Terms of Service
1. Who we are
Own The Button is operated under the trading name JOTLYO Projects.
For business or legal inquiries, contact heyjotlyo@gmail.com.
In these Terms, "we", "us" and "our" mean the operator of Own The Button trading as JOTLYO Projects. "You" means the person or entity using the Service. "Service" means the Own The Button website and the redirect it operates.
By completing a takeover you agree to these Terms and to the Acceptable Use Policy, which forms part of them.
2. Business Use Only
Own The Button is a digital promotional placement service offered for business, professional, promotional or commercial use. It is not intended for use that is primarily personal, household or family-related.
3. What the Service is
The Service presents a single button. Pressing it redirects the visitor to a destination address chosen by whoever most recently completed a valid takeover. A takeover is a one-off purchase that replaces the destination the button redirects to.
The Service is experimental and is offered as a novelty. It is not a wager, a lottery, a game of chance, a competition, a prize draw, an escrow arrangement, a security, a financial instrument, or an investment product of any kind, and it must not be used or described as any of those.
4. What “ownership” means, and what it does not
This section defines the central term of the Service. Read it before purchasing.
“Own”, “owner”, “ownership” and “own the button” are product terminology. They describe a feature of this Service and nothing else. They do not carry their ordinary legal meaning of property.
A completed takeover grants you one thing only: a temporary contractual right to have the button redirect to the destination you supplied and we approved, for as long as your takeover remains the current one under these Terms.
A takeover does not grant, and you do not acquire:
- any ownership of, equity in, or interest in JOTLYO Projects, Own The Button, the Service or our business;
- any ownership of, licence to, or interest in any domain name, website, hosting account, source code, trade mark or other intellectual property of ours;
- any security, share, unit, token, financial instrument or investment of any kind, or any expectation of profit;
- any property right that you can sell, assign, licence, sublicense, pledge, bequeath or otherwise transfer to anyone else;
- any right to receive any part of what any later buyer pays, or any other revenue of the Service;
- any guaranteed duration, any minimum period, and any right to notice before your takeover is replaced;
- any guaranteed or promised level of traffic, clicks, presses, impressions, views, referrals, publicity, exposure, search ranking, commercial benefit or resale value.
JOTLYO Projects is the seller of every takeover. Each takeover is a separate purchase from us. Money paid for a takeover is paid to us and is ours. No previous owner, current owner or later owner receives any portion of any other person's payment, and no owner has any claim against us or against any other user in respect of any payment.
There is no secondary market operated or recognised by us. Any attempt to sell, auction or transfer a takeover to another person has no effect on the Service.
5. Price, and how a takeover is completed
The minimum price of the next takeover is shown on the site before you begin checkout. You may choose to pay more than the minimum. The amount you pay becomes the reference price from which the next minimum is calculated.
There is no minimum period for which your takeover will remain current. Another person completing a valid takeover at or above the applicable minimum will replace your destination immediately, and may do so at any time, including immediately after your own takeover is activated.
Being replaced by a later takeover is the Service working as described. It is not a defect, a breach of these Terms by us, a failure of the Service, or a cancellation of your purchase, and it does not entitle you to a refund except where mandatory law provides otherwise.
Approval by PayPal or any other payment provider does not by itself complete a takeover or guarantee activation. Before we authorize or capture payment we may re-check the current price, the ownership position and the safety of your destination. If the price has changed, if another takeover has completed first, or if the destination no longer passes our checks, we will not capture the payment, and any authorization will be voided or refunded as appropriate.
6. What you promise us
By submitting a takeover you warrant that:
- you are at least 18 years old and have the legal capacity to enter into this agreement;
- you have all rights necessary to use the display name you submit, and it does not infringe anyone's rights or impersonate anyone;
- you have all rights necessary to direct traffic to the destination you submit, and you are authorised by its operator to do so;
- the display name and the destination each comply with applicable law and with the Acceptable Use Policy;
- the payment method you use is lawfully yours to use.
You must not attempt to evade, defeat, degrade or mislead our safety review. Without limiting that, you must not serve different content to our systems than to ordinary visitors (cloaking), use an approved address to redirect onward to content that would not have been approved, or change what an approved destination serves in order to substitute content that would not have passed review.
7. Safety review
Before a takeover is activated we apply automated checks to the destination, and we may in some cases apply human review. These checks look at things such as the address itself, where it redirects, its reputation with third-party providers, and content visible when the page is loaded.
Approval is not a certification, warranty, endorsement or guarantee that a destination is safe, lawful, accurate, honest, suitable, or trustworthy. It means only that the destination was not refused by the checks we applied at the time we applied them. Destinations can change after approval, and checks can be wrong in both directions.
We do not describe any destination as verified, vetted or safe, and you must not describe it that way either.
We may refuse, pause, disable or reverse any takeover, before or after activation, where we reasonably consider it necessary because of:
- a risk to safety, or content that is or may be unlawful;
- a breach or suspected breach of the Acceptable Use Policy;
- a complaint concerning intellectual property, privacy or impersonation;
- a payment problem, including a chargeback, reversal or suspected fraud;
- a change in what the destination serves after it was approved;
- our inability to complete or verify our checks before a takeover is activated, which may leave it pending or prevent it activating;
- a requirement of law, a regulator, a court order, or a payment provider.
Once a takeover is active, a later inability to complete or verify our checks is not by itself evidence that anything is wrong with the destination, and will not by itself cause us to pause it. Positive evidence of a safety, policy, legal, payment or abuse problem still may.
8. Payment, refunds and cancellation
Payments are processed by third-party payment providers. We do not receive or store your full payment card details. Your use of a payment provider is also governed by that provider's own terms.
If a payment is captured but your takeover is not activated because of a failure of our systems or of payment processing on our side, we will void or refund the payment as appropriate. This is the case the Service is built to unwind automatically, and we monitor for it.
Outside that case, and except where mandatory law provides otherwise, you are not contractually entitled to a refund merely because:
- another person completed a takeover after yours;
- your takeover was current for only a short time;
- the button was pressed few times or not at all while your takeover was current;
- the commercial or promotional result did not meet your expectations.
If we disable a takeover because of a breach of the Acceptable Use Policy, we may do so without a contractual refund, to the maximum extent permitted by applicable law.
By completing a takeover you ask us to begin providing the Service immediately, and to activate your destination as soon as your payment and your destination are approved. You accept that performance therefore begins before any statutory cancellation period would otherwise expire.
Your mandatory statutory rights always prevail over this section. Nothing in these Terms limits any right you have under consumer protection law that cannot lawfully be limited, including any statutory right of cancellation, and asking us to begin immediately does not waive any right that cannot lawfully be waived. Our cancellation route, and how to use it, is set out at /cancellation.
9. Destinations are third-party sites
Destinations are websites operated by third parties and chosen by the person who completed the current takeover. We do not operate them, control them, monitor them continuously, or endorse them. Redirecting to a destination is not a recommendation of it.
Your dealings with any destination are between you and its operator. To the maximum extent permitted by applicable law, we are not responsible for the content, products, services, accuracy, security or practices of any destination.
10. Availability
The Service is experimental. We do not guarantee that it will be available, uninterrupted, error-free, or operated at any particular capacity, and we may suspend, limit or discontinue it, in whole or in part, at any time. Where we discontinue the Service entirely we will act reasonably in relation to any takeover that is current at the time.
11. Disclaimer
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, and we exclude all warranties, conditions, representations and terms that are not expressly set out in these Terms, whether implied by statute, common law or otherwise.
Nothing in these Terms excludes or limits any warranty, condition or term that cannot lawfully be excluded or limited, and to the extent that any exclusion in these Terms is not permitted by applicable law it does not apply to you.
12. Liability
Nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation, for wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded or limited. Where applicable law gives you rights that cannot be excluded, those rights prevail over this section.
Subject to the paragraph above, and to the maximum extent permitted by applicable law:
- we are not liable for indirect, incidental, special, consequential, punitive or exemplary loss, or for loss of profit, revenue, business, opportunity, anticipated savings, goodwill, reputation, traffic, clicks, impressions or data, however arising;
- our total aggregate liability arising out of or in connection with these Terms and the Service is limited to the greater of (a) USD 100 and (b) the total amount you paid to us in the twelve months immediately before the event giving rise to the liability.
Each exclusion and limitation above applies only to the extent permitted by the law applicable to you, and applies separately, so that if one is held unenforceable the others remain in effect.
13. Indemnity (business users only)
This section applies only if you are using the Service for purposes related to your trade, business, craft or profession. It does not apply to consumers.
If you are a business user, you will indemnify us against liabilities, losses, damages, costs and reasonable legal fees we incur arising out of your breach of these Terms or of the Acceptable Use Policy, or out of the destination or display name you submitted, except to the extent they arise from our own breach, negligence or wilful misconduct.
14. Changes to these Terms
We may change these Terms. The version and effective date are shown at the top of this page. A change applies to takeovers completed after it takes effect. The version you accepted at checkout is the version that governs that purchase, and a later change does not alter it.
15. Governing law and jurisdiction
These Terms and any dispute arising out of them are governed by the laws of the State of Israel.
If you are a consumer, this does not deprive you of the protection of any mandatory provision of the law of your country of habitual residence, and it does not deprive you of any right to bring proceedings in, or have proceedings brought against you only in, the courts that mandatory consumer law makes available to you.
If you are a business user, the courts of Tel Aviv-Jaffa have exclusive jurisdiction, to the maximum extent permitted by applicable law.
16. Contact
For legal, privacy, safety, copyright, cancellation or other business inquiries, contact heyjotlyo@gmail.com.
A JOTLYO Projects experiment.
For business or legal information, contact heyjotlyo@gmail.com