1.1. Please read these Terms and Conditions of Service ("Terms") carefully before using this Website. By accessing or using the Website, you (the "User") accept and agree to all the Terms and Conditions below. If any of the Terms is unacceptable to you, please do not use the Website and refrain from using it in any way.
1.2. Photoland of the site https://www.photoland.co (herewith: "we", "Website") and all related websites and mobile apps, provides images, photographs, and motivational quotes (Herewith: "Content")
1.3. Prior to using any of the pages or other areas on this Website, please read carefully These Terms, which govern, together with our Privacy Policy, your use of this Website. THIS AGREEMENT WILL BECOME BINDING UPON YOU UPON USING THE WEBSITE.
1.4. The Website may occasionally amend or update these Terms at any time to reflect changes in our practices and services, without giving any prior notice to users. All amendments will come into effect and bind users once posted on this Website. If we do so, we will post the changes on this page and will indicate the date these terms were last revised. Users are encouraged to check these Terms frequently for amendments.
1.5. This website is operated by Magnificode LTD (" Company "). Throughout this site, the terms “we”, “us” and “our” shall be referred to the Company and/or this website. all information, Items, photos, related websites and mobile apps, images, motivational quotes , etc. (" Service ") available from this website to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
1.6. If you have any questions regarding the Terms, please contact us.
2. GENERAL RESTRICTIONS ON USE
2.1 Use of and access to the Website is void where prohibited by law. By using the Website, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or any obligation.
2.2. It is strictly forbidden and you agree not to (a) unlawfully access the Website, its server and/or any files related to the Website and/or use any robots, spiders, crawlers and the like, for the purpose of data mining, reverse engineering or any other similar methods; (b) transmit to or via the Website any content which contains any viruses, bugs, worms and other malicious programs, which could be harmful to the Website or to other computers, violate third parties privacy or prevent them from using the Website.
2.3 The Website can remove any data and/or content and/or to refrain from fully or partially advertising such content, according to its own discretion and without any prior notice.
2.4 You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way, including alter, modify or reverse- engineer.
2.5 You may not use any information from this Website to send any spam or other unauthorized or unsolicited commercial communications or publicity materials
2.6 You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Website account names);
2.7 You agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
2.8 No part of this Website may be copied, reproduced, published, publicly performed or displayed, transmitted, communicated, made available to the public, stored in any electronic retrieval system or distributed in any medium, without the prior written consent of Website, except as expressly allowed herein.
2.9 Website may alter or amend any part of the Website at any time upon its sole discretion.
3. REGISTRATION
3.1 When you register to use the Service, you are required to provide your email address, and will choose a username and password for your account. additional details might be required. You must ensure that the email address that you provide is, and remains, valid and monitored by you. Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy, as may be updated from time to time.
3.2 You agree not to use the account of another User at any time, and not to allow any other person make use of your user name and password.
3.3 By registering you declare that you are 18 years of age or over. If you are under the age of 18, you declare that you have the consent of your parent or legal guardian to receive the Services or to register an account for the Services.
4. TERMINATION OF ACCOUNT
4.1 The Website may for any reason, in its sole discretion and without prior notice, terminate your account, and remove from the Website any User Content (as defined below) associated with your account, in the event that Website believes that such User has breached, or intends to breach, any of User's representations, warranties, or obligations under these Terms or has contravened any applicable law. Grounds for such termination may include, inter alia, (i) extended periods of inactivity, (ii) violation of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users.
4.2 The Website reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the Website the Accounts or any part thereof.
5. USER CONTENT
5.1 The Website allows you to upload certain Content, including images on the Website. In addition, Website may allow you to post comments on the Website.
You are solely responsible for the content you upload. You warrant that:
5.2 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable the Website and its users to use your Content for the purposes of the provision of the Service by Website, and otherwise to use your Content in the manner contemplated by the Service and these Terms, and (b) that neither your Posting of such User Content nor the exercise by Website or any other users of the rights set forth in these Terms, shall infringe the intellectual property, moral, publicity or privacy rights of any third party.
5.3 You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to your Content; (ii) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein and you have obtained a non- exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or any other permission necessary concerning the use of this Content for any purpose, as specified under there terms of use ; and (iii) your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially offensive, harassing, or that is discriminatory based upon race, gender, colour, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage or discredit Website or any third party; (f) contain any virus, worms, trojan horses and other disabling or damaging codes; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless the Website and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms.
5.4 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question. In any event, Website will not need to obtain a license from any third party or pay a compensation or royalties to any third party with respect to the content.
5.5 The Website has no obligation to accept, display, review or maintain any User Content. Moreover, the Website reserves the right to edit, delete, or move user Content from the Website without notice for any reason at any time. User Content that you submit or post will be available to the public, and you should have no expectation of privacy in the same content.
5.6 You confirm that your contribution of User Content is your own original work and does not infringe on any third party's rights, including, but not limited to, copyrights, trademark, moral rights or any other intellectual property rights, and that it complies with these Terms.
5.7 You acknowledge and agree that other users of the Service may edit and modify your Content as they deem fit at any time following submission thereof and for so long as it has not been removed (subject to limitations on removal contained herein).
6. Uploading content and License for content
6.1. Once your User Content is submitted to the Service, it may be used, copied or modified by other Users without requiring your consent. Any such Modifications by other users may enhance, build upon, or alter your Content. You may or may not like the modifications made by other Users.
6.2 When you upload or post Content to the Website, you grant:
6.2.1. to the Website and its users an irrevocable worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, transfer, download, copy, modify, adapt, translate, prepare derivative works of (make available to the public, broadcast and publically perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and the Website's business, for any purpose, both commercial and non-commercial, in any media formats and through any media channels (now known or hereafter developed). You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal and commercial use of third parties subject to these Terms without providing you attribution or compensation. You agree that the Website and its affiliate sites may use the Content via API in such affiliated sites under these terms.
6.3 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website subject to section: 6.5. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you.
6.4 Removal of content from the website is not such to entitle the content uploader the right to cancel the license and rights granted in content that the Website and its users have downloaded or used according to these terms prior to their removal from the website and / or which have been integrated in projects according to these terms, nor to cancel the rights granted to a third party under the license for content. When you upload content you hereby confirm and agree that even after removal of any of the content from the Website for any reason whatsoever, the Website users, who downloaded the content prior to its removal from the Website, and any third party who has been granted a license to use the content prior to its removal from the website, will be entitled to integrate the content, and continue and use all the Content, until termination of the term of copyrights in them, in accordance with the terms of the license, and content uploaded will no be entitled to raise any demand and/or claim in this regard.
6.5 When you upload any Content to the Service you also authorize the Website under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, the Website is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to Website, as well as preparing any further declarations or documents which should be required or useful for the realisation of the license granted by you to Website.
6.6. The Website License does not allow: a. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites); b. Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value; c. Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or d. Any suggestion that there is an endorsement of products and services by depicted persons, brands, and organisations, unless permission was granted.
Please be aware that while all Content on the Website is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Website does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
7. INTELLECTUAL PROPERTY
Certain content and information provided on and through this Services, including, without limitation, Website’s logo, trademark, graphics, Content, information, text, images, data and other material displayed, available or present on the Services, that were not originated from Users, as well as the look and feel of the Services (collectively, the “Website Content”) are the copyrighted and/or trademarked work of the Website solely, and may not be used without express written permission from us, other than for attribution.
8. DMCA COMPLIANCE
8.1 Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the Website’s policy to respond to copyright owners who believe material appearing on the Website infringes their rights. If you believe that something appearing on the Website infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice.
Please send us an email, providing the following information:
● a description of the rights you consider to have been infringed; ● a statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law; ● your address, telephone number and email address to contact you; ● a statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.
8.2 Notices and counter-notices must meet the DMCA’s requirements. Be aware that there can be substantial penalties for false claims.
9. LIMITATION OF LIABILITY
9.1 The Website is an intermediary, which provides a platform offering the content, as defined above.
9.2 The Website and /or anyone on its behalf, shall not be liable for any damage, harm or loss, direct or indirect, resulting from any use of the Website, whether to the user and/or to any third party, as a result of the use of the content and data contained in the Website;
9.3 THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. IN NO EVENT SHALL WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS WEBSITE, OR ANY WEBSITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS WEBSITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS WEBSITE BY ANY THIRD PARTY;
9.4 The Website does not oblige to save a backup of all the content stored and/or present in the Website. Additionally, the Website may suspend the Website, in whole or in part, for the purpose of maintenance, update, upgrade or for any other need, and it shall not be liable to any loss, harm or damage, which may be resulted due to such act.
9.5 The Website will not be liable to any loss, harm or damage resulting from: (1) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; (2) any changes which Website may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); (3) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
10. INDEMNIFICATION
10.1. The Website may, at its sole discretion, disable/suspend User's account and User's access to, or use of, the Services and the Website may recover from User any losses, damages, costs or expenses incurred by the Website resulting from or arising out of User's non-compliance with any provision of these Terms.
10.2. You agree to indemnify and hold the Website and its shareholders, directors, officers, employees, advisors, subsidiaries, affiliates and agents (the “Indemnified Parties”), harmless from and against all loss, damages, expenses (including without limitation reasonable attorneys fees), claims, demands and liabilities incurred or suffered directly or indirectly by the Indemnified Parties arising out of (a) any action or omission (including representation) made by You to third parties, creating any obligation or liability regarding the Website Services which the Website has not specifically assumed or approved under these Terms, (b) your use of the website or your breach of these Terms or the documents it incorporates by reference, or (c) your failure to comply with all applicable laws, regulations, ordinances and treaty requirements, relating, among others, to data protection, privacy rights, and copyrights.
11.MISCELLANEOUS
11.1 Entire Agreement. This is the entire agreement between you and the Website relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by Website.
11.2 Separate Agreements. If any provision or provisions of this Agreement should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.
11.3 No failure of Website to invoke or enforce any of the Terms and Conditions shall be considered as a waiver of any right of the Website.
11.4 Provision of Services. The Website reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Service or any part thereof.
11.5 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
11.6 Assignment. User may not assign this agreement. The Website may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
11.7 Jurisdiction and Applicable Law. The laws of the State of Israel govern exclusively to these Terms and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the Tel Aviv District for any action arising out of or relating to these Terms.
11.8 Content from Third Party Sites. The Site and any information and Services contained herein may be available through any third-party platform, including without limitation, pixabay.com, or otherwise provided through links from the Site to any third-party platform. you understand and agree that We make no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Photoland, and We provides and/or permits these services and links only as a convenience to you. The inclusion of any third party services or link does not imply affiliation, endorsement, or adoption by Us. In addition We do not guarantee that the content on the services or link from other sites is correct or complete. The presence of services or links to other websites from third party platforms does not imply that We endorses or recommends the linked website or its services. We have no influence on the contents of the linked to external sites and We are not responsible for them. In such case, or in the event that it is explicitly stated that the Services provided to you from other platforms, you are obligated to read the terms and conditions and privacy policies of such third-party websites, services or platform. We are also not responsible for the advertising of third parties published on the such websites or for the goods or services offered therein.