Terms of service
Welcome to DoNanza.com (“DoNanza”), an online directory/hub of web-based, on-demand applications (“BizApps”) that are useful for freelancers and independents. Among other things, DoNanza allows users to test drive, review and install the BizApps applications.
By visiting the DoNanza website, you agree that your visiting and use of the DoNanza website is governed by the legally binding terms and conditions below (the "Agreement"). If you do not agree with the terms and conditions set forth herein, you must not accept this Agreement and may not use the Services (as defined below). Please read these terms carefully before accepting them.
If you are entering into this Agreement on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this Agreement, and the terms “you” and “your” will refer to that company or organization. If you do not have that authority, or if you do not agree with these terms and conditions, you may not use and you must leave DoNanza.
DoNanza may modify this Agreement from time to time and such modification shall be effective upon posting such updated terms on the DoNanza website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
In order to participate in certain DoNanaza Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the DoNanza Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Minors are not allowed to purchase Services. Accordingly, by purchasing Services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents. Your profile may be deleted and your registration as a member with the website may be terminated without warning, if we believe that you are in violation of any of the above.
3. ACCESS TO YOUR DATA BY DONANZA APPLICATION PROVIDERS
If you test drive or install any of the BizApps that are not official DoNanza's products as provided on the website, those applications may transmit your data outside of DoNanza’s systems during normal use, and the providers of those applications may be able to obtain access to your data in DoNanza’s systems through the DoNanza.com Application Programming Interface ("API"). That may result in the disclosure, modification or deletion of your data by those providers or their applications. Further, the BizApp provider and its agents and partners may collect and use, data pertaining to your configuration and use of the application. DoNanza is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through third-party using the BizApps or their providers.
4. PROVIDED SERVICES
4.1 Subject to full compliance with the terms of this Agreement, DoNanza shall provide certain services, as described more fully on the website (the "Services"). Services may include, the ability to post reviews of applications you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to DoNanza. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on DoNanza. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
- You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
- If you post a review of, or comment on, your own application, you must disclose your affiliation.
- If you post a review of, or comment on, a competitor's application, you must disclose your affiliation.
4.2 While DoNanza is not responsible for and does not review the content posted by you, we reserve the right, in our sole discretion and for any reason at any time, to remove or edit any review or comment on DoNanza. We may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. DoNanza may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any DoNanza product or image or webpage including such which have been created by users unless stated otherwise.
4.3 Content unrelated to a review or comment of the relevant application – for example, discussing our employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
- is inconsistent with the permissible uses contemplated by this Agreement;
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising, "junk mail," "spam," "chain letters," "pyramid schemes or any other form of commercial solicitation;
- "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003; or
- impersonates any other person or entity, including any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or an entity.
4.4 You agree to indemnify and hold DoNanza harmless from any claims resulting from the use of the Services which damages you or any other party. DoNanza reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for DoNanza benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in DoNanza's sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or the terms under this Agreement, DoNanza may delete yout pst, and notify you of the action. You agree to waive any cause of action or claim you may have against DoNanza for such action.
4.6 We do not claim ownership of the content of reviews or comments you post on DoNanza. However, you hereby grant us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of DoNanza by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so. We shall not be liable for any use or disclosure of the above mentioned content.
4.7 Please note that part of the Services (or special features) may be provided only to users who subscribe for such Services and DoNanza may charge fees for such Services. The Services are provided by DoNanza AS IS and DoNanza assumes no responsibility for any failure in providing the Services to the users.
4.8 The Services provided by DoNanza on the website are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including cancellation terms, refund policy etc.) as detailed on the website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
5. GENERAL UNDERTAKINGS
You accept sole responsibility for all of your activities using the DoNanza website, including your conduct on the Website and any and all content you may submit, post or share via the website. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You will not use the DoNanza Services and/or BizApps for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
DoNanza, the DoNanza logo, donanza.com, BizApp, Net:Work and other marks of donanza.com and other distinctive brand features used on DoNanza website are trademarks or service marks of CrowdIT Ltd. and may not be used in any manner without our express prior written consent.
We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action. We may enforce the terms of this Agreement by any legal means, including, but not limited to, warning you of violations; disabling or suspending privileges and/or access; deleting, screening or editing any content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful, objectionable or inaccurate. We may release information concerning your use of DoNanza (including registration information, and network records and published content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect against fraudulent, abusive or unlawful use of DoNanza; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use DoNanza violate this Agreement, constitute an unlawful trespass to our equipment and systems, and may result in legal action.
To report violations of this Agreement, please email firstname.lastname@example.org with appropriate details, including your contact information.
8. ON LINE COMMUNICATIONS
8.1 User License. Except as described herein, any communication which you post on any public area of the website such as comments, forums etc., is considered to be non-confidential. By placing any information or other material on such publicly accessible locations on the website (including but not limited to posting messages, uploading files or pictures, inputting data or engaging in any other form of communication), you automatically grant (or warrants that the owner of such content has expressly granted) to DoNanza a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, modify, adapt, publish, edit, translate, create derivative works of, publish and/or broadcast, publicly perform or display any content, materials or other information you submitted to public areas of the website, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and sublicense such rights through multiple tiers of sublicense.
8.2 User Submissions. You understand that all user submissions of content are the sole responsibility of the user uploading such content. You, and not DoNanza, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the website or any BizApp. DoNanza does not control the content uploaded by users, and accordingly does not guarantee the accuracy, integrity or quality of such content or that its uploading does not infringe any third party rights.
Most of the applications and content on DoNanza are submitted by parties other than DoNanza. That third-party content is the sole responsibility of the originator of that content. We are not responsible for any third-party content, whether or not we reviewed or moderated such content. You are fully aware of the fact that DoNanza shall not have any responsibility or liability with regard to any third party services used by you on or through your website account. You agree that you bear all risks associated with using or relying on applications and content on DoNanza. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of DoNanza. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any applications or content on DoNanza, regardless of who originated that content (including our employees, partners, affiliates or moderators), and even if an application is designated as “certified”. We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. We shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on DoNanza.
You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from and against any and all claims by third parties, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited reasonable attorney fees and costs), arising out of content you submit to or publish on DoNanza, your use of DoNanza website, your violation of this Agreement, or your violation of any rights of a third party including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the DoNanza website.
Nothing on any purchase order or preprinted form shall add to or vary the terms of this Agreement. If any provision of this Agreement is held by a court to be invalid or unenforceable, then that provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by us in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matter contained herein. There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
12. QUESTIONS AND COMMENTS
If you have questions or comments about this Agreement, DoNanza or the BizApp provided by DoNanza, please refer to the website or contact DoNanza directly. If the BizApp is provided by another party of the than DoNanza, then you should contact such party directly with any questions regarding such terms.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DONANZA BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DONANZA SERVICES, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DONANZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DONANZA SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE DONANZA SITE, FROM INABILITY TO USE THE DONANZA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DONANZA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DONANZA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DONANZA SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DONANZA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DONANZA SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DONANZA SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DONANZA SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall DoNanza be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. DoNanza makes no representations that the DoNnaza website is appropriate or available for use in all locations. Those who access or use the DoNanza website from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
DoNanza does not permit copyright infringing activities and infringement of intellectual property rights on the website, and DoNanza will remove all content if properly notified that such content infringes on another's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DoNanza infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DoNanza to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DoNanza a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to DoNanza Ltd., copyright agent, 14 bar cochba street, bnei brak, Israel; We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
You are responsible for maintaining the security of your account, posts and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify DoNanza in writing of any unauthorized uses of your account or any other breaches of security. DoNanza cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You acknowledge and agree that under no circumstances will DoNanza be liable, in any way, for any acts or omissions by any DoNnaza user or other third party, including any damages of any kind incurred as a result of such acts or omissions.
(1) These Terms of Service will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
(3) Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by DoNanza. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DoNanza's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
(4) YOU AND DONANZA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DONANZA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
© 2012 DoNanza inc. All rights reserved.
Effective Date: May 24, 2012