Terms and Conditions of Use
1. Acceptance of Terms
This is a legal agreement set forth herein between you and LeadSpotting Ltd. ("LeadSpotting") stating the terms and conditions of use (the "terms") that govern your use of the products and services provided to you by LeadSpotting.
By entering and using this website and/or the LeadSpotting Products and Services, as defined below, you signify your assent to these terms. If you do not agree to these terms, do not enter or use this website or the websites of LeadSpotting Products. You must accept and abide by the terms set forth herein as presented to you: changes, additions, or deletions are not acceptable. LeadSpotting reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website and/or the LeadSpotting Products and Services following the posting of changes to these terms will mean you accept those changes.
2. About LeadSpotting
LeadSpotting is an automatic business intelligence and lead generation service for both government and business customers that scans and filters millions of information sources across the Web. LeadSpotting has several products with separate websites - MarketSpotting (information retrieval from open web sources), PeopleSpotting (leads generation), AudienceDive (audience intelligence) and EyeCatcher (video analytics) (further “Products”) that provide services of lead generation and data collection from multiple open web sources respectively (the “Services”).
3. Description of Services
LeadSpotting Products provide users with the Services to enable users (i) to get open-source intelligence from the web, (ii) to generate the leads - get contact details and other relevant information on prospective leads, (iii) to get audience intelligence, and (iv) video analytics. All the foregoing features are accessed through separate websites powered by LeadSpotting and such additional features as may be added from time to time are hereafter referred to as the "Services". Unless explicitly stated otherwise, any new feature that alters the current Services, shall be subject to the terms. You understand and agree that the Services are provided “As Is” and without warranty of any kind either express or implied. Materials and data in third party sites are likewise provided “As Is” and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Please see the terms of service and other legal notices for each third party website for specific terms. LeadSpotting assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalization settings. You are responsible for obtaining access to the Products and Services, and that access may involve third-party fees (such as Internet service provider or other charges). . In addition, you must provide and are responsible for all equipment necessary to access the Products and Services.
4. Additional Terms
The Products and Services allow for use of Content (see “Use of Content” below) from third party websites. Accordingly, use of such embedded Content is subject to the terms and conditions of the originating website, and by using such material you explicitly agree to abide by such websites' terms and conditions of use, such as the Twitter’s terms as they appear in https://twitter.com/en/tos. You understand and agree that you are solely responsible for any third party Content you embed or link, and the consequences of using such Content.
5. Registration Obligations
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Products and Services' registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LeadSpotting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LeadSpotting has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).
6. Copyright Policy
a. The Services allow you to see the Content legally posted by others on the Internet. LeadSpotting is committed to respecting the legitimate interests of copyright owners. If any copyright owner informs LeadSpotting that LeadSpotting is linking to an illegally posted Content, LeadSpotting shall take down the link in accordance with the law.
b. As a registered user of the Products and Services, you agree that you will not embed, link, upload or use links of any Content that have not been posted by the copyright owner for promotional or other legal purposes, and will not post any copyrighted material without the permission of the copyright owner to do so.
7. Use of Content
You understand that all information, data, text, software, photographs, graphics, video, messages, tags, or other materials (the "Content"), appearing on LeadSpotitng and its Products websites, are the sole responsibility of the source from which such Content originated. This means that you, and not LeadSpotting, are entirely responsible for all manipulations with the Content that appear in your account at LeadSpotting Products websites. LeadSpotting does not control the Content received from using the Products and Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LeadSpotting be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Products and Services.
You agree that you will not use the Products and Services to/for:
a. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law or conduct any illegal activity;
b. harm minors in any way;
c. "stalk" or otherwise harass another;
d. violate copyrights of Content originators or LeadSpotting;
e. interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
f. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
g. collect or store personal data in connection with the prohibited conduct and activities set forth in paragraphs a through g above.
You acknowledge that LeadSpotting may or may not pre-screen Content, but that LeadSpotting and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Products and Services. Without limiting the foregoing, LeadSpotting and its designees shall have the right to remove any Content that violates the terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content provided by LeadSpotting through its Products and Services.
You acknowledge, consent and agree that LeadSpotting may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of LeadSpotting, its users and the public.
You understand that LeadSpotting does not bear any responsibility associated with the third parties: accuracy of the Content provided by third parties; termination or alteration of services provided by the third parties; all your activities and problems encountered when you leave LeadSpotting and its Products websites by following the links to the third party websites; etc.
You agree to indemnify and hold LeadSpotting and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of ( your use of the Products and Services, your connection to the Products and Services, your violation of the terms, your violation of law, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Products and Services, use of the Products and Services, or access to the Products and Services.
10. Modifications to Service
LeadSpotting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products and Services (or any part thereof) with or without notice. You agree that LeadSpotting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products and Services.
You agree that LeadSpotting may, under certain circumstances and without prior notice, immediately terminate your account at LeadSpotting or its Products websites and access to the Products and Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Products and Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) determination pursuant to the procedures under the Digital Millennium Copyright Act that you have repeatedly violated the LeadSpotting copyright policy as provided in Section 6 above, and/or (i) nonpayment of fees, if any, owed by you in connection with the Products and Services. You agree that all terminations for cause shall be made in LeadSpotting's sole discretion and that LeadSpotting shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Products and Services.
The Products and Services may provide, or third parties may provide, links to other websites or resources. Because LeadSpotting has no control over such sites and resources, you acknowledge and agree that LeadSpotting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LeadSpotting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. LeadSpotting's Proprietary Rights
You acknowledge and agree that the Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Products and Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LeadSpotting, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services , in whole or in part. You further agree that LeadSpotting™ is a trademark of LeadSpotting Ltd. and you agree not to infringe, display or use that trademark in any manner.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEADSPOTTING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LEADSPOTTING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS;
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADSPOTTING OR THROUGH OR FROM THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADSPOTTING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEADSPOTTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCTS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCTS AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCTS AND SERVICES.
LeadSpotting may provide you with notices, including those regarding changes to the terms, by email, regular mail or postings on the LeadSpotting website (https://www.leadspotting.com/) or its Products websites.
17. General Information
These terms constitute the entire agreement between you and LeadSpotting and govern your use of the Products and Services, superseding any prior agreements between you and LeadSpotting with respect to the Products and Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LeadSpotting Products and Services.
The terms and the relationship between you and LeadSpotting shall be governed exclusively by Israeli law. Any claim or dispute between you and LeadSpotting that arises in whole or in part from the Products and Services or from the terms shall be decided exclusively by the authorized courts of the State of Israel in the District of Tel Aviv-Jaffa. Notwithstanding this, you agree that LeadSpotting shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
The failure of LeadSpotting to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.
The section titles in the terms are for convenience only and have no legal or contractual effect.
Please report any violations of the terms and conditions immediately to firstname.lastname@example.org.