TERMS OF USE

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.
  1. Acceptance of terms
    The following instrument consists of the terms and conditions governing your (“you“) access to and use of the Photomyne Ltd. (“Photomyne” or “We“) proprietary application known as “Photomyne” and its website available at: www.photomyne.com and the content, features, software, related technology and services therein (collectively, the “Services“). These Photomyne Terms of Use together with the Photomyne Privacy Policy (collectively, the “Terms“) constitute a binding agreement between you and Photomyne, and by continuing to use and/or utilize the Services (in whole or in part) in any way or manner you acknowledge that you have read, understand and agree to abide by, and that you are bound, by these Terms. If you do not understand or agree to these Terms, you should immediately exit the Services and avoid making any use of the Services. Your use of the Services is governed by the version of the Terms in effect on the date the Services are utilized. We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We may notify you via email or by means of a prominent notice on our website or application. You should check our Services periodically and review changes to the Terms at the following URL: www.photomyne.com/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.
  2. The service
    Subject to the terms and conditions set forth herein (including without limitation payment of the applicable fees, if any), Photomyne allows users to scan, upload, share and store photos taken from old photo albums. The Services may be provided either for a fee or free of charge, at Photomyne’s sole discretion. In order to provide the Services, We may require that users first provide certain personal information, which We determine is reasonably necessary. Although You are under no obligation to provide such personal data to us, without registering to the Services and paying for the use, you will not be able to benefit from the full suite of the Services. Some Services may not be available to you unless you choose to pay for them. 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. You agree to maintain accurate, complete, and up-to-date information in your user account. Your failure to maintain accurate, complete, and up-to-date user account information may result in your inability to access and use the Services. You are solely responsible for any actions performed in the Services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify Photomyne and modify your login information.
  3. Orders
    As part of the Services, you may also organize, layout and order printed albums of your Submitted Information and Materials Content (“Album”). Ordering an Album is subject to payment of the applicable fees, as will be posted at the time of ordering. The prices may be changed, from time to time, at the Company’s sole discretion. The price which will apply to your order of an Album will be the price presented at the time of payment for the order. Payment can be made only through the Services, via a third party payment interface.
    Photomyne will make reasonable efforts to deliver the Album within twenty one (21) business days of a successfully completed order. Photomyne relies on third parties for printing and delivering the Album and shall not be liable for delays in delivery. Please note that the delivery areas and printing capacity may be limited. If the requested destination is not included in the delivery areas of the Services and/or the current volume of orders exceeds the printing capacity then we may not be able to ship an Album at that time.
    Photomyne is not responsible for the quality of the photographs that you choose to insert into the Albums and/or their arrangement. Before completing your order, please ensure that you are satisfied with your selections and that the mailing address that you submitted to the Services is accurate and complete. The digital presentation of the Album is for illustration purposes only and may not accurately reflect the look of the printed Album, including without limitation in respect of resolution and coloring. Before submitting an order for a large number of Album copies, you are advised to order one copy for quality assurance. In the event of delay or failure to receive your Album, please contact our customer support at support@photomyne.com. Your sole and exclusive remedy and Photomyne’s sole and exclusive liability for failed shipment shall be to reship the Album.
  4. 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-sub licensable, revocable, limited license to: (i) download, install and use one copy of the Photomyne application 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 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) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of 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 or publicity; (xi) 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; (xii) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (xiii) attempt to obtain private information from other users in any form or manner whatsoever; (xiv) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xvi) 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; (xvii) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; and/or (xviii) remove, change or modify any trademarks from or attach any additional trademarks to the Services.
  5. Submitted Information and Materials
    • SUBMITTED INFORMATION AND MATERIALS. You shall have sole responsibility and liability for Submitted Information and Materials (as defined below). Submitted Information and Materials (including your photos) provided by you remains your property. Photomyne does not endorse and shall not be liable for any and all parts of the Submitted Information and 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 Information and Materials, without notice to you, including if we decide that such content violates these Terms and/or violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. By using the Services you accept the risk that you might be exposed to content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Photomyne with respect to such content.
    • LICENSE TO YOUR SUBMITTED INFORMATION AND MATERIALS. Without derogating from your ownership of the Submitted Information and Materials, by submitting or transmitting any Submitted Information and Materials to or through the Services, you grant Photomyne, a non-exclusive, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, publish, publicly perform, publicly display, digitally perform, modify, directly or through third parties, create derivative works of your Submitted Information and Materials for the purpose of providing the Services and share Your Submitted Information and Materials with the other users subject to any privacy settings you set. We reserve the right at all times to anonymously upload some of the pictures you scanned to our servers for diagnostic purposes. Such license will apply to any form, media, or technology now known or hereafter developed. Any and all sublicenses granted pursuant to this license shall be perpetual and irrevocable and survive the termination of this license and/or the Terms. Except as needed to provide the Services, we will not use your Submitted Information and Materials except for photos that you made public ("Public Photos"). If you make any photos public, you agree that the foregoing license, as applicable to Public Photos, will automatically become perpetual and permit Photomyne to fully exploit Public Photos for any commercial purpose at its sole discretion, including promotion, marketing and printing as part of physical products, all without credit. You hereby waive any moral rights and rights to consideration or royalties in and to all Public Photos and undertake not to assert any claim against Photomyne in respect of Public Photos and their use. Except as provided within these Terms and except for your Submitted Information and Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
    • REPRESENTATIONS AND WARRANTIES. You represent and warrant to Photomyne that your Submitted Information and Materials (including all content, images, trademarks, and technology contained therein): (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 rights of publicity or 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 Information and Materials” shall mean any and all material, text, photographs, videos, and information (including audio information and content) or other data and/or content provided and/or uploaded and/or transmitted and/or submitted and/or published and/or otherwise made available by you and/or on your behalf.
  6. Ownership of Proprietary Right
    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 Information and 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 or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the “Photomyne IPR”) are and shall be the exclusive property of Photomyne (or its licensors) and/or its respective affiliates 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. In the event that by operation of law any of the Photomyne IPR is not owned in its entirety by Photomyne automatically upon its creation, then you hereby irrevocably assign, transfer, and convey to Photomyne the ownership of such Photomyne IPR, including all right, title, and interest in connection therewith, free of any charge. You agree to assist Photomyne, at Photomyne’ s expense, to obtain for Photomyne and enforce any Intellectual Property Rights for Photomyne IPR worldwide. You will execute any documents that Photomyne may reasonably request for use in obtaining or enforcing such Photomyne IPR and other legal protections.
    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.
  7. Suggestions
    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.
  8. 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 Information and 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.
  9. Privacy
    Photomyne’s privacy practices are governed by Photomyne’s privacy policy, the most updated copy of which can be found at: www.photomyne.com/privacy-policy (“Privacy Policy”). The Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, or companies/people that Photomyne does not own or control, or does not employ or manage. Photomyne would like to emphasize that Photomyne is not and cannot be responsible for the content or the privacy policies of web sites to which it may link or websites that link to the Services.
  10. Disclaimer
    YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR PHOTOMYNE IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION ALBUMS AND 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, ALBUMS AND/OR SERVICES WILL BE UNINTERRUPTED 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 OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR THE USE OR THE RESULTS OF THE USE OF THE PHOTOMYNE IPR AND/OR SERVICES (INCLUDING THE ALBUMS) OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE 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 OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, BY SAVING YOUR OLD PHOTO ALBUMS AND/OR ORDERING ALBUMS) AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH CLAIM, DAMAGE, LOSS, OR HAZARD. PHOTOMYNE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT, THE SERVICES, ALBUMS AND/OR PHOTOMYNE IPR WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE PHOTOMYNE IPR AND/OR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY INFORMATION OR MATERIALS OBTAINED THROUGH OR FROM PHOTOMYNE IPR AND/OR THE SERVICES WILL BE ACCURATE OR RELIABLE, ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED, AND THAT PHOTOMYNE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICES. 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.
  11. 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 ALBUMS, 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, ALBUMS 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. WITHOUT LIMIING THE FOREGOING, IN NO EVENT SHALL PHOTOMYNE AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES, ALBUMS AND/OR PHOTOMYNE IPR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO PHOTOMYNE OVER THE COURSE OF SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE U.S. DOLLARS (US $1), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER PHOTOMYNE USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SERVICES AND/OR PHOTOMYNE IPR, YOU AGREE THAT 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 ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. PHOTOMYNE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SERVICES. 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.
  12. Indemnification
    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) any use of your account and/or your use of the Services, including without limitation the Albums; (ii) any misrepresentation made by you to any third party, (iii) your violation of any third party right, including, without limitation, any intellectual property, property, or privacy right, and including any third party claim in respect of the Submitted Information and Materials; and (iv) your breach of these Terms.
  13. Third party Content. Purchases
    The Services may provide links to or feeds from websites and other online resources not hosted, owned or operated by Photomyne. Except as otherwise expressly stated by Photomyne on the Services, We do not control and are neither affiliated with nor responsible for the operators of any third party websites or other resources that link to or are linked from the Services, and We have neither reviewed nor endorsed such third party websites or other resources. You hereby acknowledge and agree that We shall not be responsible for the content, products, services or other materials available on or through such third party websites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third party websites or other resources that link to or are linked from the Services. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read the terms of use and privacy policies of such applications, sites and content. Some of the content and materials available through the Services may be provided by third parties. No reference made in or through this Services to any third party content (including Submitted Information and Materials and advertisements), commercial product, process, or service, or provider of such product, process or service (“Third Party Content”) constitute or imply an endorsement, recommendation or favoring by Photomyne. Any opinions, advice, statements, content, services, products, offers, advertisements, or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Photomyne and Photomyne does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall Photomyne be responsible or liable for any of the foregoing. Photomyne is a mere conduit in respect of Third Party Content and is not obligated to screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing. Without derogating from the foregoing, to the extent that you conduct any purchase through a third party interface or platform provided by and/or in and/or linked from the Services (such as, but not limited to, Zooz, the App Store and/or the Google Play Store), such purchase and/or any use of such third party interface or platform shall be subject to the terms and conditions and privacy policy of and applicable to such third party interface or platform and not these Terms or the Privacy Policy. Photomyne is not and will not be responsible or liable for such third party service/interface/platform or any acts or omissions such third party. We recommend you to carefully read the terms of use and privacy policy of such third party interface or platform. We reserve the right to discontinue or change any such third party interface or platform provided by and/or in and/or linked from the Services. Please note that third parties delivering advertisements on our Services may also use cookies or other technologies, including tailored advertising and analytics, and those practices are subject to those third parties’ own policies. You can prevent the use of cookies on your computer by adjusting the privacy settings in your browser.
  14. 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: support@photomyne.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: Nir Tzemah, CEO; 8 HaKishon St., Bnei Brak, Israel; Tel.+972-3-5518114; Email: nir@photomyne.com, 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 Luman (http://www.lumandatabase.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.
  15. Termination
    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 4.1 above), at our sole discretion at anytime without prior notice 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, pay Photomyne any applicable fees and payments due as of termination and the following Sections shall survive: 1, 2, 4.2, 5-16. Termination of your access to the Services may also include removal of the Submitted Information and 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 Information and Materials, and shall not be required to make the Submitted Information and 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 without prior notice.
  16. General
    (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 10 and 11 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.
  17. If you have any further questions or require further clarification, please contact us by sending an e-mail to: support@photomyne.com
    Last updated: March 11, 2018
Asset 24
Photo Scanner
by Photomyne
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