Lunteer Terms of Service
UPDATED: January 23, 2019
Lunteer, Ltd. (“Lunteer”, or “us”, “our”, “we”) provides an Internet platform for creating and growing a web presence (the “Platform”). These Terms of Service (“Terms”) govern your access and use of the Platform. “You” means any supplier that provides goods or services to any user of the Platform or Lunteer’s Internet website (the “Site”).
Use of Platform
Use of and access to the Platform is not allowed where prohibited by law. Lunteer may, in its sole discretion and at any time, discontinue providing the Platform or any part thereof without notice.
By using the Platform, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Platform does not violate any applicable law or regulation. Lunteer may check any information you provide against other publicly-available information on the Internet in order to verify your identity. You agree to such checks by Lunteer, but Lunteer has no obligation to perform such checks.
Provision of Goods and Services
Lunteer acts as an intermediary between you and any users of the Platform for the purchase of goods or services that you may provide. You (and not Lunteer) are responsible for all goods and services you provide (or contract to provide) to any user, and for any injuries, illnesses, damages, claims, liabilities and costs such goods or service may cause a user to suffer, directly or indirectly, in full or in part, as a result of such goods or services. Any agreement or terms of sale concerning any goods or services is between you and the applicable user. Lunteer is not a party to such agreements or terms of sale and Lunteer does not accept any responsibility or liability in respect thereof.
Lunteer and its licensors own the Site and Platform, including all worldwide intellectual property rights in the Site and Platform, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or Platform or any User Content (as defined below) appearing in the Site or Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Platform. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Lunteer or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site or Platform; (b) circumvent, disable, or otherwise interfere with security-related features of the Site or Platform or features that prevent or restrict use or copying of any Content; (c) use the Site or Platform and/or User Content in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; (e) harvest, collect or mine information about other users of the Site or Platform; or (f) use or access another user’s account or password.
Prohibited Items and Behavior
You may not use the Site or Platform to facilitate the purchase of any Item that violates applicable law, regulations or commonly accepted standards of decency. In addition, you will not use the Site or Platform to facilitate the purchase of drugs, tobacco products, pornography, obscene or sexually oriented materials, alcohol, gambling or the sale of weapons, for the sale or purchase of virtual currency or any similar goods and services, or for the purchase of any items that you know (or should c know) infringes the intellectual property rights of any third party.
You shall not, nor to permit any third party to: (i) access or attempt to access systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the Site, Platform or other material from Lunteer except as expressly set forth herein; (iii) permit any third party to use or benefit from the Site or Platform via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer or assign any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Site or Platform, use any tool to enable features or functionalities that are otherwise disabled in the Site or Platform, or decompile, disassemble or otherwise reverse engineer the Site or Platform, except to the extent that such restriction is expressly prohibited by law; or (vi) perform or attempt to perform any actions that would interfere with the proper working of the Site or Platform or impose an unreasonable or disproportionately large load on our infrastructure.
User Communications, Reviews and Ratings
Lunteer may let you post content and communicate with other users in order. All content posted or submitted by you or a user to the Site or the Platform is referred to herein as “User Content”.
Lunteer has no obligation to accept, display, review or maintain any User Content. Moreover, Lunteer reserves the right to edit, delete, distort or move user Content from the Site or Platform without notice for any reason at any time. Any posted or submitted User Content shall not be considered confidential and may be disseminated by Lunteer without any compensation to you. User Content that you submit or post may be available to the public, and you should have no expectation of privacy in the same. LUNTEER DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED BY ANY USER AND LUNTEER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
You are fully and solely responsible for any User Content you submit or post. You agree that you will not act in any way or transmit or post any User Content that: (a) restricts or inhibits use of the Site or Platform; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another individual or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Lunteer to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Lunteer or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Lunteer may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Lunteer reserves the right to treat User Content as content stored at the direction of users for which Lunteer will not exercise editorial control except when violations are directly brought to Lunteer’s attention.
By submitting or posting any User Content, you grant Lunteer and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such User Content on, through or in connection with the Site or Platform (including to post such User Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Site or Platform.
Lunteer respects the intellectual property rights of others and expects its users to do the same. Lunteer will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Platform infringes their rights. If you believe that something appearing on the Platform infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Lunteer policy to determine whether it is appropriate to terminate the account of repeat infringers, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent:
Disclaimers & Disclaimer of Warranty
Lunteer cannot and does not accept any responsibility for any goods or services provided by any vendor. You waive and release Lunteer and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any such liabilities arising from or related to any goods or services you provide.
Lunteer cannot and does not accept any responsibility for the acts or omissions of any user. Each user and purchaser (or potential purchaser) of any goods and services from you is responsible to make all required payments directly to you. Lunteer has no responsibility to make such payments or to confirm that such payments were made.
Your use of the Platform and/or User Content is at your sole discretion and risk. The Platform, Site and/or User Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Lunteer. LUNTEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Platform, SITE AND/OR USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LUNTEER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Platform AND/OR USER CONTENT; OR (II) THAT THE SITE OR Platform WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Platform OR SITE. Lunteer does not guarantee that it can receive the discount on the Item that you specified or, indeed, that it can receive any discount at all from the applicable vendor.
Limitation of Liability
IN NO EVENT SHALL LUNTEER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Platform OR USER CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR Platform, OR IN RESPECT OF ANY ITEM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT LUNTEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUNTEER’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO LUNTEER IN THE 12 MONTHS PRIOR TO THE APPLICABLE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS TO LUNTEER IN THE 12 MONTHS PRIOR TO THE APPLICABLE CLAIM, THEN LUNTEER SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce, provided that the Emergency Arbitrator Provisions shall not apply. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Tel Aviv, Israel. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Israel. Notwithstanding the foregoing, either party may apply for injunctive relief in any jurisdiction in order to prevent a breach or threatened breach of this Agreement. Any cause of action against Lunteer must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Lunteer or authorizes you to act on behalf of Lunteer. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Lunteer and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.