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1. Terms of Use
Binding Agreement
These Terms of Use (as defined below) are a legally binding agreement between Munch and you.
The term “Munch”, “us”, “we” or “our”, refers to Munch Content Platform Ltd., a corporation organized and existing under the laws of Israel, having its principal offices at Tel-Aviv, Israel (company registration no. 516453602), which owns and operates the Munch System (as defined below). The term “you” refers to the User (as defined below).
You hereby state that you are a natural person over the age of 18, and that you are not acting for, or on behalf of, any other person, company or such other legal entity.
These Terms of Use govern your access to the Munch System, the functions contained therein, and the Services (all terms as defined below) performed or provided by the Munch System, including (but not limited to) any and all Content (as defined below) uploaded in the Munch System.
These Terms of Use are void where prohibited by law, and the right to use the Munch System is revoked in such jurisdictions.
Accepting these Terms of Use
These Terms of Use are effective as of the date you access or otherwise use the Munch System, and such access or use of the Munch System indicates your acceptance of all of the terms and conditions of these Terms of Use.
You may not use the Munch System and may not accept these Terms of Use if (a) you are not of legal age to form a binding contract with Munch, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Munch System under the laws of the country in which you are resident or from which you access or use the Munch System.
If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Munch System.
Privacy Statement
Please refer to Munch's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy (“Privacy Policy”). The Privacy Policy forms and is an integral part of these Terms of Use. When you indicate your acceptance of these Terms of Use, you also agree to the Privacy Policy.
License to Use
The license granted to you by Munch for the Munch System, is limited to a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to use the Munch System solely for your personal use of the Munch System and receipt and use of the Services, solely in the manner permitted by these Terms of Use.
Upgrades
These Terms of Use will govern any upgrades provided by Munch that replace and/or supplement the original Munch System, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
From time to time, an upgrade to the latest version of the Munch System may be required in order to make use of the Services or to take advantage of new features and functionalities of the Munch System.
Definitions
For the purposes hereof:
“Activation” means the activation of your User Account as specified in Section 3.1 below.
“Activation Date” means the date on which Activation occurred.
“Content” means any and all materials uploaded to the Munch System by User and/or anyone on its behalf in our Site, including, but not limited to, photographs, graphics, video, audio, or any other form which contains information.
“Deliverable” means any and all deliverable being the output of the use of Services, or otherwise provided by us, including, but not limited to texts, photographs, graphics, video, audio, or any other form which contains information.
“External Sites” shall have the meaning specified in Section 11 below.
“Feedback” shall have the meaning specified in Section 15 below.
“Intellectual Property” and “Intellectual Property Rights” shall have the respective meanings specified in Section 10.8 below.
“Munch System” means Munch's proprietary, online digital platform for content display and processing, as well as the Services provided, thereby. The term “Munch System” also includes the Site (as defined below).
“Plan” shall have the meaning specified in Section 4.2 below.
”Restricted Person“ means a person that is (i) listed on, or owned or controlled by a person listed on any Sanctions List (as defined below); (ii) located in, incorporated under the laws of, or owned or controlled by, or acting on behalf of, a person located in or organized under the laws of a country or territory that is the target of country-wide Sanctions (as defined below); or (iii) otherwise a target of Sanctions.
“Sanctioning Authority” means:
(a) the U.S. government or any U.S. agency (including OFAC, the U.S. State Department, the U.S. Department of Commerce or the U.S. Department of the Treasury);
(b) the United Nations Security Council;
(c) the European Union (or any of its member states); and/or
(d) the Israeli government.
“Sanctions” means economic and/or financial sanctions or trade embargoes imposed, administered or enforced from time to time by a Sanctioning Authority.
“Sanctions List” means any of the specifically designated nationals or designated persons or entities in relation to Sanctions issued by a Sanctioning Authority.
“Stripe” means Stripe, Inc. having the details which can be found in www.stripe.com
“Services” means all the services provided via the Munch System, including (but not limited to) the provision of content repurposing, social and content platform integrations, reach and engagement data analysis, content creation recommendations, and any other features and functionalities supported, or that may be supported, by the Munch System from time to time, and such other work product and/or Deliverable being the output of the use of the Munch System and such services, or as otherwise provided by us.
“Site” means Munch's Internet site which can be accessed at www.getmunch.com.
“Subscription” and “Subscription Fees” shall have the respective meanings specified in Section 4.2 below.
“Subscription Period” shall have the meaning specified in Section 4.5 below.
“Summary Notice ” shall have the meaning specified in Section 4.4 below.
“Termination Notice” shall have the meanings specified in Section 4.6 below.
“Terms of Use” means these Terms of Use and Munch' Privacy Statement.
“User” means any person that uses the Site and/or that is registered to the Munch System.
“User Account” shall have the meaning specified in Section 3.1 below.
“User Account Details Notice” shall have the meaning specified in Section 3.1 below.
2. Welcome to the Munch System
The Munch System provides the Services, which include (but are not limited to) content repurposing, data-driven creation and content publishing on social and content platforms, all as further detailed and subject to these Terms of Use.
3. Using the Munch System
3.1 Your Munch User Account
Our Services require you to open a user account (“User Account”).
In order to do that, you must fill in the registration form and provide us with a valid email address and with current, complete and accurate information as prompted by the registration form.
After submitting the completed registration form, we will send you a notice with your User Account details (“User Account Details Notice”) to the email address provided by you as part of the registration process.
In order to complete the registration process and to activate your User Account, you are required to complete the registration (the “Activation”).
Please add the following email addresses to your email contact list: create@getmunch.com
Munch shall not be liable for any failed deliveries or arrival of messages to your spam inbox. You may reset your password at any time and shall be notified via electronic mail on each reset.
You will provide Munch only with accurate information about yourself and shall not disclose your User Account information to others.
Munch reserves the right to deny creation of your User Account, or to terminate your User Account, based on our inability to verify the authenticity of your registration information.
You are entirely responsible for any and all activities that occur under your User Account. You agree to notify Munch immediately of any unauthorized use of your User Account or any other breach of data security.
Munch will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. You could be held liable for losses incurred by Munch or another party due to someone else using your User Account.
You may not use anyone else's User Account.
3.2 Content
Munch System allows you to upload certain Content, and Munch to access, create modify and edit such Content.
Notwithstanding anything to the contrary in these Terms, Munch reserves the right without further notice to you, to modify, edit and/or remove any and all Content to comply with law or in other reasonable circumstances.
You hereby represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and to authorize Munch to use the Content including, but not limited to, all Intellectual Property Rights in and to the Content, and to enable the uploading to, and the processing by, the Munch System and use thereof in the manner contemplated by these Terms of Use.
You will retain all of the ownership rights in your Content.
You hereby grant Munch a limited, worldwide, non-exclusive, royalty-free, non-sublicensable and non-transferable license to use, modify, edit, reproduce, distribute, display, and perform the Content only in connection with providing the Services and solely for the term of the Subscription.
You shall be solely responsible for any Content and/or Deliverables and/or any other content and data created, modified uploaded, and/or used by the Munch System.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL MUNCH BE LIABLE IN ANY WAY FOR ANY CONTENT AND/OR ANY DELIVERABLES, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS THEREIN, OR FOR ANY INFRINGEMENT OF THIRD PARTY RIGHTS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND/OR ANY DELIVERABLES.
3.3 Communication
We may communicate with you in an electronic form via the email address you have submitted as part of the registration process, with regard to Munch System updates, or any other issues related to your User Account and/or use of the Munch System.
In addition, as an integral part of the Munch System, you will receive notifications by email from Munch. In accepting these Terms of Use, you are agreeing to receive emails and notifications from Munch.
If you do not wish to receive notifications from Munch as above, you may turn the option to receive notifications by using the 'unsubscribe' link in the email message.
It is not possible to block receipt of notifications from Munch by email to the extent any such notifications are with regard to, or connected with, your use of the Munch System, and/or are required by law.
3.4 Technical Support
You may send any query you may have regarding the technical operation of the Munch System to us by email to create@getmunch.com.
We shall use reasonable commercial efforts to respond to your query as soon as possible, either by email to the email address you have submitted as part of the registration process, or by posting a response under the FAQ in the Site.
4. Subscription
4.1 Plans
The ‘Pro’, ‘Elite’ and ‘Ultimate’ Plans are available for a monthly or annual Subscription Fee, in which you may use the Munch System and receive the Services under the limitations of each Plan, as set out in Section 4.2 below.
Enterprise:
An ‘Enterprise Plan’ is available for a monthly or annual fee in which a User may use the Munch System under the negotiated limitations. An Enterprise Plan is customized for specific User Accounts based on terms negotiated between the User and Munch.
4.2 Subscription Fees
In order to use the Munch System and taking advantage of all its features, you are required to purchase a monthly or annual fixed-fee subscription (“Subscription”) by paying the subscription fees (“Subscription Fees”) of the Plan selected from one of the following available Plans (each, a “Plan”):
*Important Note: The final Fee, stated in your local currency, of the applicable Subscription Fee will be determined and will appear when you make your payment while using Stripe as stated in Section 4.4 below. The charge will be made in the currency in which the credit card stored in the Stripe system is active. The currency conversion calculation is done according to Stripe’s Terms of Use as in effect from time to time.
4.3 Terms of Payment
The Subscription Fees will be charged by us and paid by you on a monthly or annual recurring basis, in advance, at the price of the selected Plan. Subscription automatically renews on a monthly basis unless you terminate your subscription in accordance with the following terms.
4.4 Means of Payment
The Subscription Fees can be paid by using your Stripe account only. You will be solely liable for paying the Subscription Fees, as well as any applicable taxes, commissions and/or rates incurred by payment of the Subscription Fees.
After making the payment through your Stripe account, Stripe will send you a notification stating the transaction details (“Summary Notice”). The Summary Notice will be sent to your email address stored in the Stripe system.
You are responsible for paying the Subscription Fees even if payment by your Stripe account fails or is denied of any reason.
4.5 Subscription Period
THE SUBSCRIPTION PERIOD WILL COMMENCE ON THE ACTIVATION DATE, AND WILL CONTINUE INDEFINITELY UNTIL TERMINATED UNDER THESE TERMS OF USE (“SUBSCRIPTION PERIOD”).
Upon termination of the Subscription Period, your access to the Munch System will end and no further charges will accrue.
4.6 Terminating the Subscription
YOU MAY TERMINATE THE SUBSCRIPTION AT ANY TIME AND FOR ANY REASON (OR FOR NO REASON) BY SENDING US A TERMINATION NOTICE (“TERMINATION NOTICE”) BY USING THE 'UNSUBSCRIBE' BUTTON APPEARING IMMEDIATELY AFTER THE LOG-IN PAGE. THE 'UNSUBSCRIBE' BUTTON LINKS TO A PAGE ON THE STRIPE SYSTEM WHICH ENABLES THE TERMINATION OF THE SUBSCRIPTION.
Upon receipt of your Termination Notice, the following provisions will apply:
Your Subscription and access to any features will end at the end of the subscription period during which we received your Termination Notice.
You will not receive a refund for the month in which your termination notice was sent to us; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
To reactivate your Subscription, you can simply re-pay for your new subscription. However, you will be charged the whole amount of your chosen subscription fee and your monthly billing period will be renewed automatically. (i.e., if you cancel your subscription on Feb.10 and reactivate it on Feb.15, your monthly billing period will be automatically renewed every 15th of each month.) We will do our best to make it convenient for those who will revisit Munch in the near future.
4.7 Measures in the Event of Non-Payment
Subject to applicable law, in the event of non-payment within fourteen (14) days of the due date for payment, your Subscription will be deemed delinquent and we may terminate or suspend your User Account for non-payment. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
Should you, by any means or way, revoke or cancel any of the payments due by you to us, then we shall be allowed to supply our third party clearing or payment service, any information about such transaction, including, but not only, your email address, your IP address and activity pursuant to such denied transaction. The above shall not derogate from other rights and/or remedies afforded to us under these Terms of Use and/or any applicable law.
4.8 Changes to the Subscription Fees
We reserve the right to change the Subscription Fees at any time and from time to time, by posting a thirty (30) days prior notice on the Site and/or by sending you an email to that effect. Any change in the Subscription Fees will not apply to the Subscription then in effect at the time of the change.
4.9 Statutory Consumer Rights
The provisions of this Section 4 are subject to, and do not derogate from, any mandatory statutory rights that may be afforded to you by the applicable law in your jurisdiction.
5. Changes / Termination
5.1 Munch has the right to change the Munch System (or any portions thereof) at any time and from time to time, in its sole discretion and without prior notice, including (but not limited to), by way of adding or removing features or functionalities, creating new limits to certain Services, or temporarily or permanently suspending or stopping a Service.
5.2 In addition, Munch may stop (permanently or temporarily) providing access to the Munch System (or any features or functionalities thereof) to you and/or to Users generally, at Munch' sole discretion at any time and for any reason (or for no reason), and without liability to Munch or notice.
5.3 If Munch permanently stops providing you access to the Munch System (or any features or functionalities thereof), then these Terms of Use shall be terminated (except for provisions which by their nature are intended to survive termination as mentioned in Section 13 below).
5.4 Munch also retains the right to create limits on use of the Munch System (or any features or functionalities thereof) to you and/or to Users generally, at Munch's sole discretion at any time, and without liability to Munch or notice.
6. Restrictions on the Use of the Munch System
6.1 You may not do, or attempt to do, any of the following while accessing or using the Munch System:
6.2 You are solely responsible and liable for, and Munch has no responsibility to you or to any third party for, any breach of your obligations under these Terms of Use and for the consequences (including, without limitation, any loss or damage which Munch may suffer) of any such breach.
6.3 Any use, or attempted use, of the Munch System contrary to these Terms of Use is a violation of our rights. If you breach these Terms of Use, you may be subject to prosecution and damages.
7. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUNCH SYSTEM, THE SERVICES AND THE DELIVERABLES ARE PROVIDED 'AS IS', 'AS AVAILABLE', 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, AND MUNCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MUNCH SYSTEM, THE SERVICES AND THE DELIVERABLES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, EXHAUSTIVENESS, ACCURACY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MUNCH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MUNCH SYSTEM AND/OR THE SERVICES, THAT THE MUNCH SYSTEM AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MUNCH SYSTEM AND/OR THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE MUNCH SYSTEM AND/OR THE SERVICES WILL BE CORRECTED, THAT THE MUNCH SYSTEM AND/OR THE SERVICES WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
Any material accessed, downloaded or otherwise obtained through the use of the Munch System, is accessed at your own discretion and risk, and you will be solely responsible for and hereby irrevocably waive and release Munch and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any damage to your Internet access and/or loss of data that results from the download of any such material.
Munch provides all technical support on an 'as is' basis, and does not make any representation or warranty of any as to such support and/or the reliability, quality, accuracy, availability thereof, or its ability to meet your needs, provide certain outputs or achieve certain results.
Munch makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the System.
You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be completely secure, and Munch expressly disclaims any warranties, express or implied, to that effect.
Nothing generated by Munch System, whether Deliverables or otherwise, whether oral or written, obtained by you from us through the Munch System or otherwise, shall create any warranty, representation or guarantee not expressly stated in these Terms of Use.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations (or any part thereof) may not apply to you.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, (C) ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, AND/OR (D) ANY THIRD PARTY CLAIMS AGAINST YOU; WHERE THE DAMAGES REFERRED TO IN (A), (B), (C) AND/OR (D) ABOVE RESULT IN ANY WAY FROM ANY MATTER RELATING TO AND/OR ARISING FROM THE MUNCH SYSTEM, INCLUDING, WITHOUT LIMITATION (I) YOUR ACCESS TO AND/OR USE, INABILITY TO ACCESS OR USE THE MUNCH SYSTEM, AND/OR ANY EXTERNAL SITE; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT, AND/OR YOUR RELIANCE ON THE MUNCH SYSTEM; AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS AND/OR OTHER INACCURACIES IN ANY CONTENT ACCESSIBLE BY THE MUNCH SYSTEM AND/OR IN ANY DELIVERABLE CREATED THEREBY, AND/OR (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MUNCH SYSTEM; REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF MUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY OR DEATH) EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO MUNCH AS SUBSCRIPTION FEES (LESS AMOUNTS ALREADY PAID BY US TO YOU FOR ANY PREVIOUS LIABILITIES).
Any cause of action by you with respect to the Munch System, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or death, or of incidental or consequential damages, so the limitations above may not apply to you.
9. Indemnity
You will indemnify and hold Munch and its directors, officers, employees, partners, licensors and/or agents, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand and/or claim brought against Munch and/or its licensors by any Users and/or any other third party, due to or arising out of your use of the Munch System, any Feedbacks you send us, your violation of these Terms of Use, and/or your violation of any rights of another party.
10. Ownership
10.1 You hereby acknowledge that the Munch System as a whole constitutes an original work of authorship of Munch (and/or of its licensors), and that all present and future rights, ownership, title and interest in and to the Munch System, including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the Deliverables (whether or not any such Deliverable is protected by copyright, or by any other Intellectual Property Rights) within the Munch System, and the related instructions, databases and technology embedded therein or upon which the Munch System is based, and the related Intellectual Property Rights – are, as between you and Munch, and shall remain at all times, the sole and exclusive property of Munch.
The Munch System contains proprietary information, material and trade secrets that are owned by Munch, and are protected by applicable Intellectual Property and other laws, including but not limited to, copyright.
You may use the Munch System only in accordance with and subject to these Terms of Use.
10.2 You are not granted, and nothing contained in the Munch System and/or these Terms of Use should be construed as granting, by implication, estoppel or otherwise, ownership and/or any right and/or license in or to the Munch System, other than as specifically set forth in these Terms of Use.
10.3 Any third party trade or service marks present on the Deliverables (“Third Party Marks”) are trade or service marks of their respective owners, and may not be removed or altered.
10.4 THE USE OF THE MUNCH SYSTEM, EXCEPT FOR USE OF THE MUNCH SYSTEM AS EXPRESSLY PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF MUNCH AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
10.5 You agree that the 'Munch', trademark, trade name, service marks, graphics, logos and other brand features used in connection with the Munch System, are trademarks and trade names, or registered trademarks and trade names, of Munch (collectively, the “Munch Marks”), and are protected by applicable law.
Except as shall be present on the Deliverables, nothing in these Terms of Use gives you a right to use or display the Munch Marks in any manner.
10.6 Munch reserves all rights not specifically granted to you under these Terms of Use.
10.7 Excluding the Third Party Marks, the Munch Marks and the Munch IP (as defined below), you shall be the sole and exclusive owner of all right, title and interest in and to all of the Deliverables created by your use of the Munch System and/or the processing thereby of your Content, as of the inception thereof, including all Intellectual Property Rights encompassed therein.
You hereby grant Munch a limited, worldwide, non-exclusive, royalty-free, non-sublicensable and non-transferable license to use, modify, edit, reproduce, distribute, display, and perform the Deliverables only in connection with providing the Services and solely for the term of the Subscription.
To the extent that any of our Intellectual Property is embedded and/or otherwise incorporated in any Deliverable created by your use of the Munch System and/or the processing thereby of your Content (the “Munch IP”), is, as between you and Munch, and shall remain at all times, the sole and exclusive property of Munch. We hereby grant you a non-exclusive, worldwide, irrevocable, transferable, sublicensable, perpetual, fully paid up and royalty free, right and license to use such Munch IP solely as part of your use of such Deliverable.
10.8 For the purposes of these Terms of Use:
“Intellectual Property” means all intellectual, moral, industrial and/or proprietary property and rights now or hereafter recognized under any applicable law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including, but not limited to (i) all forms of patents and utility models; (ii) inventions, discoveries, (whether patentable or not); (iii) rights associated with works of authorship, including but not limited to copyrights and maskworks; (iv) trademarks and service marks, trade names, domain name registration, and all goodwill associated therewith; (v) industrial designs (whether or not capable of registration), and design rights; (vi) database rights; (vii) trade secrets and know-how; (viii) all rights to confidential or proprietary information; and with respect to the intellectual property included in paragraphs (i) through and including (viii) above - any rights analogous to those mentioned herein; all derivative works thereof; and any current or future applications, substitutions, revisions, additions, renewals, extensions, restorations, provisionals, continuations, continuations-in-part, divisions, reexaminations and reissues thereof or thereto; the right to apply to any of the above; all rights and privileges, statutory and non-statutory with respect to any of the above, including, but not limited to, the right, if any, to sue or bring other actions for past, present and future infringement thereof; and all of the tangible embodiments thereof.
“Intellectual Property Rights” means all rights, title and interest in and to any Intellectual Property.
11. External Sites
The Munch System may enable access to certain third party websites, including (but not limited to) social media platforms that have a link on the Munch System (collectively, “External Sites”).
We are not responsible or liable for the practices employed by External Sites linked to the Munch System, nor for the information or content contained therein.
When you use a link to go from the Munch System to External Sites, these Terms of Use and our Privacy Policy are no longer in effect.
Your browsing and interaction on any External Site, are subject to that External Site's own rules and policies. For example, when choosing to use the YouTube API, allowing you to publish directly to YouTube, you will be bound to YouTube’s terms of use - https://www.youtube.com/t/terms.
WE DO NOT WARRANT OR ENDORSE ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SITES AND ARE NOT LIABLE FOR ANY LOSS AND/OR DAMAGE WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON, AS A RESULT OF, AND/OR IN CONNECTION WITH, ANY RELIANCE PLACED BY YOU ON ANY OF THE ABOVE.
In addition, External Sites that may be accessed from the Munch System are not available in all languages or in all countries.
We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.
12. Acknowledgments
13. Termination
These Terms of Use shall be effective until terminated by you or by Munch.
Without derogating from Munch's right to terminate these Terms of Use as set out in Sections 4.6 and 5 above, Munch, at its sole discretion, without notice to you, may terminate these Terms of Use, effective immediately, if you, in Munch’s sole discretion, fail to comply with any of the provisions of these Terms of Use, without prejudice to the right of Munch to be indemnified for its damages and any other right and remedy.
In the event of expiration or termination of these Terms of Use for any reason, the provisions which by their nature would continue beyond expiration or termination (including, without limitation, the provisions of Sections 1, 3.2, 4.6, 6.2, 7, 8, 9, 10, 13 through and including 21), shall survive such expiration or termination for any reason and shall continue to apply.
Munch shall not be liable to you or any third party for the expiration, termination or suspension of your access to the Munch System, or any claims related to such expiration, termination or suspension.
Upon expiration or termination of these Terms of Use, you will cease all use of the Munch System.
14. Restrictions on Linking or Framing the Site
You may not, without Munch’ express prior written permission, (i) display (‘frame’) content of the Site (or any portions thereof) within another Internet site, or (ii) archive, cache or mirror the Site (or any portions thereof).
15. Unsolicited Feedback Submission Policy
You agree that any ideas, remarks, comments, proposals, suggestions, recommendations, feedback, any other input and/or information that you may provide to Munch (collectively, “Feedback”), is entirely voluntary, and that Munch will be free to use any such Feedbacks if and as Munch will see fit, without any obligation or compensation to you or any other person sending the Feedback. Munch will have exclusive ownership of all present and future existing rights to any of Feedbacks of every kind and nature everywhere, and you hereby irrevocably assign to Munch all rights therein. Munch will not be required to treat any Feedback as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. You hereby irrevocably waive and release Munch and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any Feedback and the use or non-use thereof by Munch.
16. Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
17. Export Regulations
You may not use or otherwise export or re-export the Munch System except as authorized by United States law and the laws of the jurisdiction in which the Munch System was accessed. In particular, but without limitation, the Munch System may not be exported or re-exported (a) into any countries subject to U.S. embargo and trade sanction programs, or (b) to anyone on, or acting on behalf of, the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List.
By using the Munch System, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo or trade sanction programs, or that has been designated by the U.S. Government as a “terrorist supporting” country; that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and that (iii) you are not a Restricted Person. You also agree that you will not use the Munch System for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
18. Governing Law and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.
Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Use, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Notwithstanding the above, you agree that Munch shall be allowed to take any legal action against you in any jurisdiction.
19. Address and Notices
Munch' address for the purposes of these Terms of Use is 14 Lassalle St., Tel-Aviv, Israel.
Any questions, complaints, claims or other communication to Munch concerning the Munch System should be directed to: create@getmunch.com.
Communications made to us by email will not constitute legal notice to Munch or any of its directors, officers, employees, partners, licensors and/or agents.
We may send you notices with respect to the Munch System by, email, regular mail, or postings on the Munch System, or by any other means reasonably designed to give you such notice.
All communications between Munch and you will be in the English language only.
20. Changes to these Terms of Use
We may change these Terms of Use at any time and from time to time without liability to Munch or notice. Any such change will be effective immediately as of the date it is posted on this page.
Your continued use of the Munch System after the effective date of any changes to these Terms of Use, will be deemed to constitute your acceptance of any and all such changes.
21. Miscellaneous
Headings and Interpretation. The headings of the Sections in these Terms of Use are for reference only and shall not be considered in the interpretation hereof. In these Terms of Use, unless the context otherwise requires or expressly stated otherwise: singular terms include the plural and vice versa; the use of any gender shall be applicable to all genders; the words “include” and “including” will not be construed as terms of limitation; the words “day”, “month” and “year” mean respectively, calendar day, calendar month and calendar year. References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.
Any translation of these Terms of Use is provided solely for your convenience and is not intended to modify these Terms of Use. In the event of a conflict between the English version of these Terms of Use and a version in a language other than English, the English version shall prevail.
Entire Agreement. These Terms of Use, together with Munch's Privacy Policy, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Use.
Severability. In the event that any provision of these Terms of Use is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Use remain in full force and effect.
Waiver. No waiver on the part of Munch of any right under these Terms of Use shall be effective unless in writing and signed by Munch' duly authorized representative. No waiver on the part of Munch of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Use.
No Partnership. Nothing contained in these Terms of Use shall be construed as creating a partnership, joint venture, agency or other similar relationship between Munch and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Munch.
Assignment. You may not assign or otherwise transfer any of its rights and/or obligations under these Terms of Use without prior written approval by Munch, and any purported assignment or transfer without Munch's consent shall be null and void. Munch may assign and/or otherwise transfer some or all of its rights and/or obligations under these Terms of Use to any third party without consent or notice. Subject to the above, these Terms of Use shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third Party Beneficiaries. These Terms of Use do not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.
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Last updated: August 3, 2023
Affiliate Program Terms and Conditions
These Affiliate Program Terms and Conditions ("Terms") govern your participation in the Munch Affiliate Program ("Program") offered by Munch Content Platform Ltd, ("Company"). By enrolling in the Affiliate Program, you are bound by these Terms.
We strongly recommend reviewing these Terms thoroughly before becoming a member of our Program.
Enrollment in the Program
1.1 Eligibility: To be eligible for the Program, you must be at least 18 years old and have the legal authority to enter into a binding agreement. Companies, organizations, and individuals are welcome to participate. Accounts registered using automation (e.g. by bots or other means) are not permitted.
1.2 Registration: To enroll in the Program, you must complete the affiliate registration form available on our website. We reserve the right to accept or reject any affiliate application at our sole discretion.
Affiliate Responsibilities
2.1 Promotion: As an affiliate, you agree to actively promote and market Munch by sharing your unique referral link or referral code as provided by our software.
2.2 Compliance: You shall adhere to all applicable laws, regulations, and ethical guidelines in your promotion of Munch. This includes, but is not limited to, complying with anti-spam laws, privacy laws, and intellectual property rights. You also agree that your website, service or correspondence does not contain any materials that at Rewardful’s sole discretion are considered to:
2.2.1 Encourage the display of explicit nudity, adult-oriented material, explicit sexual language, as well as images depicting individuals in suggestive or sexually explicit positions or engaging in activities that are inappropriate or against the law in your specific location;
2.2.2 Include content that is violent, obscene, defamatory, libelous, slanderous, or unlawful;
2.2.3 Encouraging expressions of hatred, whether targeting an individual or a collective, and regardless of their race, gender, beliefs, country of origin, religion, marital status, sexual orientation, gender identity, or language;
2.2.4 Include any materials that violate or facilitate the violation of copyright, trademark, or other intellectual property rights, or that contravene the law;
2.2.5 Include “Getmunch” or variations or misspellings thereof in its domain name as keywords in PPC campaigns;
2.2.6 Advocate for political or religious ideologies and/or demonstrate affiliations with hate, criminal, or terrorist acts;
2.2.7 Encourage gambling activities, encompassing but not limited to online casinos, sports betting platforms, bingo halls, or poker rooms;
2.2.8 Contain software downloads that potentially enable diversions of commission from other Partners in our program;
2.2.9 Make representations through domain name, code, designs, imagery, video, text or otherwise that make your website resemble the munch website in a manner which leads customers to believe you are the munch website, business or a legal representative of Munch in any way. Creation of separate websites to solely promote Munch software requires a prior written approval from Affiliate Program Manager.
2.2.10 Offer coupons, rebates, or other forms of kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with Munch, however, is acceptable, if prior permission is received from the Affiliate Program Manager;
2.2.11 Make false claims and promote non-existing discounts, coupons, bargains or use other misleading strategies to gain traffic through the partner links;
2.2.12 Promote any special deal or offer in a way that contradicts the arrangement set forth by the Partner Program Manager when offering such a deal to you;
2.2.13 Create pop-unders, pop-ups, frames, iframes, or any other visible or invisible activities that place affiliate cookies without obtaining the consent of the end user, unless the user has clearly and explicitly indicated their interest in accessing specific savings by clicking on a prominently labeled button, link, or image related to that specific deal or discount. In such instances, the links should lead users to the munch website.
2.3 Accurate Representation: When promoting Munch you must accurately represent the Company and its offerings. You may not engage in any deceptive, misleading, or fraudulent practices that could damage the Company's reputation.
2.4 Prohibited Activities: You shall not engage in any activities that could harm Munch, its customers, or affiliates. This includes, but is not limited to, using illegal or unethical methods to drive traffic or generate referrals, such as spamming, cookie stuffing, or incentivized referrals. Further restrictions:
2.4.1 We do not work with coupon cashback websites. Any discounts provided to you must not be displayed publicly. If a non-coupon, cashback or discount website displays a discount or a coupon after receiving prior written consent from our Affiliate Program Manager, users must be able to clearly see such deal/coupon/savings information and details before affiliate cookie is set. (Sites with links to “click here to see coupon” which redirects to the munch website are not allowed.)
2.4.2 Your site may not have “Click to see Coupon/Deal” or any variation that redirects to munch website, when there are no coupons or deals available. Affiliates using this tactic will be removed from our program immediately.
2.4.3 You may not bid on or use keywords or phrases, such as Munch Coupon(s), Getmunch Discount(s) or other phrases implying coupons are available. The use of any incorrect spellings of our brand name, either alone or in conjunction with words like coupon, deal, savings, or any similar variations or synonyms, is strictly forbidden.
2.4.4 You may not use any misleading content, messaging, referral links, buttons or images to advertise anything else besides deals that are currently authorized. Your marketing endeavors should have a clearly discernible commercial objective.
2.4.5. You have the exclusive responsibility for maintaining and updating the information on your website. For instance, if there are any changes to munch's pricing policy, it will be your duty to ensure that this information is updated. In certain cases, we may monitor your site to ensure it remains current, and we will notify you of any changes that we believe could improve your performance.
2.4.6 You are limited to creating and using a single account as our affiliate. However, within that account, you are permitted to use multiple domains.
2.4.8.Creating another account in our Affiliate Program is not permitted if your previous account has been terminated.
Commission Structure and Payment
3.1 Commission Rates: The details of applicable commission rates can be found on your dashboard once you register for the program. These rates are subject to change at the Company's discretion and will be communicated to you in advance.
3.2 Qualified Referrals: A qualified referral is a customer who signs up for a paid subscription to Rewardful using your unique referral link or referral code. Only qualified referrals are eligible for commission payouts.
3.3 Commission Payouts: Commissions earned will be paid out once a month usually on the 10st day of the month, unless it falls on the weekend or public holiday, in which case commissions will be paid on the first business day following the holiday or weekend day. The Company reserves the right to modify the payout schedule at any time. Payouts will be made in USD.
3.4 Minimum Payout: A minimum commission threshold of $50 is applied before a payout can be made. Commissions will accrue until this threshold is met.
3.5 Payment Method: Commissions are paid via PayPal. It is your responsibility to provide a valid PayPal email address and update it as necessary.
3.6 If a partner's account remains inactive for 6 months and their balance is $50 or less, it will be deleted from our system. In such cases, any commissions below the minimum payout threshold of $50 will be lost.
Term and Termination
4.1 Term: These Terms will remain in effect until terminated by either party. You may terminate your participation in the Program at any time by providing written notice to the Company.
4.2 Termination for Cause: The Company reserves the right to terminate your participation in the Program immediately if you violate these Terms or engage in any prohibited activities.
4.3 Effect of Termination: Upon termination, you will no longer be eligible to earn commissions. Any unpaid commissions earned before the termination date that are below the minimum payout threshold will be voided.
Intellectual Property
5.1 Limited License: The Company grants you a non-exclusive, non-transferable, revocable license to use its logos, trademarks, and promotional materials solely for the purpose of promoting Munch as an affiliate.
5.2 Intellectual Property Rights: You acknowledge that all intellectual property rights in Munch, its trademarks, and associated materials belong to the Company. You shall not modify, reproduce, or distribute any of these materials without the Company's prior written consent.
Limitation of Liability
6.1 No Warranty: The Company provides no warranty or representation regarding the Program, its availability, or the accuracy and completeness of the tracking and reporting systems. The Program is provided on an "as is" basis.
6.2 Limitation of Liability: In no event shall the Company be liable for any indirect, consequential, or special damages arising out of or in connection with the Program, including but not limited to lost profits or loss of business opportunities.
General Provisions
7.1 Modification: The Company reserves the right to modify these Terms at any time. Any modifications will be republished on your affiliate dashboard with an updated date. Your continued participation in the Program after such modifications constitutes your acceptance of the updated Terms.
7.2 Parties' Relationship: You and the Company are considered separate entities, operating as independent contractors. The provisions in these Terms do not establish a partnership, joint venture, agency, or employment connection between both parties.
7.3 Governing Law and Jurisdiction: The terms will be regulated and interpreted in compliance with the laws of Delaware, US. Any conflicts arising from these terms will be exclusively resolved in the courts of that jurisdiction.
By joining the Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Affiliate Program Terms and Conditions
Last updated: March 7th, 2024
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