http://www.picable.com (the " Site ", "Picable") hereby welcomes you (the " User ")to view and read content and materials published on the Site, under and subject to the following Conditions of Use (the “ COU ”).
PLEASE READ THESE CONDITIONS OF USE CAREFULLY.
1.Acceptance of Conditions of Use . By accessing the Site the User accepts the conditions set forth herein and agrees to be bound by the terms of this COU.
3.Use of Site . Picable grants the User a limited, revocable, and non exclusive license to access the Site and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except as otherwise expressly permitted herein (the “ License ”). The License explicitly does not include any commercial use of this Site or its contents, of any kind whatsoever, or any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Picable. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Picable without express written consent. Any use of the Site, the contents on the Site, or any of the Picable trademarks, which has not been expressly permitted herein, whether for commercial use or other use, is hereby expressly forbidden.
4.Image License Agreement
All Images on the Website are copyrighted and they are the properties of Picable or its Image providers. All rights are reserved unless otherwise granted to User. User's rights to use the Image are subject to this agreement.
We hereby grant User a revocable, non-exclusive, non-transferable license to use the Image under the terms and conditions explained in this Agreement FREE OF CHARGE.
4.1 User may use the Image (subject to the provisions contained herein):
- In digital format on websites, multimedia presentations, broadcast film and video, cell phones, which are not to be distributed to third parties.
- In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
- Along with User's corporate identity on business cards, letterhead, etc.
- To decorate your home, your office or any public place.
4.2 You may not use the Image:
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
- To endorse products and services if it depicts a person.
- In a way that can offend or harm the reputation of Picable or the person(s) depicted on the Image.
- As part of a trademark, service mark or logo.
- SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!
4.3 Always ask permission from the photographer if you want to use the Image:
- In website templates that User intends to sell or distribute.
- For creating printed reproductions that User intends to sell.
- On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the Image in a dominant way.
4.4 Information on rights
Since Picable does NOT require a written Release/Waiver for each Image that has identifiable people on it, Picable cannot guarantee that User will be able to use the Image for any purposeIn addition, in the event that such release or waiver exists, Picable does not represent or make warranties whatsoever as to the legality or validity of it.
Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Picable does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. Itis User's sole responsibility to make sure that User obtains and has all the necessary rights, consents and licenses for the use of the Image.
User acknowledges that by the download of any Image the ownership or any other proprietary rights with respect to the Image are not, in any way, transferred to User and User must not claim so. The license granted to User hereto is non-transferable and non-assignable, which means that User is not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work product Usercreates with the Image must be used for Users own use. User warrants that it will use its best efforts to prevent third parties from duplicating the Image.
Picable cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If User wants to make sure, always contact the photographers. The use of the site and the Images is at Users own risk!
User hereby agrees to indemnify, defend, and hold harmless Picable and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this Site and the use or the inability of use of any Image, User's failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
5.Copyrights . The content and materials included on the Site, and any and all other content, such as (but not limited to) text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property or under the control or right of Picable or its content providers, and are protected by the applicable local and international copyright laws. All software used on this Site is the property of Picable or its content providers and protected by the applicable local and international copyright laws.
6.Trademarks . Picable graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress are the proprietary of Picable, and may not be used with respect to or in connection with any product or service of any kind which is not Picable's. Any and all other trademarks not owned or controlled by Picable that appear on the Site are the property of their respective owners.
7.Disclaimer of Warranties & Limitation of Liability . THIS SITE IS PROVIDED BY Picable ON AN "AS IS" AND "AS AVAILABLE" BASIS. Picable MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR REFERRED TO ON OR FROM THE SITE, NOR DOES IT WARRANT THE ACCURACY, COMPLETION OR RELIABILITY OF SUCH. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Picable DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Picable DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Picable ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Picable WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
8.Visitors' Content . Visitors to the Site are welcome to provide their input to the Site and review, comment, or otherwise react to any content appearing on the Site; send electronic communications; and submit suggestions, ideas, comments, questions, or other information (“ Visitors' Content ”), provided such Visitors' Content is not and does not contain any illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise harmful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (“ Restricted Content ”). Picable makes an effort to verify that content published on the Site does not include or contain any Restricted Content, but does not regularly review posted content. Picable reserves the right to remove or edit such Restricted Content. Nevertheless, Picable has and shall bear no responsibility and assumes no liability for any Visitors' Content or any other third party content.
9.Rights to Visitors' Content . By posting or submitting any Visitors' Content, you hereby grant Picable a nonexclusive, royalty-free, perpetual, irrevocable, transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Such right shall include the right to use the name that you submit in connection with such content. By posting the Visitors' Content, you represent and warrant that such content is owned or otherwise controlled by you, and that the content shall not be considered Restricted Content. Picable reserves the right but not the obligation to review, monitor and edit or remove any activity or content.
10.Complaints . Picable encourages visitors to inform and notify Picable of any Restricted Content posted on the Site, or in the event that any infringement of copyrights or other proprietary rights.
11.Communications and Notices . By visiting the Site or posting any Visitor Content you have elected to use electronic communication means, and allow and consent to Picable communicating with you electronically, whether by sending you direct emails or posting general notices on the Site, and that such means of communications satisfies any legal requirements.
12.Governing Law . By visiting the Site you hereby agree to be bound by the laws of the State of Israel, without giving effect to any conflict of laws, and that any dispute with Picable shall be subject to and resolved in accordance with such laws.
13.Disputes . Any dispute relating to the use of the Site or otherwise connected to the Site or your visit to the Site, or to this COU, shall first be attempted to be resolved in an amicable manner. Failing to reach an amicable solution may result in the dispute being brought before judicial tribunals, in which case the competent courts shall be those in the Tel-Aviv District, which shall have sole and exclusive jurisdiction. By visiting the Site you hereby agree to be subject to such jurisdiction and to resolve any disputes in the manner provided herein.
14.Additional Policies, Modification to Policies . Picable may publish additional policies on the Site, and such policies shall also be governed, at any and all times by these COU. Picable reserves the right, at any time and at its sole discretion, to change or modify any of its policies and these COU.
15.Severability . If any of the provisions of these COU shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16.Contact Details . Picable's contact details are as provided hereunder: firstname.lastname@example.org.