Terms & Agreements
Terms and Conditions
Please read carefully, and mark you understand how AutoDS Tools works and agree to all terms.
Terms and Conditions
Last update: 11 November 2016
AutoDS Tools is not affiliated or endorsed by eBay Inc or Amazon Inc or Best buy inc. or Walmart Inc. or any other website referred as "Source" in AutoDS Tools in any way. Your use of AutoDS Tools and all its web program solutions is entirely at your own risk and we will not be held liable for any losses that may result from using our software.
Accepting these Terms
Accepting this terms and start using AutoDS Tools means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if you have any question regarding one or more of the terms, please contact us before accepting terms.
Changes to these Terms
We reserve the right to change this Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Terms of Service periodically to stay informed about our practices. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.
When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account. Your account is personal and cannot be shared or forwarded To another person. Doing so can cause your suspension from AutoDS Tools. AutoDS Tools secures all your information and encrypts your passwords, but is not responsible for any security issue for your account or data, and you agree to remove any complains regarding this issue. If you discover or suspect any Service security breaches, please let us know as soon as possible.
Any suggestions, comments or other feedback provided by you to us with respect to the Service will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Usage of AutoDS Tools with third parties
All disputes arising from or related to this agreement must be submitted for binding arbitration before a single arbitrator under the rules of the Israeli Arbitration Association as in effect at such time. The location for such arbitration will be State of Israel. The Founders agree that either party may, within 7 days after the filing of a Demand for Arbitration, demand that the parties' dispute first be submitted to a neutral evaluator pursuant to the Israeli Arbitration Association's Early Neutral Evaluation Procedures prior to proceeding with arbitration.
To access certain features or functionalities of the Services or the Website you may be required to become a registered user by way of choosing a unique username and choosing, or being assigned, a password, or log in using your Facebook login, or log in using your Google login (such combination referred to as “User Account”).
If you choose to create a User Account, during registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so. The Company may, in its sole discretion, refuse to approve misleading or offensive usernames.
Unless permitted by your User Account type or expressly authorized by the Company, you may not create User Account primarily intended to promote a product or service or create multiple User Accounts.
You are solely responsible for maintaining the integrity of your password. You understand and agree that any use made from your User Account shall be deemed to be made by you and you shall be solely liable for such use.
By using the Services through Facebook or Google, you permit us to access certain information from your Facebook or Google profile for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook or Google account privacy settings.
Use of the Website and/or Services is subject to payment. Prices may be revised at any time without notice. Payment is recurrent on a monthly basis. You may purchase a monthly or annual subscription, which will be automatically renewed at the end of the term, unless you notify us otherwise by cancelling the recurring payment on your personal settings page. Cancellation may be subject to cancellation fees. Please see the Website for more details.
You are solely responsible for any taxes on amounts you may pay or obtain through the Site. We will deduct applicable charges and taxes from any payable amounts, as required by law.
We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by authorized use of a credit card, debit card, or other payment method.
By registering online to the Website, you expressly agree not to request a ‘charge back’ of any fees or payments for said registration, and that no dispute with us will be raised with or adjudicated by the credit card company. Rather, you agree to contact us directly to resolve the issue or obtain a refund pursuant to applicable law.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address.
Payment is upfront for a period time of a month/year, and there will not be any partial refund for any reason. Website owners may agree to refund in certain conditions, but have no duty of doing so.
No Abuse or Interference
In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site, or make the unauthorized use of the username or password of another user; (ix) collect or store personal data, or solicit personal identifying information including passwords, about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users' ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and "pyramid games/schemes," or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including "trojan horses" and "worms") or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.
Compliance with Laws
Recognizing the global nature of the Internet, you agree not to use the Service or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange.
In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data.
As you know, this Website and Service are intended for family use and may be accessed by children. You specifically agree not to do anything harmful to minors in any way, not to promote or provide instructional information about illegal activities, not to promote physical harm or injury against any individual, group or governmental entity, nor to promote any act of cruelty to animals.
The Company reserves the right to report any wrongdoing that the Company may become aware of to the applicable government agencies or to take other appropriate action permitted by law.
Your User Account may enable you to add, create, upload, submit, distribute, or post content on the Website. We do not claim ownership of any content of any kind (including, without limitation, information, data, text, sound, video, audio, music, logo, graphic image, picture, photograph, illustration, animation, sketch, simulation, software, computer code, application, format, protocol, database, interface, character, mark, symbol, icon, concept, know-how, technique or idea, or any combination, design, layout or presentation thereof) that you post, submit or make available for inclusion on the Website or through the Service ("User Content").
By adding, creating, uploading, submitting, distributing or posting any User Content on the Website or through the Service, you represent and warrant to us that: (i) you have all the rights necessary to post such User Content and to grant the license described below; (ii) such User Content does not infringe in any manner any right of or duty toward any third party (including, without limitation, any trademark, copyright, or other intellectual property right, any rights of publicity or privacy), does not violate any laws or regulations, and does not otherwise result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iii) your User Content does not contain any information that you or any third party may consider confidential or proprietary; (iv) your User Content is not false or misleading.
To enable the Company to provide the Services, you hereby, by posting any User Content, grant the Company a worldwide perpetual irrevocable, royalty-free and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display your User Content (in whole or in part) in any format or medium now known or later developed. If any laws prevent such licensing, you agree never to make any claim against the Company for the use of User Content. You grant the Company or its sublicensees, at their option, the right to use the name that you submit in connection with such User Content.
Restriction on Objectionable Content
As you know, this Website and Services are intended for family use and may be accessed by children. You agree that you are solely and fully responsible for any User Content in whatever form posted to the Website or through the Service from your User Account. In particular, without limiting the Company’s discretion, you agree not to make any use of the Website or the Service to post or make available in any manner, including by way of the inclusion of any hyperlinks, any User Content that: (i) is unlawful, or promotes any activity that is unlawful, under the laws of any jurisdiction to which you or the Company may be subject; (ii) is harmful, threatening, advocating violence, harassing, defamatory, indecent or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations) or otherwise unsuitable for minors; (iii) contains unauthorized disclosure of personal information or is invasive of any person’s privacy; (iv) infringes, including by way of improper or unauthorized hyperlinking, any party’s intellectual property rights, including in particular any patent, trademark, trade secret, copyright; (v) is protected against disclosure under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin, or lacking author attribution, copyright notice, or any other information necessary to avoid making it misleading; (vii) holds the Company or any of its affiliates, employees or shareholders up to public scorn.
No Monitoring of Content and No Endorsement of Links
The Company has no obligation to pre-screen or otherwise monitor any other third-party content including User Content available on the Website or accessible through the Service. The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Services otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.
Termination of Service to You
You agree that the Company may, immediately and without notice, suspend or terminate your User Account or your access to all or part of the Service and remove and discard any of your User Content within the Service, if the Company in its sole discretion determines that you have violated these Terms. Further, you agree that Company shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Service or for removing your User Content or any other content
You may discontinue your participation in and access to the Service at any time but will remain liable for any outstanding charges due to the Company.
13. Modifications to Service
The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that the Company shall have no liability for any modification, suspension or discontinuance of the Service. The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.
14. Intellectual Property of the Company
You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services, including the Website name and software used to operate the Website and the Services and including all content of the Website and the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws.
You acknowledge and agree that the Company’s name and the Company’s logo are trademarks of the Company. You are not authorized to use any such trademarks, or any other trademarks of the Company, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
Nothing in these Terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Service without the express prior written permission of the rights owner.
You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Website or the Services or content appearing therein (except your User Content), in any form elsewhere, without expression prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service. We specifically permit links to the Website from other websites.
Intellectual Property of Third Parties
You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements and User Content) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
You are solely responsible for your actions and for your User Account when using the Website and the Service. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account.
The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose.
20. DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on the Website, you may contact our designated agent by email to [email protected] or at the following address:_________________________
You must include the following information in your complaint:
o a description of the copyrighted work or other intellectual property that you claim has been infringed;
o a description of the material that you claim is infringing and where it is located on the Website;
o your mailing address, telephone number, and if available, email address;
o a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law;
o a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
o an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed
Choice of Law and Forum
You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and the Company. The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.
If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above.
Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.
Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company. The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Information We Collect:
You may provide information on behalf of another entity. If you completed the registration or provide information on behalf of a certain entity, you represent to us that you were authorized by that entity to give us consent to use the submitted information.
In addition, when you use the Website certain non-personally identifiable information may be automatically gathered about your IP address, geo-location information, mobile device, browser type, browser language or operating system. We may use third party contractors to collect and aggregate this information. For more information, please see Cookies.
How we Protect Information
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you enter sensitive information such as credit card number on our order form, our merchant services providers encrypt that information using secure socket layer technology (SSL).
We will delete any information provided to us by a user upon the receipt of a written request by such user. We cannot restore information that we have deleted.
How we Use Information
We and our affiliates may use personal information provided to us to as follows:
• To enable us to verify your credentials, in order to maintain reasonable security, provide developers with the information that is useful in developing new features and services for our users, allow us to potentially vary advertising based on user preference, usage preferences and demographics, enable us to develop and improve the features, contents, and services available, fulfill your requests for our Services, in connection with your use of the Site or Services, to respond to your inquiries about our offerings, to offer you our products or services that we believe may be of interest to you, to carry out transactions which you have requested, to enforce our rights and resolve disputes.
• We will retain information transmitted to us in the context of use of Services for further internal use in connection with our efforts to improve our Services and products.
We may use non-personally identifying information that we collect to provide statistical information about users of the Website or Services, to improve the quality, design and content of our Website, to analyze the use of our Website and to cooperate with law enforcement.
Information Sharing and Disclosure
• We may use Personal Information internally and reserve the right to share, rent, sell or otherwise disclose your information with/to third parties or affiliates in accordance with applicable laws.
• Referring websites. If you were referred to this Website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We encourage you to review the privacy policies of any website that referred you here.
• The advertisements you may see on this Website are served by us or by our service providers. But we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (1) business partners, who collect information when you interact with one of their advertisements on our site; and (2) advertising networks, which collect information about your interests when you interact with one of the advertisements they place on various websites on the Internet. The information gathered by these third parties is used to make predictions about your interests or preferences and to display advertisements on our sites and across the Internet tailored to your apparent interests. We do not permit these third parties to collect personal information about you (such as email address) on our site, nor do we share with them any personal information about you.
We also may share your information:
• In response to subpoenas, court orders, or other legal process or in response to a law enforcement agency’s request; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms and Conditions for the Site, and other agreements.
Q: What Are Cookies?
A: Cookies are text files that a web server places on your computer when you visit a web page. The cookies are used by the website to enable certain functionalities, like keeping you logged in or remembering your settings and displaying information relevant to you.
Q: What kind of information to cookies contain?
A: We use several types of cookies, each containing different information-
1. Anonymous analytics cookies containing anonymous aggregate statistics and analysis.
2. Registration cookies let us know when you are logged-in so that features requiring lo-in are available to you
3. Third party non advertising-related cookies that allow us to integrate the Website with other services like Twitter or Facebook.
4. Third-party Advertising cookies let us deliver and track advertisements that are relevant to your interests.
Q: How do I turn off cookies?
A: You can stop your browser from accepting cookies by following the instructions detailed below. Note that disabling cookies will prevent you from using certain functionalities of the Website.
• Safari web version & iOS version
• Internet Explorer
Correcting or Updating your Information
The Website allows you to view the information you provided during registration and to alter any data, inaccuracies or errors. To request such access, or correct, update, or amend your personal information please contact us at the following e-mail address:
E-mail address: [email protected]
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us at the e-mail address, postal address, or telephone number listed above. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Use of the Website by Children
We not knowingly collect personally identifiable information from children under the age of 13. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.
Disclaimers, Limitation of Liability and Indemnification
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. IN NO EVENT WILL AUTODSTOOLS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.