General Terms and Conditions
LAST UPDATED: April 10, 2019
1. Accepting the Terms and Conditions.
Welcome to Comonetize. These Terms and Conditions set forth the Agreement between you and Comonetize Ltd. (“Comonetize”, “we” or “us”) regarding your use of our online service, specifically including each Comonetize space you create or join (the “Services”). Any use or access of this website, comonetize.me , cmtz.me or any of their subdomains (the “Site”), by you is subject to and conditioned upon assent to and compliance with, all of the terms and conditions below, as may be changed at our complete discretion from time to time (the “Agreement”).
BY USING THE SITE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US, COMONETIZE LTD., AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SITE.
If you disagree with any part of the Agreement, you may not access the Service.
2. Representations by Community Leaders, Community Members and Recruiters.
(i) Community Leaders Representations.
As a leader of an online community, an individual or entity using our Services for the managing of a community ("Community Leader"), Comonetize offers you a platform for managing, engaging and interacting with your community, while offering you an opportunity to monetize your community's activities through a designated board (“Community Board”) and/or through offering premium services to your community members with our Services ("Premium Membership"). You shall manage these activities using an admin dashboard. Any such community is meant to be joined by Members and Recruiters/Companies with the purpose of engaging and interacting with each other regarding their community (each such community, a “Community” or “Comonetize Space”). As a Community Leader you represent and warrant:
The Services provided to you on this Site are provided subject to a fee and constitute a temporary authorization to use the services of Comonetize.
The use of the monetizing Services offered by Comonetize, involves a fee which shall be determined at the sole discretion of Comonetize, all as stipulated under Section 9 of this Agreement.
Comonetize has no control over the Content (as defined below) posted by i) you as a Community Leader, ii) Community Members, or iii) Recruiters or Companies, all as stipulated under Section 6 of this Agreement.
You shall adhere to all applicable privacy laws and regulations required with regards to your community and all Community Members' Content (as defined below).
As a Community Leader, you are free to close your Community Board at any time. However, if you choose to monetize your community and begin charging fees, you shall bear exclusively and to the fullest extent any and all responsibility of claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees), resulting from or arising out of your actions.
Comonetize assumes no control over your actions with regards to the management of your community and has no responsibility to any claims of infringements of any rights of third parties.
It is hereby clarified and agreed upon that Comonetize holds no responsibility and/or control over the Community Members' and Recruiters' actions, and you shall have no claim against Comonetize in this matter. Without derogating from the above, you shall indemnify Comonetize for any loss or expenses incurred by any such claim to the fullest extent
(ii) Community Members Representations.
As a member of an online community participating in our Services ("Community Member"), Comonetize allows you to participate in a Comonetize Space Community. Community Members can join by themselves or accept invitation from the Community Leader. Each Community Member may open a personal/professional profile, upload photos, add links and apply to ads that were posted on the Community Board. As a Community Member you hereby declare, represent and acknowledge the following:
Your name and contact information will be made available to the Community Leader and to Recruiters, if and when you shall choose to apply to their offerings. All of the details you post on your profile will be public.
You may participate in a Community free of charge, or under a fee, as decided by the sole discretion of the Community Leader.
Recruiters may or may not contact you; Comonetize has no part in their choosing to do so, and is not responsible as to whether or not such approach is actually made to you, nor liable in any way with regards to the Content of their approach.
When Community Members apply to an ad, the publisher of the ad gets their full details and can track their application details on his Comonetize profile.
You are solely responsible for maintaining the confidentiality of your Account and password.
It is clarified and agreed upon that Comonetize holds no responsibility and/or control over the Community Leaders' and Recruiter's actions, and you shall have no claim against Comonetize in this matter.
You may choose to remove your personal information at any time on your personal space at the Site.
(iii) Recruiters' Representations.
Comonetize allows Recruiters, companies and Community Members to post ads on the community's board. If you are a new user to the Community, Comonetize will create for you a Recruiter's profile from which you can manage your ads, payments and applications (each of the above mentioned, separately: "Recruiter").
As a Recruiter, you hereby declare that you authorize the transfer of your Content and personal details / offer details/business profile and/or any other information to Community Leaders and Community Members on the Site.
The Services provided to you on this Site are provided subject to a fee and constitute a temporary license to use the services of the Comonetize.
The use of the monetizing Services offered by Comonetize, involves a fee which shall be determined at the sole discretion of Comonetize, as updated and published by Comonetize from time to time.
It is clarified and agreed upon that Comonetize holds no responsibility and/or control over the Community Leaders' and Community Members' actions, and you shall have no claim against Comonetize in this matter.
Comonetize holds no control over the Content (as defined below) posted by i) you as a Recruiter, ii) Community Members, or iii) Community Leaders.
When you create an account with us, you guarantee that you are at least the age of maturity in the state or country where you live, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
4. Changes to the Agreement.
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 7 day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to access the Site
5. The Site.
Access and use of the Site and any Content made available at the Site or that you otherwise obtain in connection with the Site, is permitted only for your own use as intended pursuant to the Site, and only as long as you are in compliance with this Agreement.
You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Site including imposing a fee for the use of certain services, upon posting a notice on the Site. In addition, we may, from time to time, perform maintenance upon the Site resulting in interrupted service, delays or errors in the Site. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness. By posting Content on or through the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to this Agreement. We retain the right but not the obligation to monitor and edit all Content provided by users. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. General User Conduct.
You agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Site. Without limiting the foregoing you may:
Not use the Site or any Content (including without limitation any articles, images, photographs, graphics), to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site or Content (including without limitation trademarks, service marks and logos contained in the Site (“Marks”).
Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any of the Site's security and traffic management devices, software or routines.
Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site except if and to the extent permitted by applicable law.
Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, monitor or scrap information from this Site, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site).
Not use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not
Some services available on the Site are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Comonetize cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Comonetize customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Comonetize with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Comonetize to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Comonetize will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Comonetize, in its sole discretion and at any time, may modify the Subscription fees, as stipulated under Section 9 of this Agreement.
Fee Changes. Comonetize, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Comonetize will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change become effective. Your continued use of the Site after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Availability, Errors and Inaccuracies. We are constantly updating service offerings on the Services. You may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Refunds. Except when otherwise required by law, paid Subscription fees are non- refundable.
Comonetize pricing for Community Leader is based on the scale of the activity and the size of the community, starting from free subscription. Comonetize will charge a percentage fee of all transactions made on your Comonetize Space, as was specified to you upon registration.
Comonetize will collect the payments and issue invoices for the premium and paid activity on your Comonetize Space, you can monitor all transactions details in your dashboard. You shall be able to collect your payments periodically (“Collected Payments”), by clicking the “collect” button in your dashboard. Comonetize shall then transfer you the Collected Payments, after subtracting the Fee, in one of the payment methods available through our third party payment supplier.
Please note that you must accumulate a US$200 income in aggregate in order to exercise your Collected Payments.
The Community Leader may choose to offer you various registration options. All fee payments and refunds upon the cancelation of your registration or a Community Leaders decision to close the Community Board, shall be settled solely by you and the Community Leader.
If you post an ad on the Comonetize Space Community Board, you might be asked by the Community Leader to pay a fee for it or for its promotion, as was specified on their Comonetize Space. All fee payments and refunds upon the cancelation of the publication of your ad or a Community Leaders decision to close the Community Board, shall be settled solely by you and the Community Leader.
11. Proprietary Rights Policy.
The Content, including without limitation Marks and design files, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content and Site not expressly granted herein are reserved. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, or if you believe that any material contained on this Site infringes your copyright, please submit your claim via email, with the subject line: “Copyright Infringement” to email@example.com. We will investigate any report.
12. Links to Other Websites.
13. Termination of Your Account.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, subject to our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Site and unsubscribe. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimers of all Warranties.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLCIABLE LAW, WE 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.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SITE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR ACCESS OF THIS SITE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES; OR (III) YOUR ACCESS OF THE SITE BEING LAWFUL IN ANY PARTICULAR JURISDICTION.
YOUR USE AND ACCESS OF THIS SITE AND CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING ANY DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE), OR (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ALL OF THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND BY A COMPETENT AUTHORITY TO BE LIABLE FOR ANY DIRECT DAMAGES INCURRED BY YOU, DUE TO ANY WILLFUL ACT ON OUR PART, OUR ENTIRE LIABILITY SHALL BE LIMITED TO US$ 1.
16. Limitation of Claims.
Any claim or cause of action arising out of or related to the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE OR THE CONTENT (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); OR (II) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
18. Governing Law and Jurisdiction.
This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Tel- Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court and in any relevant jurisdiction.
19. Infringement Notices and Takedown.
If you believe that any material contained on this Site infringes your copyright, please report this to us. We will investigate any report. Contact.
Feel free to contact us at firstname.lastname@example.org with any questions about this Agreement.
This Agreement and our rules and policies in this Site comprise the entire agreement between you and us, state our and our suppliers' entire liability and your exclusive remedy with respect to the Site, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site.
How Do We Collect Personal Data?
We collect data in three ways, the first is via the data you voluntarily provide us, by filling out forms; the second is when we receive data about you from our other users (such as our community leaders) and the third is by the way you act in our service (such as the pages you viewed, the areas you clicked).
What Personally Identifiable Date Do We Retain?
We collect and use the following information:
If you are a community leader or member, then we retain data that includes your name, email address, photo, hashed password, your preferred language, data about your profession and demographics, your payment details, and your approximate location.
If you are a community member, we also retain data about the social accounts that you connected with our service, such as LinkedIn, Facebook or Google, data about your professional experience and your interaction with recruiters and jobs posted, including the files you attached your website submissions to job applications.
If you are a recruiter, we retain your name, email address, photo, hashed password, your preferred language, data about your company, the open positions in that company that you posted to our platform, your payment method and your approximate location. We also keep data about the interactions between yourself and our members.
Please note that when community leaders open a new community, they may be able to import their contacts and to invite them to the community. In such case, we require that community leaders receive consent from their members before doing so and that all data stored about these prospective members will be dealt as member information.
How Do We Process This Data?
We use the data to provide you and other users with the services, display and notify you about ads and to improve the services. These are the only purposes which the data is used for. We do not spam, and we do not sell your data. We do provide recruiters access to your personal data if you applied to their open positions. Please note that some of the communities are visible to search engines and the web, meaning that when you post information it is public and be seen by all.
Who Are The Third Parties Who Have Access To This Data?
We provide access to our employees, who are under strict confidentiality obligations, and to several third parties who provide us with services.
First and foremost, we provide member information to our leaders and recruiters, as this is the purpose of organizing a community.
We also use SendGrid to send emails to our members, Bluesnap and PayPal for payment, Green Invoice for accounting, Google Analytics to improve and learn how people use our services, and Tipalti to reward our community leaders. Each of these service providers is required to maintain confidentiality and to report in any case of a breach. We store our servers at Linode.
We Might Do Remarketing.
When you use our service we place a cookie, which is a small file, on your browser’s storage. This helps us present you with advertisements when you browse the web and allow us to remarket, meaning to show you ads that include specific reference to your use of our service.
When you use our service, we place a small text file in your browser storage space, which is called a “cookie”. This helps us to identify you as a user and to avoid requesting your name and password in any page you view. If you do not want us to store a cookie, you may delete it from your device via your browser preferences.
Can We Contact You with Promotional Offers?
Yes. We may use the data you provide us, including your email address and phone numbers to provide you with promotional offers and newsletters. We may also contact you if we believe your account was compromised. Please note that community leaders may also contact you, as they have access to your contact information.
Can You Review or Remove Your Data?
Yes. You can always review your data by sending us an email to email@example.com. You can also request to delete all relevant data or that we amend inaccurate data. When we receive this request, we will notify the community leader and request that they also delete your data. If you become aware that one of our leaders did not respect our request, please let us know so we can commence with rectifying this as soon as possible.
Children and Minors. Our service is not meant for minors or children, and we do not knowingly process any data relating to a minor. If you become aware of such processing, do let us know.
Compliance with Law Authorities. We comply with competent and authorized law authorities and shall provide them with data should we receive a valid request.
How Do We Deal with Privacy Complaints? Our privacy officer receives complaints and shall review them in accordance to the law; we will update you when the complaint was resolved.
Copyright © 2019, Comonetize Ltd. All rights reserved.