Terms Of Service
These Terms constitute a binding and enforceable legal contract between Company and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term " You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.
- " Account" means an online account registered by you for the purpose of using the Services.
- " Services" means any applications, products, services, documentation, and software made available through the Platform.
- " User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to: (i) Photos and any additional information obtained by or provided through the Service; (ii) settings, preferences chosen, and resource usage; (iii) free text and/or any other content submitted by You.
- The Services provide a platform that allows users who have opened an Account on the Platform, to upload photographs (" Photos") and, using the Company's virtual staging software, to stage, decorate, furnish, and export modified, high resolution images (the " Modified Works").
- We may update the Services from time to time, including adding or removing functions.
Registration and User Account
- Establishing an Account. In order to use the Platform, You must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your Account, including email address, up to date. When available, you may also use an approved third party social networking service, such as Facebook or Google (" SNS Account"), to register through its registration page and you will be obligated in respect to and of its registration process. You have the ability to disable the connection between your Company Account and your SNS Account at any time, by accessing the "Settings" section of the Service.
- Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account. You agree to keep your Account information up to date and accurate. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
- Deletion of Account. You may delete your Account at any time. Any information and data entered into the Services may be permanently deleted if you delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).
- Return Policy. All purchases made on the Platform are non-cancellable and non-refundable.
User Obligations and Restrictions
- Obligations. In connection with your use of the Services You agree to comply with all applicable laws, rules and regulations, including those regarding data privacy and intellectual property rights.
- License. By uploading Photo to the Platform or otherwise using the Services, You grant us a worldwide, non-exclusive license to host, copy and use your Photos, the Modified Works your User Data and any additional information or data provided by You in order to provide You with the Services. Subject to this limited license we do not acquire any right in your data and You or your licensors retain all rights and ownership to your data. You warrant that You have full rights to provide to us any data that You provide through the Services, including, without limitation, the Photos. The Services are not intended to be used as storage, backup or archiving services. To the extent relevant, it is your responsibility to back up your Photos, Modified Works and User Data and you are responsible for any lost or unrecoverable Photos, Modified Works or User Data.
- Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
- The Photos. You agree that you will not upload, share, or otherwise distribute Photos, which: (i) are unlawful, threatening, abusive, harrying, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or impersonate another person; (i) contain explicit or graphic descriptions or accounts of sexual acts or in any way violate child pornography laws (iii) contain software viruses or other harmful computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
Intellectual Property Rights
- Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Company. We reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Company's intellectual property rights. Nothing in the Terms constitutes a waiver of Company's Intellectual Property Rights under any law.
- In creating a staged photograph using the Services, you will be able to use your own Photos, which bear their own associated intellectual property rights. You retain any and all rights you hold with respect to the Photos. Photos may be protected by copyright, even if not marked with the © symbol. If you are not the owner of the Photos, than you must obtain authorization from the owner of the Photo or the copyright holder in order to use the Photo with the Services. For example, professionally-taken photographs should not be used on the Services, unless you have obtained express permission from the photographer to do so. Furthermore, if you want to publish a Photo of someone other than yourself, you must obtain permission from the individuals portrayed in the Photo before using the Photo with the Services. Do not upload any Photos that are confidential proprietary. We assume no liability with respect to the disclosure of confidential or proprietary information uploaded to the Platform. You warrant that all Photos uploaded by You, are either owned or created by You, or you have obtained the necessary licenses, rights and permissions to use the Photo as contemplated by the Platform and grant the Company the rights as contemplated herein.
- Feedback. To the extent You provide us any feedback, comments or suggestions (" Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
- Copyright Policy. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (" DMCA") and other applicable laws, We have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating Account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at: Shoken 27, Tel Aviv, 6653210, Israel. To file a notice of infringement with us, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: https://www.copyright.gov.
Indemnification**.**You will indemnify, defend, and hold harmless Company, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that any Photo and/or your use of the Services infringes or misappropriates a third party's intellectual property rights or violates applicable law or that any Photo and/or your use of the Services is in violation of these Terms.
Disclaimers of Warranties
- Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. Company gives no guarantee of any kind concerning the content on our Services.
- THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
- OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
Limitation of Liability
- IN NO EVENT WILL COMPANY BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE PLATFORM OR SERVICES EXCEED AN AMOUNT OF US$100.00.
- THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Term and Termination
- Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
- Termination. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. If you terminate your Account, your data will be removed from the Service, however, deletion may not be immediate and Company may continue keeping your personal information in its records for audits and other administrative purposes.
- Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
- Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Israel excluding rules as to choice and conflicts of law and the courts in the Tel Aviv, Israel will have exclusive jurisdiction; however, Company or its Affiliate may bring suit for payment in the country where Your entity is located. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
- Changes to Terms. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform. You are responsible for checking the Platform regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
- Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
- Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
- Entire Agreement. These Terms contain the entire agreement between Company and You relating to your use of the Services and supersedes any and all prior agreements between Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms.
- Assignment. You may not assign your rights or delegate your obligations under these Terms without Company's prior written consent. Any purported assignment contrary to this section will be null and void. Company may assign its obligations hereunder.
- No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.