ACCEPTANCE OF TERMS
This Site provides information about SHELFY and products and services that we may provide, and/or the means to use our Services. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue use of the Site.
These Terms apply to (i) anyone who browse any of our Sites (“Browsing Users”), and (ii) anyone who uses any of our Services (“Service Users”), Browsing Users and Service Users, collectively, the “Users”). Unless expressly provided herein, these Terms apply to all Users.
We reserve the right to revise these Terms or change or remove features of the Site at any time. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee or increase an existing fee for any of our features at any time. If you do not approve of any such changes, you can stop using the Site at any time. We will notify you of any material change to these Terms by updating the “Last Revised” date at the top of this page. Your continued use of the Site means that you accept and agree to be bound by the revised Terms.
Additional or different terms, conditions, or notices may apply to services offered through the Site or to specific materials, information, products, or software available through the Site. In general, additional terms will supplement these Terms. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
- GRANT OF RIGHTS
SHELFY hereby grants you a limited, non-exclusive and revocable license to use the Site as set forth in these Terms (the “License”), provided that (a) you will not copy or distribute any part of any Site in any medium without SHELFY’s prior written consent; (b) you will not alter or modify any part of any Site; and (c) you will otherwise comply with all of the provisions of these Terms. SHELFY reserves all rights not expressly granted by these Terms.
You may be required to create an account and specify a password in order to use certain services or features on the Site, including but not limited to purchasing a license to use our software. To create an account, you must be at least 18 years old and you must provide truthful, accurate and complete information about yourself. You must only create an account for yourself and not for any other individual. If your information changes at any time, please update your account with the different or additional information. If we suspect that your account information may be untrue, incomplete or inaccurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using any or all Sites.
You may not share your account with anyone else. Please keep your password confidential, secure and unique (not used on other websites). If you believe your account has been compromised at any time, please notify SHELFY and/or your system administrator, if any.
You are solely responsible for the activity that occurs on your account, including the activities of others and regardless of whether such activities are authorized.
If you open an account or use the Site on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in this Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- PERMITTED USE; RESTRICTIONS ON USE
You agree to use the Site only for lawful purposes. The Site is made available for your personal use, except as otherwise expressly authorized by SHELFY in writing. You agree to abide by any posted limitations relating to use, reproduction, or dissemination of the Site. Any use of the Site in any way not expressly permitted by these Terms or otherwise in a writing signed by SHELFY is prohibited, and may be actionable under the law.
In consideration of your use of the Site, you represent that you are of an age to form a legal binding contract and you are not prohibited from receiving the Services under the laws of any applicable jurisdiction. The Site is directed to persons 18 years of age or older. SHELFY and the Site do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to the Site. If you provide information to SHELFY through the Site, you represent and warrant that you are 18 years of age or older. If you are between 13 and 17 years of age, you may visit, browse, and use the information on the Site, but you may not submit any personal information to the Site, and you represent and warrant to SHELFY that you have the permission of your parent or guardian to use the Site and that your parent or guardian agrees to these Terms on your behalf.
You agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without appropriate permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept any electronic message not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses and other personally identifiable information) without their consent; (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam”, transmit chain letters, or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by SHELFY, may harm SHELFY, Users or expose them to liability.
Any content, artwork, images, other material (including prices uploaded by you and any data entered or uploaded by you) and/or opinions uploaded, expressed, or submitted to any section of the Site (including password-protected areas), and all articles and responses to questions in the Site (collectively, “Content”), other than the content provided by SHELFY, are solely the Content, opinions, and responsibility of the person or entity submitting them or uploaded them and do not necessarily reflect the opinions of SHELFY. You understand and acknowledge that you are responsible for whatever Content you submit, and you, not SHELFY, have full responsibility for such Content, including its legality, reliability, and appropriateness.
By uploading or otherwise transmitting Content to SHELFY in any manner, including posting to a publicly available area of the SHELFY Site, you warrant the Content either (i) is your own; (ii) is in the public domain, (iii) you have the right to use such Content; or (iv) the Content is otherwise free of proprietary or other intellectual property restrictions of any kind; and that you have the right to submit it or post it to the SHELFY Site and grant SHELFY the rights set forth herein.
You understand that any postings, or Content submitted for posting, to publicly available portions of the SHELFY Site are non-confidential for all purposes. Except as otherwise specified by SHELFY at the time of submission, you grant to SHELFY, as well as SHELFY’s agents, licensees, and assigns an irrevocable, perpetual, transferable, royalty-free, sublicensable, non-exclusive right, license and permission to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, and/or display all Content submitted to SHELFY in any manner SHELFY chooses, in any format whatsoever, including incorporating it into other material or making a derivative work based on it. You also grant us the right to display your Content as an example on our own Website. Without those rights, we couldn’t offer our Services. Please be advised that the license and rights hereby granted to SHELFY continues even if you stop using our Site.
You agree to indemnify, release and hold SHELFY harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post (collectively, “Content Claims”).
SHELFY reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site that SHELFY, in its sole discretion, deems inconsistent with the foregoing commitments, including any material SHELFY has been notified, or has reason to believe, constitutes a copyright or trademark infringement; and (2) terminate any User’s access to all or part of the Site. However, SHELFY can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, SHELFY assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. SHELFY reserves the right to take any action it deems necessary to protect the personal safety of Users of this Site and the public; however, SHELFY has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
We are not responsible for, and do not endorse, Content posted by any other Person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by a third party.
Your failure to comply with the provisions above may result in the termination of your access to the SHELFY Site and may expose you to civil and/or criminal liability.
- COPYRIGHT RESTRICTIONS; USE OF CONTENT
The entire contents of the Site (including all Content) and the design, selection, and arrangement thereof, are proprietary to SHELFY or its licensors and are protected by laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the SHELFY Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site, except as necessary to view the Site or with the prior written consent of SHELFY. SHELFY reserves all right, title, and interest in and to any of its information, material, Content, Software, or Services on this Site. Except as expressly authorized by SHELFY in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site, or (c) use of this Site or of any Services, Software, or Content available through this Site.
The term “SHELFY”, the SHELFY logo, and all related names, logos, product and service names, designs and slogans are service marks of SHELFY. You may not use such marks without the prior written permission of SHELFY for any purpose, including, without limitation, in any advertising or publicity, or otherwise to indicate SHELFY’s sponsorship of or affiliation with any product or service. All other names, brands, and marks are used for identification purposes only and may be the service marks, trademarks, or registered trademarks of their respective owners.
- ONLINE TRANSACTIONS
Any transaction engaged in by any User through the Site is governed by these Terms and the specific terms and conditions for such transaction, as specified by SHELFY. We use different payment providers and different payment methods. We may add or change such providers or methods at any time. You understand that all monetary transactions made through your use of the Service are subject to any terms that such payment providers may have, including the fees they may charge.
- LINKS TO OTHER SITES; DEALINGS WITH THIRD PARTIES
Links to third-party web sites are provided solely for your convenience. SHELFY is not responsible for; does not control; does not endorse the content, products, services, or practices of; and does not make any representations regarding the quality, content, or accuracy of any third-party web sites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
If you choose to correspond, participate in a promotion, or engage in transactions with any other organization or business found on or through this Site, including, without limitation, any of our partners and/or affiliates, or any Service User, you acknowledge and agree that SHELFY is not a party to, and will not be responsible for, your interaction with such organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that SHELFY will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such organizations or businesses on this Site.
SHELFY and its officers, directors, employees, and agents do not assume any liability for Content on or available through the Site. Reliance on the Content is solely at your own risk. SHELFY and its officers, directors, employees, and agents disclaim any liability for injury or damages resulting from the use of any Content.
THE SITE, CONTENT, SERVICES, AND PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR OTHERWISE THROUGH SHELFY OR ANY SERVICE USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER SHELFY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH SHELFY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT, OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER SHELFY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH SHELFY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANTS OR REPRESENTS THAT THE SITE, CONTENT, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE, CONTENT OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SHELFY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN PARTICULAR AND WITHOUT LIMITING THE FOREGOING OR THE FOLLOWING, SHELFY DOES NOT REPRESENT OR WARRANT THAT ANY COLORS, FONTS, OR OTHER DEPICTION OR IMAGE ON ANY SITE OR ANY INPUT WILL BE IDENTICAL OR SIMILAR TO END PRODUCTS/OUTPUTS CREATED BY ANY SERVICE USER. USERS ARE HEREBY CAUTIONED THAT THE APPEARANCE OF PRODUCTS ON THE SITES MAY DIFFER, SOMETIMES SIGNIFICANTLY, FROM ACTUAL PRODUCTS PRODUCED AND/OR RECEIVED.
SHELFY MAKES NO REPRESENTATIONS OF WARRANTY AS TO THE PRODUCTS OF ANY SERVICE USERS, OR THAT SERVICE USERS WILL BE ABLE TO CREATE OR PRINT ANY PARTICULAR CONTENT UPLOADED ONTO ANY SITE.
IN NO EVENT WILL SHELFY OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, SERVICES OR ANY LINKED SITE, INCLUDING ANY: DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ANY PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM: DELAY, COMPUTER FAILURE, INTERRUPTION IN SERVICE, LOSS OF DATA, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, CONTENT, OR SERVICES; DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION OF ANY OF SHELFY, THIRD-PARTY VENDOR SUCH AS STRIPE, OR ANY USER; ACTS OR OMISSIONS OF ANY THIRD PARTY (INCLUDING ANY THIRD PARTY VENDOR SUCH AS STRIPE OR OTHER USER); OR VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER). WHETHER OR NOT, IN ANY CASE, THERE IS NEGLIGENCE BY SHELFY OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND WHETHER OR NOT SHELFY OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL SHELFY’S TOTAL LIABILITY UNDER THESE TERMS AND ANY SERVICE USER AGREEMENT, IF APPLICABLE, EXCEED $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If, for this reason, any of the above disclaimers or limitations of liability do not apply to you, the scope and duration or any such warranty and the extent of SHELFY’s liability to you shall be the minimum permitted under applicable law.
In addition to the indemnification provisions provided for in Section 4 regarding Content Claims, you agree to indemnify, defend, and hold harmless SHELFY and its officers, directors, employees, agents, affiliates, licensors, subsidiaries, service providers, and other acting in concert with it from and against any and all claims, losses, liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, fines, penalties, or taxes arising from your (or anyone using your account, computer, or software) (i) use of the Site, Content, Services, Software, or any products, services, or information obtained from this Site, (ii) violation of these Terms; (iii) other violation of the intellectual property rights of SHELFY or any third party; (iv) other liability incurred by us as a result of your use of the services provided by other third party vendor used as part of the Services; or (v) violation of any applicable, law or regulation.
- PRIVACY; PROTECTION OF PERSONAL INFORMATION
Please contact contact@SHELFY.io if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms.
Governing Law and Jurisdiction. These Terms and the relationship between you and SHELFY shall be governed by the laws of the State of Israel as they are applied to agreements made, entered into, and intended to be performed entirely in Israel by Israeli residents, regardless of any conflict of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of Tel-Aviv, Israel.
Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality, and enforceability of the remaining provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of SHELFY and you; and (c) to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
The invalidity of a provision, section, paragraph or sentence of these Terms in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.