Copyright Policy - PicApp
Introduction
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PicApp ("PicApp", "we", "us") is concerned about copyright issues and would like to inform
You how we abide by copyright law.
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It is our policy to respond to notices of alleged copyright infringement that comply with
the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S.
Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf) ("DMCA")
and other applicable intellectual property laws.
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This page describes the information that should be present in these notices. It is
designed to make submitting notices of alleged infringement to [PicApp] as straightforward
as possible while reducing the number of notices that we receive that are fraudulent or
difficult to understand or verify. The form of notice specified below is consistent with
the form suggested by the DMCA. Nevertheless, we will respond to notices of this form
from other jurisdictions as well.
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Responses may include removing or disabling access to material claimed to be the subject
of infringing activity and/or terminating subscribers. If we take such measures, we will make
a good-faith attempt to contact the owner of such content so that they may make a counter
notification pursuant to pursuant to sections 512(g)(2) and (3) of the DMCA. We may also
document notices of alleged infringement on which we act. Please note that a copy of this
legal notice may be sent to one or more third parties who may make it available to the public.
Safeguarding Copyrights
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Infringement Notification -
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5.1. You may submit a notification pursuant to the DMCA by filing a notice
of infringement with us. To file such a notice, you must provide a written communication
(by fax, regular mail or email) that sets forth the items specified below. Please note that
you will be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity is infringing your copyrights. Accordingly, if you
are not sure whether certain material of yours is protected by copyright laws or whether material
available online infringes your copyright, we suggest that you first contact an attorney.
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5.2. To expedite our ability to process your request, please use the following format
(including section numbers):
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5.2.1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
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5.2.2. Identify the material that you claim is infringing the copyrighted work listed in item #1
above or which you claim is the subject of infringing activity. You must identify each separate
item or page of allegedly infringing material.
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5.2.3. Provide information reasonably sufficient to permit PicApp to locate the material.
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5.2.4. Provide information reasonably sufficient to permit PicApp to contact you (email address
is preferred).
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5.2.5. Include the following statement: "I have a good faith belief that use of the copyrighted
materials as described above is not authorized by the copyright owner, its agent, or the law."
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5.2.6. Include the following statement: "I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed."
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5.2.7. Sign the paper.
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5.2.8. Send the written communication to the following address:
11 Galgalei Haplada St.
POB 12611, Herzelia
46733, ISRAEL
OR Fax to:
+972-9-954-6008
Attn: Picapp team
Subject: DMCA Infringement Notification
OR email to:
support@picapp.com
with the words "DMCA Complaint" in the subject line
You hereby acknowledge that if you fail to comply with all the requirements
set forth above, your DMCA notice may not be valid.
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Counter Notification -
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6.1. Pursuant to sections 512(g)(2) and (3) of the DMCA, the content provider of an affected
title may make a counter notification. When we receive a counter notification,
we will reinstate the material in question.
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6.2. To file a counter notification with us, you must provide a written communication
(by fax, regular mail or email) that sets forth the items specified below. Please note
that you will be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity is not infringing the copyrights of others.
Accordingly, if you are not sure whether certain material infringes the copyrights of others,
we suggest that you first contact an attorney. A sample counter notification may be found at
www.chillingeffects.org/dmca/counter512.pdf.
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6.3. To expedite our ability to process your counter notification, please use the following
format (including section numbers):
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6.3.1. Identify the specific file, URLs of other unique identifying information of material
that PicApp has removed or to which PicApp has disabled or blocked access.
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6.3.2. Provide your name, address, telephone number, email address, and a statement that
you consent to the jurisdiction of Federal District Court for the judicial district in which
your address is located (or Tel Aviv, Israel if your address is outside of the United States),
and that you will accept service of process from the person who provided notification under
subsection (c)(1)(C) or an agent of such person.
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6.3.3. Include the following statement: "I swear, under penalty of perjury, that I have a
good faith belief that the specific file, URLs of other unique identifying information of material
identified above was removed or disabled as a result of a mistake or misidentification
of the material to be removed, blocked or disabled."
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6.3.4. Sign the paper.
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6.3.5. Send the written communication to the following address:
11 Galgalei Haplada St.
POB 12611, Herzelia
46733, ISRAEL
OR Fax to:
+972-9-954-6008
Attn: Picapp team
Subject: DMCA Counter Notification
OR email to:
support@picapp.com
with the words "DMCA Counter Notification" in the subject line
Contact Us
If you have any questions, comments or inquiries regarding our Policy, don't hesitate
to contact us at
help@picapp.com.
Privacy Policy
Introduction
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PicApp is a new and exciting platform, which facilitates the royalties flow and
use of visual content for online use, due to advertising, which is attached to any
such visual content
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As referred to in this Policy, "Visual Content" shall include any still image,
photograph, illustration, film, animation, clipart, composite, digital footage,
digital video, film footage, font, graphics, motion sequence, thumbnail image
or any other visual representation, together with all accompanying metadata and
other material that You may obtain from the Site. Each such Visual Content
includes one or more accompanying ads ("Ad(s)"), which are displayed in
intervals or upon clicking on or hovering over such Visual Content shown
adjacent to the Visual Content.
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PicApp ("PicApp", "we", "us") is concerned about online privacy issues and
would like to inform You how we collect, use and disclose your personally
identifiable information.
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This Privacy Policy (the "Policy") describes our practices in connection with
personally identifiable information that we collect through our website located
at http://www.picapp.com (the "Site").
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This Policy does not govern our collection of information through any website,
or by any other means, other than through our Site. Furthermore, it is hereby
clarified, that though this site may contain links to other websites, we are neither
responsible nor familiar with any privacy policies in such other websites and
urge you to review such other websites' privacy policies, if any.
What is personal information?
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"Personal Information" is anything that specifically identifies an individual,
such as a name, address, phone number, e-mail address, and credit card or other
account number. Personal information does not include "aggregate"
information. Aggregate information is generic data we collect about how people
use the Site. It helps us understand trends, patterns, and user needs. In aggregate
information, all individual user identities have been removed. It's totally
anonymous.
What kind of Personal Information do we collect?
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There are two kinds of Personal Information: information you provide
explicitly, and information we collect automatically through the use of cookies.
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7.1. Personal Information you voluntarily provide to us: In order for you to
register to our Site, we require that you furnish us with certain Personal
Information which may include your name, postal address, e-mail,
phone numbers, password and credit card information or other account
number etc. This Personal Information will give you full access to the
Site's services and features. If you would like to register to the Site,
please click here.
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7.2. Automatically collected information: When you visit the Site, perform
Permitted Uses (as such term is defined in the Site's Terms and
Conditions) and/or hover over or
click Visual Content and/or Ads, some information is automatically
collected, such as your computer's Internet Protocol (IP) address,
operating system, browser type, the type of Permitted Use performed
by You and/or the time and date of such visit, performance, hover over
and/or click. This information does not reveal your specific identity
and collecting it is considered standard practice on the internet and is
done automatically by many web sites. This information is collected
through the use of "cookies". "Cookies" are small files that are stored
on your computer by a web site to give you a unique identification. Our
Site uses cookies to show you relevant content and advertisements,
personalize your visit with us, keep you logged in for the duration of
your visit and any such other purposes, as maybe resolved by us from
time to time in our sole discretion. Some of our advertisers
occasionally use cookies as well. We do not have control over or
assume any responsibility with respect to such Cookies. If you
don't want to use Cookies, there is a simple procedure in most browsers
that allows you to disable them. However, please note that if you set
your browser to refuse cookies, some portions of our Site may not
function properly.
How is your personal information used?
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We will use your personal information in order to contact you for administrative
or customer service purposes and in order to organize the Site's content,
services and features to better serve you during your visits.
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Any payment information you will provide us, such as credit card number or
other account number (the "Payment Information"), may be used by us in
order to make any payment you shall be entitled to receive from us with respect
to the services offered by us in our Site. We may also provide such Payment
Information to third parties as necessary to complete your payment.
Who has access to your personal information?
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We store all personal information collected in limited access servers and
maintain commercially reasonable safeguards to maintain the confidentiality of
such personal information. However, please note that we do not represent that
any such personal information cannot be obtained due to breach of our
safeguards.
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We do not sell or rent your Personal Information to anyone. Only you have
access to your account, which is protected by a password in your possession
after successful completion of the registration process to the Site. If you would
like to register to the Site, please click here.
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Employees of PicApp do not have access to your Personal Information, except
when absolutely necessary in order to perform their duties due to their
employment with PicApp.
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We may disclose Personal Information when we believe it is appropriate to:
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13.1. Obey any law or comply with any law (e.g., a lawful subpoena,
warrant, or court order).
13.2. enforce or apply our conditions of use and other agreements.
13.3. protect the rights, property, or safety of you, our Site, our employees,
our users, or others.
Can you see or edit the information we've collected about you?
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In the event you have registered to this Site, You will always have access to
your personal information through your registered account. You can make
corrections, amendments, and deletions at will. However, please note that we
may not delete any of the personal information collected from You, even if you
decide to terminate your registration to the Site.
How does this policy apply to children?
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Our Site is not intended for use by children under the age of 18. If you are under
18 years old, you should not use, register with or otherwise provide Personal
Information to our Site.
What are the conditions of use in the Policy?
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This Privacy Policy may be modified from time to time. The date of the most
recent revisions will appear at the top of this page. Your continued use of our
Site will constitute your acceptance of any changes or revisions made to the
most revised Policy.
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In addition to this Policy, please read our Terms and Conditions here,
of which this Policy is an integrate part of.
Sale or transfer of information
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We consider the information obtained by and through the Site to be important
assets of PicApp. As a result, we may sell, transfer, assign or otherwise share
some or all of our assets, including user information described in this policy.
Furthermore, in the event that PicApp is acquired, merges or combines with
another entity, sells any of its assets, suspends business in the normal course or
liquidates, becomes insolvent or declares bankruptcy, this Site and any of the
data or information obtained through it or otherwise by us may be transferred or
sold to another person, organization or entity in accordance with applicable law.
Contact Us
If you have any questions, comments or inquiries regarding our Policy, don't hesitate to
contact us at help@picapp.com
PicApp Online Standard Terms and Conditions
Introduction
- PicApp is a new and exciting platform, which facilitates the flow of royalties through the
incorporation of advertising in visual content for online use.
- This is a legal agreement between you ("You") and PicApp Technologies Ltd. and PicApp, Inc. (collectively, "PicApp").
"Agreement" as referred to herein includes this document headed "PicApp Online Standard Terms and Conditions"
as well as any policies, guidelines and amendments that may be incorporated thereto or presented
to you from time to time, including, without limitation to PicApp's
Privacy Policy, incorporated herein.
- Please note that by accessing this website and using and/or obtaining content from this
PicApp website (the "Website"), you signify your agreement to all the terms and conditions of
this Agreement. Therefore, please read this Agreement carefully before doing so. If you do not
agree to be bound by this Agreement, please do not use and/or access this Website or any of
PicApp Visual Content.
- As referred to in this Agreement, "Visual Content" shall include any still image,
photograph, illustration, film, animation, clipart, composite, digital footage, digital video,
film footage, font, graphics, motion sequence or any other visual representation, together
with all accompanying metadata and other material that You may obtain from the WebSite. Such
Visual Content includes one or more accompanying ads ("Ad(s)"), which are displayed in intervals
or upon clicking on or hovering over such Visual Content.
Using PicApp
- By this Agreement, PicApp grants any User or Registered User (as defined below) a non-
exclusive, Non-Transferable right to perform any of the following permitted uses with the
Visual Content ("Permitted Uses"): use, publish online, publicly display and reproduce Visual
Content from the Website. In addition, you may post comments on Visual content and/or edit
Visual Content, in accordance with PicApp website policies and other policies,
by using tools provided on the Website.
- The term "Non-Transferable" as used in Paragraph 5 means that your performance of Permitted
Uses must be solely for your benefit. You may not sell, rent, loan, lease, give, sublicense, trade,
exchange, make available for exchange or download, or otherwise transfer to anyone the Visual Content,
or grant any other person or entity the right to perform any Permitted Uses other than Viral Use
(as defined below). You agree to take all commercially reasonable steps to prevent third parties from
performing any Permitted Uses, other than by Viral Usage. Note that any use of the Visual Content without
agreeing to this Agreement, or breach of the terms of this Agreement shall constitute infringement of copyright.
- Permitted Uses does not include allowing third party end-users, target audiences or recipients
of such Visual Content to download or copy any Visual Content, other than to copy and use such Visual
Content for web use, by electing to do so from a viral menu attached to such Visual Content ("Viral Use").
Any user performing Viral Use shall be bound by the terms and conditions of this Agreement and be deemed to
have agreed to all such terms and conditions, as applicable. If Your use of the Visual Content is syndicated
by You to third parties, or You give permission to others to copy the Visual Content and the surrounding
text to be reproduced verbatim on another web page or web site (to the extent permitted herein), You must
notify such third party that their acceptance of this Agreement is a pre-condition to being allowed to perform
such syndication or reproduction, and You shall verify that they agree to same.
- The Visual Content, Ads and the Website are copyrighted and protected under the laws of the State of Israel
as well as any other applicable laws. All rights are owned by PicApp and its suppliers and/or licensors. All rights
not specifically granted to You in this Agreement are reserved by PicApp. Your right to use Visual Content is subject
to your compliance with the provisions and terms set forth in this Agreement.
- Please note that in order to receive any consideration for the performance of any Permitted
Uses (as defined below) in the Visual Content, you will need to register to this Website and
thus become a registered user ("Registered User") instead of a non-registered user ("User").
[click to register]
- In performing any Permitted Uses, you may NOT perform any of the following:
- 10.1. Place, store or archive Visual Content on a computer or other storage device
that is accessible by more than one user at a time via a network connection, wireless
interface, or otherwise where the purpose is the exchange of Visual Content other than
by Viral Usage.
- 10.2. Sublicense, distribute, sell, transfer or assign Visual Content or rights
to Visual Content, other than by Viral Use.
- 10.3. Copy or reproduce the Visual Content, except as specifically provided in
this Agreement.
- 10.4. Edit, modify, change, alter, distort, manipulate, reverse engineer, decompile,
disassemble or create derivative works from any Visual Content or any part of it, except
as specifically provided in this Agreement.
- 10.5. Remove or disable any copyright, trademark, Ads, watermark or other proprietary
notices or markings from any place where it appears or is embedded within the Visual Content.
- 10.6. Apply for any intellectual property rights (including copyright or patent rights)
with respect of the Visual Content.
- 10.7. Invalidate or attempt to invalidate PicApp's or its licensors' intellectual property
rights in Visual Content and/or this Website.
- 10.8. Use or incorporate the Visual Content, or any part of the Visual Content, into
or as part of a trademark, service mark, or logo.
- 10.9. Use the Visual Content, or any part of the Visual Content, in any commercial,
promotional, advertising or merchandising manner, or make any other use of the Visual Content
containing recognizable individuals, entities, private properties, products, trademarks,
or brands in any manner that suggests their endorsement of any product or service.
Without derogating from the foregoing, if the context of such use of the Visual Content may
lead a person to think or believe that a person depicted in the Visual Content could be endorsing,
sponsoring or otherwise approving any product or service, you will include a prominent disclaimer
that such person does not so endorse, sponsor or approve such product or service.
- 10.10. Use Visual Content that is “editorial” other than in an “editorial manner”.
Use in an "editorial manner” means use relating to events that are newsworthy or of public interest.
- 10.11. Modify, reconfigure or repurpose Visual Content, or any part thereof, for use
in any mobile-directed web sites or mobile applications including but not limited to mobile
telephones, handheld game consoles and PDAs, that are specifically created for viewing of the
Visual Content, or any part of the Visual Content, on mobile devices.
- 10.12. Use the Visual Content in any unsolicited mass e-mail messages, in any usenet,
forum, listserv or the like where it is prohibited under the rules of the usenet, forum or
listserv, or use the Visual Content in association with any virus, trojan horse or the like.
- 10.13. Use the Visual Content in such manner or context that is, or which may be reasonably
considered to be, or on a web site or web page that may be reasonably considered to be, pornographic,
racist, sexist, obscene, indecent, seditious, offensive, discriminatory, hate, defamatory, threatening,
harmful, vulgar, liable to incite racial hatred, menacing, blasphemous, libelous, immoral or fraudulent,
in breach of confidence, infringes on any third party's intellectual property, privacy rights or other
rights, or it otherwise illegal, unlawful or improper, or which is racially, ethnically or otherwise
objectionable.
- 10.14. Display the Visual Content in any digital format or for any digital use at a resolution
greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as
an attempt to distribute the Visual Content in violation of this Agreement.
- 10.15. Use the Visual Content to compete with PicApp or any of its distributors or licensors.
- 10.16. Use the Visual Content in any downloadable format intended for multiple distribution
including, without limitation, templates, web site templates, software products, e-greetings, etc.
- You may use "a PicApp teaser image link" [ APTL] of a PicApp image only to promote a post or blog where the actual PicApp image is used. The APTL must be solely comprised of the PicApp image used and must redirect only to the page where the PicApp image is located. In creating the APTL, you may crop the original image, but you may not do so in a manner that would modify or change the meaning, tone or general context thereof, or render the image libelous or in violation of applicable law. The size of the APTL shall not exceed 180 pixels in either width or height. In addition, no change to the PicApp image may be made in a manner which would compromise the original intent of the image. You must also disable the ability of a viewer of the APTL to save the image thumbnail through "Save Picture as", "Save Image as" or similar functionality. You may not reproduce, duplicate or copy any images except in the limited circumstances described above and in strict compliance with such terms.
- Implementation and Operation of Ads:
- 12.1. Any Visual Content must be accompanied by an Ad that is either shown adjacent to the image
or appears either in intervals or when an end-user clicks or hovers over such Visual Content.
- 12.2. PicApp makes no guarantee regarding the actual number of "click on" or "hover over" of any Ads
or Visual Content by end-users or the amount of any payment to be made to You under this Agreement.
- Prohibited Uses of Ads and/ Gadgets displayed next or on the visual content:
- 13.1. You may not, and may not authorize or encourage any third party to:
- 13.2. Directly or indirectly generate clicks on or hovering over Ads or Visual Content through
any automated, deceptive, fraudulent, misleading, coercive, incentivized, malicious or other
invalid means, including but not limited to through repeated manual clicks, the use of robots or
other automated query tools and/or computer generated search requests, and/or the unauthorized use
of other search engine optimization services and/or software. Furthermore you agree to make
reasonable efforts to stop any such attempts and to notify PicApp as soon as practical of any such
attempts.
- 13.3. Edit, modify, filter or change the order of the information contained in any Ad and/or gadget, or remove,
obscure or minimize any Ad in any way, except as otherwise expressly provided in this Agreement.
- 13.4. Frame, minimize, remove or otherwise inhibit the full and complete display of any web
page accessed by an end user after clicking on any part of an Ad ("Advertiser Page").
- 13.5. Redirect an end-user away from any Advertiser Page or provide a version of the Advertiser
Page that is different from the page an end user would access by going directly to the Advertiser Page.
- 13.6. Display any Ad(s) on any error page, on any registration or "thank you" page (e.g., a page
that thanks a user after he/she has registered with the applicable web site), on any chat page, or in
any email.
- 13.7. Directly or indirectly access, launch, and/or activate Ads through or from, or otherwise
incorporate the Ads in any software application, web site, or other means other than next to the Visual
Content, and then only to the extent expressly permitted by this Agreement
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13.8. "Crawl", "spider", index or in any non-transitory manner store or cache information obtained
from any Ads or any part, copy, or derivative thereto.
User Representations
- By accessing this Website and/or performing any Permitted Uses, You
hereby represent, warrant and covenant that:
- 14.1. You are at least 18 years of age and you hereby give your consent to view adult-
oriented content.
- 14.2. You will not use the Visual Content in any way that is not permitted by this Agreement.
- 14.3. Your use of the Visual Content will not violate any applicable law or regulation of
any country, state, or other governmental entity.
- 14.4. The information that you provide to PicApp is accurate and true, including, without
limitation, all credit card or other payment information and you shall update such information
as necessary.
- 14.5. You are solely responsible for determining whether your use of any Visual Content
requires the consent of any other party or the license of any additional rights. If you are unsure
whether additional rights are needed for your use of the Visual Content, you are responsible for
consulting with competent legal counsel.
- 14.6. You are not acting as an agent of any third party.
- 14.7. You will view this posting periodically in order to review any and all changes to
this Agreement, if any. You hereby acknowledge and confirm that continued access and use of this
Website by You will constitute your agreement and acceptance of any changes or revisions to this
Agreement, as may be made from time to time.
- 14.8. You hereby agree to comply with the specifications provided by PicApp from time to time
to enable proper delivery, display, tracking, and reporting of the Ads, including without limitation
by not modifying the JavaScript or other programming provided to you by PicApp in any way, and by
not collecting trends or data or information from any text-based links used for redirection to the
appropriate advertiser website, unless expressly authorized in writing by PicApp (including by
electronic mail).
- 14.9. You will not use any device, software or routine to interfere or attempt to interfere
with the proper working of the Website.
- 14.10. You will not take any action that imposes an unreasonable or disproportionately large
load on PicApp's infrastructure.
- 14.11. You will not take any action for any purpose or in any manner that infringes the
copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit,
submit or otherwise make available through the Website any content, that infringes the copyrighted
works or violates the intellectual property rights of any third party. In accordance with the Digital
Millennium Copyright Act of 1998 (the "DMCA") (the text of which may be found on the U.S. Copyright
Office website at "http://lcweb.loc.gov/copyright/").
For further information on our policy regarding Copyrights, please click here.
User Indemnification
- You hereby agree to indemnify PicApp and its directors, officers, direct and indirect shareholders,
employees, partners, licensors or agents and to defend and hold each of them harmless against
any damages, costs, claims, expenses or liabilities of any kind arising out of your use of the
Visual Content and/or the Ad(s) or in connection with any breach of any of the terms of this
Agreement, other than the uses specifically permitted by this Agreement.
Copyright Protection
- PicApp shall make any reasonable effort to respond to notices of any actual or alleged
infringement that are reported via the Website or otherwise, as required by the DMCA and to
comply with the provisions of the DMCA. PicApp will terminate the rights of any User
or Registered User pursuant to this Agreement which repeatedly infringe any copyrighted rights.
If You believe that a work has been copied in a way that constitutes copyright infringement,
You should send a notice of infringement to PicApp. For more information, please review our
Copyright Policy here.
Limitation of Liability
- Neither PicApp, nor any of its directors, officers, direct and indirect shareholders, employees,
partners, licensors, or agents or its Content Owners or its advertising providers shall be liable
for any indirect, consequential, punitive, or incidental damages arising out of the use of, or the
inability to use Visual Content and/or Ad(s), or any economic loss, interruption or loss of service
or loss of date in any system or application in which the Visual Content and/or the Ad is used,
even if PicApp has been advised of the possibility of such damages. In no event shall
PicApp's liability (whether in tort, contract, or otherwise) arising out of or relating to your
use of the Visual Content or inability to use the Visual Content and/or the Ad(s) exceed USD 10.00
(ten US Dollars). "Content Owners" are the lawful owners of the Image Content.
- Ads and Visual Content may provide links to other websites or resources other than the Website.
Such other websites or resources are not under PicApp's control, and PicApp does not endorse and
is not responsible or liable for any content, advertising, products, services or other materials on
or available from such websites or resources. PicApp shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such website or resource.
Competitions Rules & Regulations
- The PicApp team holds various competitions, handing our various prizes and coupons.
- 19.1. The competitions are intended for specific audience, who are directly informed about them.
- 19.2. This competition is not open to employees or contractors of PicApp or any person directly or indirectly involved in the organization or running of the competition, or their direct family members.
- 19.3. The winner will be selected according to the competition terms.
- 19.4. PicApp reserves the right to cancel the competition at any stage, if deemed necessary in their opinion, and if circumstances arise outside of their control.
- 19.5. PicApp will not share your personal information with a 3rd party not associated with this competition.
- 19.6. All arrangements will be made by PicApp representatives only.
- 19.7. Prizes must be taken as stated, cannot be deferred, are not transferable, and there will be no cash alternatives.
No Warranty
- THE VISUAL CONTENT IS PROVIDED "AS IS" AND PICAPP HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
MERCHANTABILITY. PICAPP MAKES NO WARRANTIES FOR ANY VISUAL CONTENT THAT HAVE
BEEN MODIFIED OR ALTERED BY YOU TO THE EXTENT PERMITTED IN THIS AGREEMENT
AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY
CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE VISUAL
CONTENT. PICAPP GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF
NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR
ARCHITECTURE DEPICTED IN ANY VISUAL CONTENT, AND YOU MUST SATISFY YOURSELF
THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE
OBTAINED. PICAPP DOES NOT WARRANT THAT THE VISUAL CONTENT, WEB SITES OR
OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED
OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF
THE VISUAL CONTENT IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK
COMPETENT LEGAL COUNSEL BEFORE USING VISUAL CONTENT ON OR IN CONNECTION WITH ANY
GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. PICAPP SHALL NOT BE
LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER
DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE VISUAL CONTENT,
PICAPP'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF PICAPP HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
- PICAPP MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ADS, AND
EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
Reservation of Rights
- PicApp reserves the right to:
- 22.1. Investigate, at its own discretion, any activity that may, in PicApp's opinion,
violate this Agreement, or any engagement in any activity prohibited by this Agreement.
- 22.2. Alter, replace and/or remove any Visual Content at any time and at PicApp's sole discretion.
- 22.3. Initiate a verification process in order to verify the identity of any user or Registered
User in the Website. In the event a user is not identified, Picapp shall have the right to remove
any Visual Content obtained by such user and to replace it by a self Ad of PicApp.
- 22.4. Change the flash file format, the Ads Intervals and the look and feel of the Ads.
- 22.5. Change its pricing and/or payment structure at any time and for any applicable and lawful
reason that PicApp may see fit.
- 226. Change the terms of this Agreement from time to time by updating this posting. The date
of the most recent revisions will appear on top of this page and thus, You will be deemed as notified
of such revisions.
- In addition, all rights not specifically granted to You by this Agreement are reserved by PicApp.
Termination
- PicApp may terminate this Agreement and your right to access any part of, or all of, the Website
or Visual Content, if you are in breach of any of the provisions of this Agreement. Your obligations
under paragraphs 6,10,12,18 and 19 shall survive termination of this Agreement. After termination the
rights granted to you under Section 5 shall immediately be revoked and be of no further force and effect.
You hereby agree that upon termination, You shall immediately stop all further use or public display
of the Visual Content for any purpose.
Miscellaneous
- This Agreement shall be governed by the laws of the state of Israel and the competent courts in the
Tel-Aviv-Jaffa District shall have the sole jurisdiction over disputes arising from, or related to, this Agreement.
- In the event that any provision of this Agreement shall be found unenforceable by any competent
court, the remainder of the Agreement will remain in full force and effect.
- This Agreement, including all its references, constitutes the entire Agreement between PicApp and
any user of the Website. It supersedes any previous or collateral discussions or correspondence such
parties may have had.
- You may not assign or transfer to anyone else the rights granted to you pursuant to this Agreement.
If you are unsure of your rights under this Agreement, or if you wish to use a Visual
Content in a manner not permitted under this Agreement, please contact customer service
by e-mailing us at
Terms@picapp.com.
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