The website https://immagnify.com/ (the “Website”), is owned and operated by Warmly, Inc., a Delaware corporation, EIN: 84-4216390

1. Acceptance of Terms

     1. The use of the Website is subject to these Website Terms of Use (the “Terms of Use”) and to our Privacy Policy , which forms an integral part thereof. Re-accessing and/or using the Website and any of its contents, as updated from time to time, indicates that you have read and understood these Terms of Use and that you have received, accept, consent to, and approve its contents. If you do not agree to these Terms of Use, do not use the Website.
     2. These Terms of Use will apply to any use made by you, the user of the Website, and forms a legally binding contract between you or anyone using the Website on your behalf and the Company. Without derogating from the foregoing, any use of the Website is subject to these Terms of Use and any and all applicable laws, rules and regulations in the country in which the Website is being used. The responsibility to read, understand and comply with such applicable law is at your full responsibility as a user.

2. The Website

     1. Immagnify’s “Sales Intelligence Platform” provides potential customers data, and detects new targeted contacts based on customers’ business profiles from different sources. We are being targeted by our corporate customers for detecting and improving their database as to their customers or groups of customers and their business associates and its office holders. Once we have been collected with targeted information about a person or company, we use our powerful web search engine and our proprietary AI-machine learning technology to provide up-to-date business database and prospects to our customers.
     2. The Website is a platform through which various companies and our customers can leave contact information for the possibility of future engagement with Immagnify for providing certain services. The Website also serves as a platform through which candidates for employment in Immagnify can apply and submit their resume (collectively the “User Content”).

3. Website’s Content

     1. The Website contains content originating in the Company and/or on third parties that have granted the Company the right to use it, including its publication on the Website. The content is the sole property of the Company (or such third party) and must not be copied, transmitted and/or published in any form whatsoever and/or make any commercial and/or non-personal use that is not consistent with the Website’s purposes and these Terms of Use without the Company’s prior written consent.
     2. ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND IMMAGNIFY AND ANY RELATED ENTITIES, DO NOT MAKE AND FULLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHAT SO EVER REGARDING THE WEBSITE AND/OR THE CONTENT, ORALLY OR IN WRITING, EXPRESS OR IMPLIED, WHETHER IMPLIED BY THE LAW OR OTHERWISE DERIVED FROM IT, PROCEDURE OR PRACTICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING ANY REPRESENTATION THAT USE OF THE WEBSITE WILL BE INTERFERENCE OR ERROR-FREE, OR WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, OR ACCURACY OF THE CONTENT, NON-INFRINGEMENT OR ANY OTHER VIOLATION.
     3. IMMAGNIFY IS NOT AND WILL NOT BE LIABLE FOR ANY USE OF THE WEBSITE OR ITS CONTENT OR FOR RELIANCE ON THEM, AND BEARS NO LIABILITY FOR THE CONTENT, ITS CORRECTNESS AND/OR FOR ANY USE THAT IS MADE OF IT. THE CONTENT IS GENERAL IN NATURE, IT IS NOT A SUBSTITUTE FOR PROFESSIONAL CONSULTATION OF ANY TYPE, AND USERS SHOULD NOT RELY ON ADVICE RECEIVED THROUGH THE WEBSITE FOR THE PURPOSE OF MAKING ANY DECISION IN ANY AREA.
     4. Immagnify is entitled to make changes or updates to the content or to portions of it, at any time and without prior notice. The content may be out of date, and Immagnify does not undertake to update it at all or with any frequency, and it should not be relied upon as being up to date. The images on the Website are for illustrative purposes only and are not binding in any manner. Any reliance on the content and/or the advice you receive through the Website shall be at your full and sole responsibility, and you will bear full responsibility for your use of the Website and/or its contents, and for the outcome of such use.

4. Ownership of Website and Content

     1. All the intellectual property rights evidenced by, and/or contained, and/or related to the Website, including, without limitation, any related content that may be created in connection with the use of or registration to the Website and/or the use of the information referred to in section ‎3.1 above and the statistical information (as defined in the Privacy Policy) shall be owned by us absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same, shall all be the sole property of the Company (or the Company has been granted the right to use it and/or publish it on the Website), and may not use it without the Company’s prior written consent.
     2. We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the content of our Website to which you have properly gained access, but only for your own personal, non-commercial use (unless you posted the content), and only if you do not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the content, in whole or in part, including commercial use.
     3. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.
     4. For the avoidance of doubt, it shall be clarified that the copyright in the idea underlying the Website, its design, its trademarks and any other action in the Website that is unique and exclusive to the Company, is reserved for the Company.

5. User Content

     1. User Content submitted to the Website is not under the control of the Company and therefore the Company will not be held liable for them, including with regard to their content, reliability, accuracy, and to any harm, inconvenience, loss or distress caused to you, directly or indirectly, as a result of the use of the User Content.
     2. Subject to the provisions of applicable law, by submitting or transmitting any User Content to the Website, you grant the Company a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, digitally perform, modify, directly or through third parties, create derivative works, translate and use in whatever way the Company deems appropriate. You also represent and warrant that all content submitted by you has been uploaded, waiving any claim and/or demand, including any claim and/or demand relating to copyright infringement and/or any consideration or payment of any kind for the content and/or its publish the Website and/or its use by the Company in any way it deem fit. Without derogating from the foregoing, the Company may, in its sole discretion, offer incentives (including financial) to other users and/or third parties in order to upload content to the Website.
     3. You represent and warrant that you own all the copyrights and moral rights in the User Content submitted by you to the Website and that the publication of the content by you does not infringe any third party’s right, including according to the Privacy Protection Law, 1981 and/or Copyright Law 2007 and/or the Defamation Prohibition Law 1965 and/or any other applicable law.

6. Prohibited Uses in the Website

     1. By using the Website, you agree not to post or otherwise publish through the Website in any manner any of the following prohibited content: (1) that violates or encourages the violation of any provision of law or of rights of any kind of any person or entity; (2) that is pornographic and/or sexually explicit, abusive, harassing, obscene, threatening, racist, defamatory, inciting, threatening, insulting, encouraging the commission of offenses of any kind, violating the privacy or dignity of a person, or the feelings of the public; (3) that is incorrect/misleading/false; (4) that harms/infringes the property rights of others, including intellectual property, among others uploading content that does not belong to the violator; (5) that is SPAM/junk mail of any kind; (6) any hostile computer code or application (including viruses, spyware, trojans, worms, etc.); (7) that has to do with minors and identifies them, their personal details or their address, and ways to contact them; (8) passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services that require registration or payment, without such payment or registration; any information and/or content whose publication is prohibited by any law; (10) any information contrary to the generally accepted use of the Internet, or that may cause damage or harm to Internet users in general, and to users of the Website in particular; (11) access to which has been blocked by means of a password, etc., and is not freely accessible to all Internet users; (12) that is of a commercial nature or that contains any advertising information.
     2. You may not use our Website in any manner that: (1) breaches any of the Use of Terms; (2) breaches any applicable local, national or international law or regulation; (3) infringes our copyright, trademark, trade secret or other intellectual property rights, or of third parties, or violate the privacy, publicity or other personal rights of others; (4) is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (5) has the potential to, interfere with any other party’s use or enjoyment of the Website (or servers or networks connected to it);

7. Online Registration and Account Information

     1. In order to use certain services of the Website, you may be required to provide identifying information such as your mobile phone number, valid email address and full name. Your email address must be accessible and such that will allow us to contact you directly.
     2. The information you provide when you register for the Website will be stored in the database of the Website. The Company’s use of the information about you will be governed by the Company’s Privacy Policy.
     3. The Company reserves the right to take any action as it deems appropriate and in its sole discretion to ensure the security of the Website, including without limitation, requesting further details.
     4. The Company has the right to prevent your access to the Website and immediately remove any content submitted by you.
     5. These Terms of Use may be supplemented or amended by the terms of a “click-through” or “online” agreement between you and us. For example, when you register to become a member one of our Websites, you may be asked to agree to Terms and Conditions governing your use of the members-only portion of that Website with respect to our Services. If you make a purchase on our Website, you may be asked to agree to certain Terms and Conditions that govern your transaction. The Terms and Conditions of any such “click-through agreement” will supplement and amend these Terms of Use, but only with respect to the subject matter of that agreement.
     6. Applicants for Employment: You and/or between any of the Company’s service users and the Company have no employer-employee relationship, and the entire Company’s employment of its employees is made in a specific written agreement between the parties. You will not have any claim and/or demand against Immagnify for your recruitment or non-recruitment by the Company and for such terms of employment as they may be.

     7. What do Unlimited Plans include? Immagnify’s Unlimited plans are governed by Fair Use Policy in order to prevent potential abuse and give you the best experience.

8. Limited Liability

     1. Immagnify, its managers, directors, officers, employees, shareholders, suppliers, agents, representatives, other third parties and/or the heirs of the above and/or those replacing them (in this section, “Immagnify and anyone on its behalf”): (a) are hereby fully, completely, and unconditionally exempt from any and all obligation and are not responsible for any part of the content on the Website, including but not limited to third-party content, software, products, or any other part used in connection with the Website or contained therein, being complete, accurate, updated, timely, secure, interruption or error-free, or that defects will be corrected, or for any decision you make based on anything contained or accessible through the Website.
     2. You bear sole responsibility for any damages and claims in this respect, and you can immediately stop using the Website, its content and/or the products and services provided through the Website; (b) notwithstanding anything said anywhere else, there is no responsibility toward you and/or toward any third party in connection with the Website and/or its content and/or services and/or products provided in connection with the Website, for any special, incidental, indirect, consequential and/or economic damages whatsoever, including but not limited to loss of income, documents, files, profit, goodwill, data and/or computer time, recovery of programs and/or purchase of alternative goods or services, the costs of downtime and/or third party claims, etc., even if informed of the possibility of such damages. Notwithstanding anything to the contrary, discontinue using the Website or its content is your sole remedy.
     3. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, this shall not affect the remaining provisions.
     4. The Website may contain links to other Website, materials and Service that are not under our control (“Third-Party Materials”). The inclusion of any link is provided solely as a convenience to you and does not imply any endorsement by us of such Third-Party Materials and we are not responsible for the content or functionality of any Third-Party Materials.

9. Fair Use Policy

Fair Use Policy: Immagnify’s unlimited plans operate under a fair use policy to prevent abuse of our system. We reserve the right to monitor your usage to ensure compliance with this policy. Unlimited Users: The number of unlimited users allowed on your account is calculated based on the amount you paid divided by $240. Unlimited Emails: The number of unlimited emails allowed on your account is calculated based on the amount you paid divided by $0.08.

All accounts registered for an unlimited plan are subject to the fair use policy unless we mutually agree to different limits and outline it in a separate agreement, which will be governed by an applicable further Order Form.

10. Indemnification

To the maximum extent permitted by any applicable law, you agree to indemnify, defend and hold, Immagnify and its affiliates, and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to your breach of these Terms of Use or any other use by you of the Website on violation of any applicable law.

11. Governing Law

You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that the exclusive jurisdiction for any claim or dispute with Immagnify or relating in any way to your use of the Website resides solely in the competent courts in the city of Tel Aviv-Jaffa district, Israel.

12. Minors

This Website and/or service of the Company are not intended for use by minors. In the event that it is brought to our attention that a person under the age of eighteen (18) years makes use of our Website and/or Services, we reserve the right to prevent his/her access to the Website. If you are under the age of 18, please read these Terms of Use carefully with your parents (or other legal guardian). If you (or your parent or legal guardian) do not accept the Terms of Use, you are requested to refrain from making any use of the Website for any purpose whatsoever.

13. Changes

     1. Changes to the Terms of Use: Subject to the provisions of applicable law, we may, in our sole discretion and without prior notice, revise and update these Terms of Use at any time. In an event in which material modifications are made, we shall provide notice of such changes by posting or distributing a notice of such revisions, which shall be effective immediately upon its posting on the home page of the Website. Your continued use of the Website after the amended Terms of Use have entered into effect will constitute your acceptance of them. If any future changes to the Terms of Use are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Website

     2. Changes to the Website: The Company may, in its sole discretion, at any time, in any way and for any reason, alter or delete the Website (in whole or in part) and/or impose certain fees for access to all or any part of the Website (all with or without notice); In addition, the Company may, in its sole discretion, at any time, in any way and for any reason, prevent access to the Website (in whole or in part) and/or allow access to certain areas of the Website to subscribers only. The Company shall not be liable to you and/or to any third party for any such modification or removal (in whole or in part) of the Website. To the extent that you oppose to any changes made by the Company or its right to make such changes, you are requested to refrain from making any use of the Website. Your continued use of the Website after such changes entered into effect will constitute your acceptance of them.

14. Miscellaneous

     1. Severability. If a provision is found unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
    2. No waiver. No waiver or alteration from the Terms of Use by us will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not constitute a waiver of any of our rights. All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    3. Entire agreement. These Terms of Use, together with our Privacy Policy contain, represent, exhaust, and reflect all the representations and agreements between the Company and you with respect to our Website, and no claim about promises, guarantees, representations, or agreements that are not reflected in these Terms of Use will be entertained.
    4. Communications. Unless stated otherwise, you agree to receive notices, disclosures, messages, documents, and other communications, from us, electronically (including by way of email, text messages or other), and that such electronic communications are deemed to have been provided to you in writing.
    5. You agree, without limitation, that the printed version of these Terms of Use and any electronically delivered notice will be admissible in legal or administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same terms as other documents and business records originally created and stored in a printed version.

15. Terms and Conditions

The online Terms and Conditions with respect to our Services can be accessed here.

16. Contact Information

If you have questions or concerns regarding these Terms of Use, please contact us at: contact@immagnify.com.
Last updated on May 1, 2020