Okiano Terms and Conditions

Legal Information

Welcome to Okiano (hereinafter referred to as “okiano”, “okiano.com”, “okianomarketing.com” “okiano.ch”, “okiano.co.il” “we” or “us”). Okiano is owned and operated by Okiano Classifieds Israel LTD, 4 HaNehoshet street Ramat Hahayal Tel Aviv, 6971069, Israel. Okiano also owns and operates Okiano Schweiz AG, 95 Gartenstrasse CH-4002, Basel, Switzerland (hereinafter referred to as “Okiano”). 

This document is intended to inform you about the Terms and Conditions that regulate the use of the websites and mobile applications owned and operated by Okiano (hereinafter, the “Website”) and the Application okiano (hereinafter, the “Application”). The following is a list of sites owned and operated by Okiano: www.okianomarketing.com, www.okiano.me, www.okiano.online, www.okiano.ch, www.okiano.com, www.okiano.de, www.okeano.ch, www.okiano-classifieds.com, www.okiano.at, www.okiano.co.uk, www.okiano.fr, www.okiano.it, www.okyano.com, www.okeano.com, www.okiano.hu, www.okiano.pl, www.okiano.sk. For the purpose of this document, reference to okiano is the same as referring to any of Okiano websites listed herein. This list may change and update by Okiano from time to time. 

Before using Okiano Services, please read these terms and conditions carefully and thoroughly as they make up the Terms of Service Agreement (“Agreement”) which is a legal, binding agreement between you and Okiano.

The service

Okiano offers its users and customers automated advertisement platforms (the “Service”) that they can purchase through its websites listed above (the “Site”). The Service allows Organizations to showcase products, services, images, pricing and other information (“Products”) through paid advertisement. The information that Organizations may choose to showcase using the Service includes, but is not limited to, still images, video, product descriptions, product pricing, service descriptions, service pricing, quantity available and links to e-commerce functionality on a third-party site.

 

Third Party Relationships

During your use of the Services, you may purchase goods and/or services from a third party that also requires activity and interaction with your Ad accounts. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Okiano and its licensors shall have no liability, obligation or responsibility for any such third party, including any termination by such third party of their provision of goods or services to you.
Okiano does not endorse any sites on the internet that are linked through the Services, or any third-party goods or services that are made available to you through or are otherwise incorporated into the Services (including any reporting tools). In no event shall Okiano or its licensors be responsible for (and they hereby disclaim all liability for) any such content, products, services, or other materials on such sites or provided by such third parties.

 

Acceptance of the terms

By signing up for an account with Okiano or using any of Okiano’s Applications or signing a form that refers to these terms and conditions (the “agreement”) you acknowledge that you have read, accepted and agreed to be bound by the terms and conditions set forth in this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree to this Agreement, you may not use this Service.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Okiano represents and warrants that it will provide the Services in a manner consistent with applicable industry standards.

Changes to terms

This Agreement may be updated by Okiano from time to time. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, or the Service at any time without prior notice to you. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and Service.

Use of the Service

We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Service or access to the Site, or any portion or features of this Site and Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and Services, in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us. You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account.
Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components shall remain with and belong exclusively to Okiano. You shall not modify, adapt, reverse engineer or hack the Service or falsely imply any association with Okiano, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. Except as expressly authorized by Okiano in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site or its Service.
You agree that you shall not use the Service to:
Intentionally or unintentionally violate any local, state, federal or international law, rule or regulation; upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
Falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell;
Make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access;
Attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Okiano or used by Okiano in providing the Service.
You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the operation of your business. Each Organization or person using the Service is responsible for providing its own terms and conditions to its customers that will be accessing the Service to purchase the Products.

Privacy Policy

Information that you provide or that we collect about you and your Organization through your access to and use of this Site and Service is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please visit https://www.okianomarketing.com
Google Ad campaigns
Okiano sets up and optimizes ads campaigns on Google AdWords and other ads networks on behalf of its customers. The accounts, campaigns, ads, keywords, structure and any data gained are Okiano’s intellectual property. Okiano will report to the merchant on the amount of visitors driven and the sales gained when applicable, but will not be obligated to provide any other info or data with regards to the accounts and campaigns setup and managed as part of the Traffic Booster.

Payments and refunds

The Service is made available on month-to-month basis. Plans may come with an initial days of free trial period. The final on-boarding step is to set your payment method and card holder information. It is mandatory to enter a payment means as the system will not be able to begin advertising your store products without it. Your card will be charged a small initial card validation amount equal to one third of the monthly budget or $500 (the lowest of the two) follow up payments will be charged every time the spend reached a threshold set at one third of the monthly budget or $500 (the lowest of the two) until the monthly budget is consumed. Regardless of your billing cycle, there are no refunds or credits for partial months/years of service. Prices of all Services, including but not limited to monthly fees for the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided at any time and shall be provided by updating this Agreement.

Term and Termination

This Agreement commences on the date you set up your account for the Services and shall continue for as long as an Order is in place or if terminated by Okiano. Any breach of your payment or other material obligations will be deemed a material breach of this Agreement. Upon any such breach, without limiting its ability to pursue other remedies, Okiano may terminate this Agreement.
You are responsible for properly canceling your account. You can cancel your Okiano Service at any time. If you cancel the Service before the end of your current paid up threshold, your cancellation will take effect immediately and you will not be charged again at the next threshold billing cycle. Okiano does not refund or prorate paid services. Okiano is not responsible for any decisions by Google or issues caused on Google that may impact your Google Ads, and will not refund any fee due to any Google decision.
Okiano reserves the right to (a) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (b) keep or dispose any data gathered from your site or on your behalf including products catalog, email address or any other data and (c) refuse to provide current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service for any reason, including, if Okiano believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities and you release Okiano from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall Okiano be liable to you or any third party for any modification, suspension or discontinuation of the Service.

Maintenance and outages

Okiano may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, Okiano shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless Okiano from and against any and all claims, costs (including attorneys’ fees), injuries, losses or damages arising in connection with such interruption.

Intellectual property

Okiano alone (and its licensors, where applicable) shall own all copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights (“Intellectual Property Rights”) in and to the Services and the Okiano Technology and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, and any aggregated metrics, data and trends compiled by Okiano.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or the Okiano Technology. You understand and agree that Okiano owns or has been licensed by third parties to use all right, title and interest in and to the Site and the products and Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”).
You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site, Service and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Okiano and its licensors.

 

Compliance with the law

In connection with your access to and use of the Site and Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.

License and Ownership

Okiano hereby grants you a non-exclusive, non-transferable, limited, revocable right to use the Services during the term of your subscription, solely for your own internal business purposes and subject to the terms and conditions of this Agreement.
All rights not expressly granted to you are reserved by Okiano and its licensors. You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (a) reverse engineer or access the Services in order to build a competitive product or service, or build a product using ideas, features, functions or graphics that are similar to those related to the Services, or copy any ideas, features, functions or graphics of the Services.

Links to other websites

For your convenience, certain hyperlinks may be provided on the Website which link to other Websites that are not under the control of Okiano. Okiano does not sponsor or endorse such Websites and is not responsible for the accuracy, content or any aspect thereof. Okiano disclaims all liability for such Web sites, and for any use of the links to such Websites or use of such Web sites themselves. Okiano also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against Okiano arising from or based on your use of, or the offer or purchase of products or services on or through, such other Websites.

Disclaimer

Although Okiano strives to make this Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and Service are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (b) free of viruses and other destructive routines. All content, materials, products and services available on or through this site are provided “as is” and “as available,” without any warranties or guarantees whatsoever, whether express or implied. okiano disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and infringement. Okiano does not represent, warrant or covenant that this site and the materials, content, products and services available on or through this site are or will be accurate, current, complete, reliable, appropriate for any particular use to which you, or your company, may choose to put them, or that they are or will be available on an uninterrupted and error-free basis, that defects will be corrected, or that this site and the materials, products and services available on or through this site are free of viruses, trojan software, hacker activity or other harmful components.

limitation of liability

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Okiano, its subsidiaries, contractors, suppliers, and other similar entities, nor the officers, directors, members, managers, employees, representatives and agents of any of the foregoing (all such individuals and entities are collectively, the “okiano associates”), be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. in addition, okiano associates shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Okiano associates shall be limited in accordance with this agreement to the fullest extent permitted by law.

Indemnification / Release

You, on behalf of yourself, your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively “User Parties”) hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the Okiano Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim User Parties may now or later have due to or arising out of your access to and use of the Content, the Site, and Services, any violation of this Agreement or any violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement. Without limiting the foregoing, to the maximum extent permitted by law, you waive all rights you and User Parties may have under California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.”
International users and export control laws
The Site can be accessed from countries around the world. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not a party identified in any government export exclusion list.

Miscellaneous

This Agreement and the Okiano Privacy Policy referenced herein (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Site and Service available on or through the Site. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of Okiano’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you, your Organization and Okiano. Okiano may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of Okiano. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and Okiano a partner, agent or joint venture of each other.

Jurisdiction

This Site was created and is presently maintained, located and controlled by Okiano in the State of Israel. This Agreement shall be governed by and construed under the law of the State of Israel, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the Israeli courts for the purpose of resolving any dispute relating to this Agreement, your access to or use of this Site or the Service. You agree to submit to the personal jurisdiction of the courts located in Israel and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Any legal action arising out of or related to this Agreement and your access to and use of this Site or the Service must be commenced within one year after the cause of action arose or it will be forever barred.
© Okiano 2019. Okiano Terms and Conditions February 2019, Made with love to the people of the world.
Any questions regarding this Site, the Service or this Agreement, please contact us by e-mail at [email protected]

 

 

 

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