Pixoner's Terms of Use
Effective from: March 20th, 2020
1. Introduction
1.1. The use of the website of Pixoner (the “Website” or the “Service”) is in accordance to the following terms of use (the “Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
1.2. The use of the Website is restricted solely to legal purposes and is restricted to individuals who are legally qualified or corporations.
1.3. The purpose of the Terms is to regulate the relations between the operator of the Website, Prodonet (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
1.4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
1.5. The Operator reserves its right to terminate Your use of the Service if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Service, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website and/or Service.
1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.8. The Service is active and accessible at all hours of the day at every day, and You may always use it to view Your photos, upload Your photos to Your Facebook profile and purchase licenses of Your photos. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: info@pixoner.com. It is clarified that the Operator’s contact details are subject to change at its sole discretion and without any prior notice.
1.10. It is hereby clarified that You declare, warrant and understand that any of Your use and reliance on information available in the Service is at Your own responsibility and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service. For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users, among other things, to view photos of them in races they participated in and to upload them to their Facebook profile based on identification of Bib numbers of participants in races, and the Operator has no control over any issue which relates to the photos including, but not only, their quality, resolution and amount of photos which the User appears in and Your appearance in such Photos.
2. Definitions
“Content” means the Website, photos You appear in, information about races, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
“Service” means the Website, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Website Errors” means any interruption in the Website’s availability due to reasons which are not directly controlled by the Operator.
“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
3. Your Photos; Purchasing Licenses
3.1. The Operator enables You via the Website to view photos of You in Events You participated in and to share them in Your Facebook profile. This is done via identification of Your Bib number as allocated to You at the beginning of the race or by scanning your face photo taken by you. Please note that there may be errors in identifying and scanning Your Bib number (e.g. if You used Your Bib number not according to the instruction and/or if the barcode on the Bib number was dirty), and therefore the Operator cannot guarantee that Your photos will be properly available on the Website. Furthermore it is clarified that Facebook is a third party which is not controlled by the Operator, and therefore there may be errors in uploading Your photos to Your Facebook profile which are not caused by the Operator.
3.2. In some events You may also purchase your photos from the Website for a fee which will be determined by the Operator. Such license is solely for personal and non-commercial use unless mentioned otherwise during the purchase process.
3.3. All sales of digital images are final. Once the files have been downloaded, no refunds or exchanges will be issued. This policy is in place due to the nature of digital products, where the item cannot be returned in the same way as physical goods. This no-refund policy is consistent with the standard practices of e-commerce websites dealing in digital goods. By proceeding with your purchase, you accept that this is a common and accepted policy for digital products. We strive to provide high-quality digital images and encourage you to review product descriptions and previews before making a purchase.
3.4. For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users, among other things, to view photos of them in races they participated in and to upload them to their Facebook profile based on identification of Bib numbers of participants in races, and the Operator has no control over any issue which relates to the photos including, but not only, their quality, resolution and amount of photos which the User appears in. Furthermore, it is clarified that the Operator has no control of any misuse of photos You appear in by third parties.
4. Liability and Limitation of Liability
4.1. It is hereby clarified that the Operator is not liable for any communication between You and the organizers of races You participated at and/or other participants in such races which their details are available on the Website.
4.2. During Your use of the Website You will be exposed to photos of other Users. It is strictly forbidden to misuse such photos, and as mentioned above, you may use only Your photo for personal non-commercial use.
4.3. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website, and the User will have no claims against the Operator in such case.
4.4. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service available in the Website.
4.5. The Operator has no relation and/or connection to races or its participants, and none of these shall not be considered as a recommendation or encouragement of the Operator, and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
4.6. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the Website.
4.7. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You.
4.8. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
4.9. The Operator has no responsibility for any races which their details are available on the Website. Any claims and/or demands You may have regarding a race, whether concerning participating in such race and whether concerning its outcome should be addressed to such third party which organized and/or managed and/or participated in the race , and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding such race.
4.10. The Operator has no control of any misuse of photos You appear in by third parties, and any claim You may have regarding any misuse of photos You appear in must be addressed to such third party, and the Operator will have no liability in such case.
5. Intellectual Property
5.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
5.2. Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
5.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
5.4. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
5.5. By using the Website You agree that as long as the Website is active, photos You appear in will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Privacy Protection Act-1981 and/or any other applicable law. It is clarified that the Operator may use photos You appear in under its sole discretion provided that such use will be reasonable and legal by any applicable law.
5.6. The Operator may, at its sole discretion, add to photos You appear in its name, logo or any other text.
5.7. The ownership and the intellectual property rights of contents of third parties including images displayed in the Website and photos You appear in which are available in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
5.8. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: info@pixoner.com.
6. Use of Personal Information; Mailings
6.1. The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
6.2. The Operator may offer to all its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails, with accordance to the Israeli Communication Law (Telecommunication and Broadcasting-1982).
7. Security
7.1. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
7.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
8. Term and Termination
8.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
8.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In case of the above the Operator shall, where possible, give reasonable notice of such termination.
8.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
8.4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
8.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
9. General Terms, Governing Law and Messages
9.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted
9.2. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
9.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
9.4. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival.