Terms of Use

The following constitute the terms and conditions of access and use of the Services, as defined hereunder, which shall be deemed to have been read and agreed to if you access and use Services.

1. Acceptance

By visiting and/or downloading and/or using the Application, as defined below, You signify Your assent to these terms and conditions (the “Terms of Use”), as shall be updated from time to time, and to the Company’s Privacy Policy currently available at: www.cortexmg.com which is incorporated herein by reference. These Terms of Use constitute a binding and enforceable agreement between Cortex Media Group Ltd. (the “Company”), and you, a person using the Application. If you do not agree to any of these terms, then please do not use or apply to use the Application.

2. Definitions

2.1 – “Application” means a browser add-on.

2.2 – “You” or “User” means an individual, a company, a corporation or any other entity, including a division or department thereof, and including anyone authorized to use the Services on behalf of the foregoing, which provide services in the field of online marketing and advertising optimization and management; “we”, “our” and “us” means the Company, its parent corporations, subsidiaries and affiliates.

3. Use of Application

Company hereby grants You a permission to use the Application as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Application, the Content therein, and any form and concept embodied therein, in any medium (ii) You will not alter or modify any part of the Service; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use. It is clarified that clicking on one of the alternatives presented by the Application, you will be automatically directed to a third party website, and for that purpose, a cookie file will be sent to your machine by the advertiser or an affiliate thereof. By clicking on any of the alternatives presented on the Application, you grant your consent to receive such cookie file and acknowledge that to the extent such file is denied, might have an adverse effect on your user experience and your ability to the enjoy the products presented on the Application. In any event, Company will have no liability or responsibility of any kind in connection with such cookie file or your ability to access or enjoy the products presented on the Application.

4. Changes to the Application; Termination of the Application or Feature

Company reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. If Company in its discretion chooses to cease providing the current version of the Application or any of its features and/or specific functions, whether through discontinuation of the Application or by upgrading or downgrading the Application to a newer version, You may not be able to continue using the previous version of the Application. Features and/or functions of previous Application versions might be removed on future versions thereof. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application. Company does not provide any representations or warranties with respect to which types of Third Party Services, Content or products shall be handled by the Application, and this may change from time to time without prior notice.

5. User Accounts; Compliance and Monitoring

Company reserves the right to monitor Your use of the Application in as much as required to ensure that Your use of the Application is in accordance with the permitted uses as set forth herein. In the event that it comes to Company’s attention that you are using the Application in contrary to these Terms of Use, Company explicitly reserves the right at any time in its sole discretion to block use of the Application without derogating from any other remedies available to Company according to any applicable law.

Notwithstanding the aforesaid, Company shall have the sole and absolute discretion to deny any User’s access to the Application or any future services of the Company for any reason whatsoever and at any time, without incurring any liability to Company.

6. Use of Information

Company may collect or receive information and data submitted by Users through the Application including without limitation Private Information, as set forth in the Privacy Policy.

7. Advertising Material

Company may present in the Application screens information, texts, advertisements for products and/or services, notices and/or other materials (“Advertising Material”). Such Advertising Material may be personalized and assigned to individual Users. Such personalization may be based on information, including Private Information, retrieved by the Company resulting from User’s use of the Service. Company and any of its partners or advertisers may deploy and send cookie files to Your machine if You click on any advertisement or offer presented on the Application. Company hereby disclaims any and all liability arising from or in connection with receiving such Advertising Material, their origin, contents and/or their context.

8. Use Limitations

The Application may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited without the prior written consent of the Company. Company reserves all rights in and to the Application and the Content.

You may not use the Application for any of the following purposes (the “Prohibited Activities”); Company disclaims any and all liabilities, losses and or damages with respect to any use of the Application which constitutes a Prohibited Activity.
8.1. Engaging in unlawful, indecent, obscene or other morally objectionable activities.
8.2. Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal materials;
8.3. Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice;
8.4. Gaining unauthorized access to other computer systems;
8.5. Interfering with any other person’s use of the Services;
8.6. Transmitting, junk mail, chain letters or “spam”;
8.7 Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material, or otherwise making such use of the Services that infringes third parties intellectual property rights;
8.8. Circumvent, disable or otherwise interfere with security related features or other features of the Website and/or with the use of Services, or enforce any limitations on use of the Website and/or the Services.

9. Third Party Services and Third Party Content

Company, through the Application, present and make available to User services and products to be provided and performed by third parties (“Third Party Services”) and any information related thereto, including, without limitation, links to third parties websites, their content and other information presented therein such as graphic material, marketing materials, offers and any other data in any format included therein (“Third Party Content”). The use of Third Party Services and Third Party Content in or with the Application is subject to the applicable licenses, applicable fees, and any other terms of use and conditions of such third parties. Company disclaims any warranty or representation with regards to any use of any of the Third Party Services and Third Party Content, which use is only presented by the Company. The Company shall not bear any responsibility or liability with regards to any such Third Party Services and Third Party Content and any use of any User thereof, and in no event will the Company be liable in any way for any damages of any kind whatsoever resulting from or in connection with any use of any such Third Party Services and/or Third Party Content or any reliance on any information presented therein, and any such use shall be on User’s own discretion, risk and responsibility.

10. Intellectual Property Rights

All right and title in the Service and its content including without limitation, software (both source and object codes), scripts, graphics, form, text, content of text, and the like and any and all trademarks, copyrights, service marks and logos, including but not limited to the corAdviser trademark (but excluding trademarks, service marks and logos provided by and owned by User) contained and embodied therein (“Content”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions.

11. Warranty/Disclaimer

11.1 THE SERVICE IS PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY.

11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES (“COMPANY INDEMNITEES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION THE CONTENT, AND THE USE THEREOF IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE. IN ADDITION TO AND WITHOUT DEROGATING FROM THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR USE OF THE APPLICATION AND ANY OUTCOMES THEREOF.

11.3 COMPANY AND COMPANY INDEMNITEES ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY INTERRUPTION TO THE USE OF THE APPLICATION OR CESSATION THEREOF (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND THE SERVICE BY ANY THIRD PARTY, OR USER, AND/OR

11.4 COMPANY AND COMPANY INDEMNITEES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH ANY THIRD PARTY SERVICES AND THIRD PARTY CONTENTS, ACCESIBLE AND/OR AVAILABLE AND/OR POSTED AND/OR ADVERTISED THROUGH OR IN THE SERVICE (COLLECTIVELY, FOR THE PURPSOE OF THIS SECTION, “THIRD PARTY CONTENT”). COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT IN TERMS OF LEGALITY, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE AND SHALL NOT BE LIABLE OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY CONTENT AND IN CONNECTION WITH ANY LOSSES OR DAMAGES WHATSOEVER IN CONNECTION WITH THIRD PARTY CONTENT. FOR THE AVOIDANCE OF DOUBT, COMPANY IS NOT A PARTY TO ANY TRANSACTION BY AND BETWEEN YOU AND ANY THIRD PARTY.

12. Limitation of liability

WITHOUT DEROGATING FROM ANY OTHER LIMITATION OF LIABILITY EXPRESSLY SET FORTH HEREIN UNDER THESE TERMS OF USE IN NO EVENT SHALL THE COMPANY AND COMPANY INDEMNITEES BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF THE SERVICES, AND/OR RESULTING FROM USER’S ENGAGEMENT WITH ANY THIRD PARTY AND/OR THE USE OF USER OR RELIANCE OF USER ON ANY THIRD PARTY CONTENT (AS DEFINED IN SECTION 10 ABOVE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AND THE COMPANY AGREE THAT ANY CLAIM BASED ON CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, IN TORT OR IN GENERAL UNDER APPLICABLE LAW, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICE IS LEGALLY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE SERVICE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

13. Indemnity

You agree to defend, indemnify and hold harmless the Company, and Company Indemnities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) a violation by You of any term of these Terms of Use; (ii) a violation by You of any third party right, including without limitation any copyright, trademark, property, or privacy right, while using the Services or in connection thereto. This obligation for defense, indemnification, and holding harmless will survive the termination or expiration of these Terms of Use and Your use of the Services.

14. General

Any claim or dispute brought by You against Company that arises in whole or in part from or in connection with the Website and Services or these Terms of Use shall be subjected to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel, without giving effect to rules of conflict of laws. Any claim or dispute brought by Company against you that arises in whole or in part from or in connection with the Website and Services or these Terms of Use shall be subjected exclusively to either the jurisdiction of the competent courts of Tel Aviv, Israel, or the jurisdiction of the competent courts at defendant’s domicile, at Company’ sole and exclusive discretion, without giving effect to rules of conflict of laws. The parties hereto further agree that such courts shall interpret these Terms of Use with accordance and subject to the laws of the State of Israel. Counterclaims may only be filed to the court already having jurisdiction over the claiming party’s action. You agree that the Services herein shall be deemed as provided by a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in no jurisdiction whatsoever. If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Company reserves the right to amend and/or update these Terms of Use at any time and without notice. Your use of the Services following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction including any claim Company may have against any User. For any questions, please contact us at Zain Heshvan 23, Ramat Hasharon, Israel or by electronic mail at: info@cortexmg.com.