Please find the legal information and terms and conditions of the Photomyne service, here below
IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST NOT USE THE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to Photomyne where you can scan your old photo albums and store your photos!
Acceptance of Terms
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on our Services. You should check our Services periodically and review changes to the Terms at the following URL: https://photomyne.com/colorize-app/terms-of-use. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you do not accept the modifications, please stop using the Services.
Photomyne allow users to upload black and white photos to the Services, which will then be colorized. You must be at least 18 years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority, to register to the Services.
License and Limitations of Use
- Subject to the terms and conditions set forth herein, Photomyne hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to: (i) download, install and use one copy of the Services on each mobile device that you own or control for your use and access of the Services, and (ii) make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. Any rights not expressly granted herein are reserved by Photomyne and Photomyne's licensors.
- You hereby declare that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. In order to ensure your rights properly and our compliance with applicable data privacy protection rules, you must notify us promptly if your age is lower than 18 years, using the contact information under “Contacting Us” section below.
- You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. You hereby declare that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, all or any part of the Services or the Photmyne IPR (as defined below); (iii) link to, mirror, or frame any portion of the Services; (iv) make use of the Services or distribute any part thereof in any jurisdiction where same are illegal or which would subject Photomyne or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) visit or access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Services; (viii) access the Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through storage in excess of what would be reasonable for a personal photo or video collection and use of bandwidth in excess of what could be used via normal usage, (ix) upload, or submit, inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy; (x) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of, the Services and/or any other software available on the Services or create derivative works thereof; (xi) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xiii) interfere with or damage the Services, including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (xiv) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; and/or (xv) remove, change or modify any trademarks from or attach any additional trademarks to the Services.
- You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. Photomyne does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Submitted Information and Materials
- SUBMITTED MATERIALS. You shall have sole responsibility and liability for Submitted Materials (as defined below). Any Submitted Materials provided by you remains your property. Photomyne does not endorse and shall not be liable for any and all parts of the Submitted Materials and may, at its sole discretion and at any time and for any reason (or no reason), review, monitor, remove or edit any of the Submitted Materials, without notice to you, including if we decide that such Submitted Materials violates these Terms and/or violates applicable laws, rules, or regulations; or is offensive or illegal.
- LICENSE TO YOUR SUBMITTED MATERIALS. Without derogating from your ownership of the Submitted Materials, by submitting or transmitting any Submitted Materials through the Services, you hereby grant Photomyne, a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to freely and fully exploit your Submitted Materials at Photomyne’s sole discretion for the purpose of providing the Services.
- REPRESENTATIONS AND WARRANTIES. You represent and warrant to Photomyne that your Submitted Materials: (i) comply and will at all times comply with all applicable laws, rules and regulations, the Terms and do not and will not infringe the rights of any third party, including any intellectual property rights and the right of privacy, (ii) do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or illegal content, (iii) are and shall be free from any restrictions, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies). You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Services.
"Submitted Materials" shall mean any and all photographs uploaded and/or submitted and/or otherwise made available by you and/or on your behalf through the Services.
Ownership of Proprietary Rights
All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting in and/or attached/connected/related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, music, videos, content (other than the Submitted Materials), various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of the Services, and any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "Photomyne IPR") are the property of Photomyne and/or its respective affiliates and/or its licensors which retain all right, title and interest in connection therewith. No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Photomyne IPR or otherwise. "Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.
User Warranties and Representations
You represent and warrant to Photomyne that: (a) you have, and will have at all times, all right, title and interest necessary to grant to Photomyne any and all licenses hereunder for the purposes contemplated by these Terms; (b) you have, and will have at all times, all permits, licenses, and consents required in connection with the receipt and use of the Services and as required to fulfill your obligations and grant to Photomyne any and all rights, licenses and consents hereunder, including, without limitation, in respect of the Submitted Materials; and (c) you and your use of the Services comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, and ordinances
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR PHOTOMYNE IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION THE PHOTOMYNE IPR, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHOTOMYNE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
PHOTOMYNE DOES NOT WARRANT THAT THE PHOTOMYNE IPR AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PHOTOMYNE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PHOTOMYNE IPR AND/OR SERVICES OR ANY GOODS OBTAINED THROUGH THE USE OF THE SERVICES OR THE USE OR THE RESULTS OF THE USE OF THE PHOTOMYNE IPR AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, SECURITY, COMPLETENESS, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE PHOTOMYNE IPR AND/OR ANY GOOD OBTAINED THROUGH THE USE OF THE SERVICES AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH CLAIM, DAMAGE, LOSS, OR HAZARD.
PHOTOMYNE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT, THE SERVICES AND/OR PHOTOMYNE IPR WILL MEET YOUR REQUIREMENTS.
PHOTOMYNE DOES NOT REPRESENT OR GUARANTEE THAT THE PHOTOMYNE IPR AND/OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PHOTOMYNE DISCLAIMS ANY LIABILITY RELATING THERETO.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL PHOTOMYNE AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND/OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA (OR CORRUPTION OF DATA), OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR PERSONAL INJURY OR PROPERTY DAMAGE, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES AND/OR RELIANCE ON THE SERVICES AND/OR THE PHOTOMYNE IPR AND/OR YOUR INABILITY TO ACCESS AND/OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY PHOTOMYNE AND/OR TO ANY OTHER MATTER RELATING TO THE SERVICES AND/OR PHOTOMYNE IPR. PHOTOMYNE AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PHOTOMYNE'S REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to defend, indemnify and hold Photomyne and its affiliates, and their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers harmless from and against any losses, demands, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use of the Services; (ii) your violation of any third party right, including, without limitation, any intellectual property, or privacy right, and including without limitation any third party claim in respect of the Submitted Materials; and (iii) your breach of these Terms.
Third party Content.
Notice and Takedown and DMCA Compliance
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to Photomyne at the following email address: email@example.com, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
It is Photomyne's policy to respond to clear and valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we may promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing Photomyne's Designated Copyright Agent at: Photomyne Ltd.; Attention: Mr. Nir Tzemah; 8 HaKishon St., Bnei Brak, Israel; +972-3-5518114; Email: firstname.lastname@example.org with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Photomyne to locate the material; providing URLs in the body of an email is the best way to help Photomyne locate content quickly; information reasonably sufficient to permit Photomyne to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that pursuant to the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that Photomyne may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Counter-Notification: If you elect to send Photomyne a counter notice, to be effective it must be a written communication that includes the following: a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Photomyne may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or the Photomyne IPR immediately (including, without limitation, the license set forth in Section 3.1 above), at our sole discretion at anytime and for any reason, including, but not limited to, technical difficulties or violation of these Terms . Upon termination, you shall immediately cease using the Services and the following Sections shall survive: 1, 2, 4.2, 5-16. Termination of your access to the Services may also include immediate removal of the Submitted Materials uploaded by you to the Services. You agree that We shall not be liable to you or any third party for any termination/suspension of your access to any of the Services or to any of your Submitted Materials, and shall not be required to make the Submitted Materials available to You after any such termination.
Photomyne may generally cease offering or deny access to the Services and/or the Photomyne IPR or any portion thereof, at any time and for any or no reason.
(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv with regard to all claims arising out of, in connection with, or in any way relating to, these Terms and the parties hereto submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that Photomyne has the right, at any time and for any reason (or no reason), discontinue the Services or any part thereof, or to redesign or modify the Photomyne IPR and other elements of the Services or any part thereof; (iv) this is the entire agreement between you and Photomyne regarding the subject matter herein; (v) Photomyne may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Photomyne. Any unauthorized assignment will be void and of no force or effect; (vi) unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Photomyne any rights, remedies or other benefits under or by reason of these Terms; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) YOU AND PHOTOMYNE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF; and (x) without derogating from Sections 9 and 10 above, Photomyne shall not be responsible or liable for any delays or failures in performance if caused by circumstances beyond Photomyne's reasonable control, including, without limitation, problems in infrastructures, downtime or errors of service providers (e.g. cloud server is down), acts of God, strikes or other labor disturbances, government regulations or acts, war, whether declared or not, sabotage, and/or any other cause or causes, whether similar or dissimilar to those herein specified, which cannot reasonably be controlled by Photomyne.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: email@example.com