1. Acceptance
By installing and/or using the Get the winning website: www.getthewinning.com (“Website”) or any other application or functionality
we offer online (collectively, “Service”) you accept and agree to the following terms and conditions. If you do not agree
with any of these terms and conditions, you must immediately cease all use of the Services, the Website or the
Application and remove it from your Chrome Extensions (Options > More Tools > Extensions).
These Terms and Conditions shall govern any use you make of the Service ” and any dispute in connection therewith,
and are deemed a binding agreement between you and Blue icon LTD. (“Operator” or “Get the winning”,
interchangeably).
2. Services
Our Website offers a curated collection of trending products sold online and related information. If you wish to point out
a product that can be a great business opportunity, you should submit it to support@getthewinning.com. This
information is collectively referred to as “BI Content”.
The information gathered by the Application (as defined below) and in the Facebook group is collectively referred to as
“User-Submitted Content”.
Both BI Content and User Submitted Content may cite or refer to third-party content, including screenshots, statistics
and links to third-party websites or services (“Third Party Content”). You may only submit Third Party Content with
permission from the respective owner. We do not imply any affiliation with Third Party Content or other websites or
services.
(The User Submitted Content and the BI Content, exclusive of any and all Third-Party Content, are collectively referred
to as our “Content”).
PLEASE NOTE:
WE ARE NOT RESPONSIBLE FOR BI CONTENT, USER-SUBMITTED DATA, OR THIRD PARTY PRODUCTS AND
PROMOTIONS IN ANY WAY.
WE DO NOT IMPLY ANY AFFILIATION WITH PRODUCT MANUFACTURERS, FACEBOOK, ALI EXPRESS, OR ANY
OTHER THIRD PARTY.
THE WEBSITE’S DESIGN, “LOOK AND FEEL”, GRAPHIC AND MULTIMEDIA ELEMENTS, AND STRUCTURE,
SEQUENCE AND ORGANIZATION OF THE WEBSITE ARE THE SOLE PROPERTY OF THE OPERATOR.
THE APPLICATION AND THE WEBSITE ALL TRADE NAMES AND TRADEMARKS BELONG TO THEIR
RESPECTIVE OWNERS.
The Website, the Application and all Services provided in connection therewith are provided “AS-IS” and any and all
warranties in connection therewith is hereby disclaimed to the maximum extent allowed under law.
These Terms of Service apply to all users of the Get the winning Service. Information provided by our users through the
Get the winning Service may contain (a) indecent, harmful, malicious, defamatory or otherwise unwanted or even illegal
content; (b) links to third-party services, websites or content which is not regulated in any way by the Operator; (c)
commercial content, publications, offers or other information. Operator assumes no responsibility for the services,
products, content, or interaction with any third-party websites or services.
For Removal Requests, please see Section 9 below.
By using the Application, you expressly acknowledge and agree that Operator shall not be liable in any way whatsoever
for any damages, claims or any other liability arising from or related to any act or omission by any third party, explicitly
including any other user of the Get the winning Application and the Operator’s liability is explicitly disclaimed hereunder for
any content delivered (or not delivered) for any reason or intent, via the Application.
3. License
Subject to your compliance with these Terms of Service, Operator hereby grants you an international, limited, personal,
non-assignable license to use the Application.
All design, features, graphics, interfaces and multimedia elements, trademarks and service marks remain the sole
the intellectual property of the Operator (or their respective owner).
4. Subscriptions
Subscribers receive full access to the Website, Services and all User Submitted Content. Subscriptions may be
terminated at any time by written notice to support@getthewinning.com, after up to 3 business days for processing. Services
that may depend on third party services and may be suspended at any time.
Subscribers may also receive access to the AdHunter Chrome Add-on (“Application”), a complementary Application
that monitors your Facebook feed for you and allows you to bookmark Facebook ads you are exposed to, and share their
interaction statistics with others. You will have access to information shared by other users, and you also share this
data with us and other users. For paying Subscribers, we offer access to a designated closed Facebook group, which is
also subject to Facebook’s terms and conditions. The Operator may suspend the operation of the Application (as any
other service) partially or completely, without prior notice.
5. Consulting Services
Consulting services May be provided for Subscribers or as an independent service. It is hereby clarified that Consulting
services are provided on a “best-effort” basis, and subject to availability. Consulting services are provided without any
representations or warranties.
6. Your Obligations
6.1. Protection of Rights: You undertake to refrain from any action which may jeopardize any right of the Operator,
explicitly including any breach of the license and/or breach of any acceptable use policy, and you shall explicitly
refrain from any (a) intentional breach of any right, including any Intellectual Property Right of the Operator, by
any unlawful or unauthorized copy, distribution, dissemination, or undue grant of access to the Application, or
any action intended to facilitate the same in any way (such as automated access of any sort, reverse-
engineering or any alteration or modification of the Application).
6.2. User’s Responsibility: You are and shall remain solely responsible for any and all use of the Application,
including all messages and content that you submit or deliver using the Application, including User Submitted
Content (“Submissions”), and hold Get the winning harmless from any claim of infringement of copyright or other
intellectual right, or the transmission of harmful or defamatory content of any sort.
6.3. Provision of Information and Access: In order to access and use the Application, you will have to install it and
grant access rights to your Facebook account. You expressly acknowledge and agree that in order to provide
the Service, Get the winning may periodically access the information on your Facebook account.
6.4. Suspension of Service: Without derogating from any other provision of these Terms and Conditions,
Get the winning is entitled to suspend the Service or any part thereof, at its sole discretion, from any user, without
prior notice, including if suspicion of abuse or misuse of the Services, at Get the winning’s sole discretion, and you
explicitly waive any claim with respect to the same.
7. Submissions
You hereby give consent for Get the winning to publish, transmit and display your information, messages, media, feedback
and Submissions to other users. You acknowledge your Submissions may be hosted on remote platforms and servers,
visible to devices or others, including unintended recipients of the Application, if not specifically blocked, and hereby
absolve and release Get the winning from any liability and responsibility in connection therewith.
8. Disclaimer of Warranty
8.1. No Warranty with respect to Confidentiality: Get the winning is only acting as a repository of data, user content
and Submissions do not necessarily represent the views or opinions of Get the winning or any person acting on its
behalf.
8.2. No Warranty: Get the winning makes no guarantees as to the accuracy, validity, or legal status of your or other
users’ Submissions or recommends any third party products.
8.3. No Rivalry: You are solely responsible for your Submissions and the consequences of posting or publishing
them. Get the winning shall not be deemed a valid party to dispute between You and another user of the Application.
9. User Submitted Content
9.1. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and
permissions to your Submissions, including the right to grant Get the winning permission are provided under these
Terms and Conditions.
9.2. Submissions may include specific information, media files, personal information, contacts and other data,
including location-based information.
9.3. Get the winning shall in no event be responsible or liable under any legal doctrine with respect to reliance or results
of any aspect of the Service.
9.4. By submitting a Submission to Get the winning, you grant Get the winning and any recipient of your Submission a
worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the submissions in connection with the Service, including
without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any
media, format or channel.
9.5. You retain your ownership rights in your Submissions.
10. Removal Requests; Takedown Notice
10.1. We immediately remove allegedly infringing Submissions and User Submitted Content following a proper
takedown notice, corresponding with US Digital Millennium Copyright Act (DMCA) to avoid copyright
infringement.
10.2. Any communication disallowed under these Terms and Conditions, and any threatening, tortuous, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate or infringes or may reasonably consider
infringing on third-party rights is disallowed.
10.3. Get the winning may remove any content if properly notified that such content or Submission infringes on another’s
rights (including intellectual property rights).
10.4. To file a copyright infringement notification, send a written notice (“Takedown Notice”) that includes the
following: (i) Contact details and physical or electronic signature of a person authorized to act on behalf of the
owner of the allegedly infringed rights; (ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material; (iv) 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 (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaint
is justified. Such takedown notices may be emailed to support@getthewinning.com.
Get the winning reserves the right to remove Content and Submissions without prior notice and may remove them
permanently even if the dispute between the infringing and complaining party has been resolved.
11. Warranty Disclaimer
YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
Get the winning DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND
YOUR USE THEREOF.
Get the winning EXPLICITLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR
DEMANDS WHICH MAY ARISE, UNDER ANY LAW, CONTRACT AND/OR LEGAL DOCTRINE, IN CONNECTION OR
WITH RESPECT TO ANY ASPECT OF THE SERVICE AND/OR APPLICATION, INCLUDING, WITHOUT
LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING
LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY
SORT.
12. Limitation of Liability
WITHOUT DEROGATING OF ANY DISCLAIMED LIABILITY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW,
IT IS HEREBY AGREED THAT Get the winning’S LIABILITY SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES,
THE GROSS TOTAL AGGREGATE AMOUNT OF PAYMENTS ACTUALLY PAID AND RECEIVED BY Get the winning
FROM THE USER.
13. Suspension of Service
Get the winning reserves the right to discontinue the Service or any aspect or feature of the Service, at any time, temporarily
or permanently, including for maintenance, service and upgrade purposes.
The Service is controlled and offered by the Operator from its facilities as may be from time to time. Get the winning makes
no representations that the Service is appropriate or available for use in other locations. Those who access or use the
Get the winning Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Indemnity
You agree to defend, indemnify and hold the Operator harmless, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your
Submissions and any other aspect of your use (or abuse) and access of the Service; or any violation of these Terms
and Conditions; or any third party claim with respect to the same.
15. Ability to Accept Terms of Service
You affirm that you are over 16 years of age and otherwise eligible in all respects to engage in this agreement with
Get the winning. Users under the age of 16 may use the Services only under the supervision of their parent, natural or legal
guardians, who must review and accept the terms of use.
16. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the
user. The Operator may assign any of the foregoing and any right or obligation hereunder, without restriction.
17. General
You agree that: (i) the Service shall be deemed solely based in Israel and any issue of a dispute with respect to it shall be
solely governed and resolved in accordance with the laws of the State of Israel. (ii) the competent courts in Tel-Aviv,
Israel shall have sole jurisdiction with respect to any issue or dispute in connection therewith. (iii) any cause of action
not commenced by any party hereunder shall be permanently time-barred one (1) year after it occurred.
18. No waiver
Operator’s failure to assert any right or remedy under these Terms of Service shall not constitute a waiver of such right
or remedy.
19. Changes and updates to these terms and Conditions and Privacy Notice
These Terms and Conditions may be revised periodically and this will be reflected by the “effective date” below. Please
revisit this page to stay aware of any changes. Your continued use of the Website, Application and Services constitutes
your agreement to these Terms and conditions and the Privacy Policy and any amendments.
20. Severability and Mandatory Law
These Terms and Conditions are severable and shall remain to bind, but remain subject to any and all applicable
mandatory legislation.