION’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By agreeing to use the Site, you agree to defend, indemnify and hold Perion, its affiliates and successors, and their respective owners, officers, directors, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising in any way from (i) your use of the Site; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Site.
6. LINKED SITES
7. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Perion may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying You or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Your rights or obligations under this Agreement. Without derogating from the above, you are solely responsible and liable for any activity by any person who uses the Site through your subscription, where applicable. You agree to immediately notify the Site of any unauthorized use suspected by you or any other breach of security known or suspected by you.
9. APPLICABLE LAWS / JURISDICTION
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND PERION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PERION COPYRIGHT POLICY
Perion Network Ltd. (“Perion”) respects the legitimate rights of copyright owners, and has adopted an efficient notice and takedown procedure as required by the Digital Millennium Copyright Act (“DMCA”) and described herein.
TO COPYRIGHT OWNERS
It is our policy to respond to clear, DMCA compliant notices of alleged copyright infringement. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”
If you are a copyright owner or an agent thereof, and you believe that any content hosted on our any of our websites infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing Perion’s Designated Copyright Agent (provided below) with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Perion to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
Information reasonably sufficient to permit Perion to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please consider seeking legal advice before submitting a notice.
TO PERION SERVICE USERS
Pursuant to the end user license agreement to which you agreed when you were permitted to become a Perion User, you are not permitted to upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations.” Your content may be taken down if Perion receives notice that infringing material has been posted. You will be sent a DMCA compliant notice of the take-down.
Please note, however, that Perion respects your legitimate interests in being permitted to present a response to claims of infringement. Therefore, you may protest a DMCA notice by submitting a counter-notification as described below.
To be effective, your counter-notification must be a written communication that includes the following, pursuant to17 U.S.C. Section 512(g)(3):
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The subscriber’s name, address, and telephone number, and
A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Perion may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consider seeking legal advice before submitting a counter-notice.
DESIGNATED COPYRIGHT AGENT
Perion’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Perion Network Ltd.
Attention: Limor Gershoni Levy, General Counsel
4 HaNechoshet Street
Tel Aviv, Israel
All notifications and counter-notifications must be submitted in English or Hebrew. In the event that translated materials are submitted, please provide a notarized authorization of the translations.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
For clarity, only DMCA notices should go to the Perion Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Perion customer service through the support link for the relevant Perion product/website.