Tuesday, February 20, 2018

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Terms & Conditions (Licensing Agreement)

1. Acceptance of Terms
By using this site and/or downloading any pictures or other content, henceforth referred to as "Images", you hereby agree to be bound by this Agreement.
This agreement applies to you and, if you are using this web site on your client's behalf, it also applies to you and to your clients. We reserve the right to change this agreement without further notice. You hereby also agree to receive from us further material and information when we'll find it to be suitable. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. No variations or changes of these Terms and Conditions shall be effective unless agreed to in writing by Israelimages and you.

2. Use of this Site
Israelimages site is owned and managed by Israel Images Picture Collection Ltd., henceforth referred to in this agreement "Israelimages".
All images and other content provided by Israelimages hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Israelimages and/or by our photographers. All Images are protected by Israeli, US and international copyright laws.
This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). Israelimages reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your use upon written notice from Israelimages. All rights not specifically granted under this Agreement are reserved to Israelimages.
Israelimages may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Israelimages may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Israelimages.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Israelimages or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Israelimages makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content of all shots, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

3. Using images for comping
Conditional upon your compliance with this Agreement, Israelimages grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Israelimages grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

4. Registering with Israelimages
To be allowed access to our images as well as upload any images, you have to register with us and you agree to provide complete, true and accurate information. Israelimages reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account login and password supplied to you by Israelimages. Our privacy policy can be reviewed elsewhere on our site.
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Israelimages of any unauthorized access or need to update or remove access for any of your employees or associates. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Israelimages of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Israelimages account or web site or related services. You hereby agree to receive periodical information by email from Israelimages in regarding to this website.

5. Acquired rights
Rates and rights must be negotiated and agreed before use. You acquire rights for a non-transferable, non exclusive license, for a one-time download of an image as specified in the Invoice/Copyright License, henceforth referred to as "Invoice", that is issued to you.
The Invoice will contain your name, date of purchase, pictures' identities, description of the granted rights, fees, applicable tax and/or more details.
Reproduction rights for the Images are subject to the Terms and Conditions herein and are strictly limited within our Invoice to the specified uses, together with any limitations also specified regarding the period of time during which, or territory within which, you may use our Images. Unless otherwise specified in our Invoice, the use we grant to you of our Images is for one-time use in a single publication, project or web site at a specified size and with Text (if any) in the language or languages specified.
The Acquired rights that you purchase under this agreement are not permitted for use by any other third party, known or unknown to you, at any time.
Under any circumstances, you are not permitted to offer the usage rights of the images you download from Israelimages either for payment or for free to any other third party.
Upon payment of our Invoice you may utilize the Images we license to you on a non-exclusive basis for the specific uses and purposes stated on our Invoice and limited by these Terms and Conditions. You do not acquire any right, title or interest in or to any of our Images including, but not limited to, any electronic reproduction or promotional rights, except as specifically set forth in our Invoice and these Terms and Conditions. You agree that you will not make, authorize or permit any use of the particular Image/s, digital file/s or other reproduction/s made from our Images except as specified in our Invoice or any other official document issued by Israelimages.

6. Subscriptions
Packages are available when you wish to aquire license for multiple pictures in one purchase. Subscriptions are an economical option for most applications, but few restrictions apply as follows, only for packages of hi-res images (300dpi) - A5, A4 & A3 sizes:
6a. commercial: subscription's license is not granted for any media exceeding 1000 copies.
6b. books: subscription's license not granted for print-runs of more than 1000 copies per book.
6c. newspapers: subscription's license not granted for media exceeding 50,000 copies per issue.
6d. posters, calendars, post cards - subscription license is restricted to 25 copies only.
6e. billboards - subscription license is restricted to 5 copies only.
In such cases of restrictions to use pictures from the subscription packages you should purchase regular, single-picture, license.

7. Duration  of License
The duration of the License we issue you for use of our Images is for a period of twelve (12) months from the date of invoice issuance unless otherwise specified. Our Agreement will terminate automatically without further notice from us once the permitted use and terms specified in our Invoice have been completed.

8. Payment
7a. Time is crucial in the performance of your obligation to pay our Invoice. You have the right to reproduce our Images only when our Invoice is fully paid. You hereby agree to pay our Invoice within 30 days of issuance.
7b. Reproduction of the Image by you before payment of the relevant Invoice constitutes an infringement of copyright and a breach of this Agreement, thus entitling us to revoke the Invoice and hold you subject for the payment of damages. No rights of reproduction are granted until payment is received by Israelimages.
7c. If payment is not made by you in accordance with 7a above then we may revoke the applicable Invoice and recover damages or, at our option, we may charge interest to you on the overdue amount at 2% per month above the official dealing rate of Leumi Bank of Israel on the outstanding balance.
7d. All sums required to be paid to us under these Terms and Conditions are expressed net of Value Added Tax (and any equivalent or substitute tax), which (if and to the extent payable on such sums) shall be paid by you in addition to the basic license fee.

9. Price calculation
We calculate the fee specified in our Invoice by relying in good faith on the information you provide to us for the intended use and reproduction specified in that License. Since it is difficult to quantify the loss or damage incurred if you use the Images other than in accordance with this Agreement, including but not limited to the number of uses, the publication utilized, or the size of reproduction, we shall have the option to forego our right to sue for copyright infringement and breach of contract if you pay, as liquidated damages, a sum equal to three (3) times the normal fee which we would have charged for such use, within fourteen (14) days of the Israelimages invoicing you for such fee. If you subsequently fail to make such payment to us we shall have the right to sue you for copyright infringement and breach of contract.
If during the licensing period you will ask to use the picture/s in additional usages, you must apply for it. Israelimages reserves the right to accept or refuse such request. If such request is accepted, additional fee will apply, and the rights' extension will be granted in writing only.

10. Digital manipulation
You may exercise the reasonable amount of digital manipulation necessary in order to prepare the Images for reproduction, such as minor modifications or enhancements of colors or color balance, minor reduction or intensification of contrast, or minor retouching.

11. Resell or redistribution prohibited
Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not: sublicense, re-license, rent or lease any of the Images; copy or publish any of the Images to a network or a bulletin board, or otherwise distribute or allow any of the Images to be distributed by anyone other than the authorized users without prior written consent from Israelimages. You may not reuse the Images beyond the duration of time that your license allows.

12. Unauthorized Use
Without limitation, Images may not be used for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Israelimages to exercise all rights and remedies under applicable law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Israelimages' rights or remedies in connection with any unauthorized use.

13. Model and Property Releases
No valid model or other releases exist for any Image on our website unless the existence of such releases is specified in writing by us. You agree to indemnify and hold the Image Creators and Israelimages harmless against all claims arising out of the use of any Images where the existence of such release(s) has not been specified in writing by us.
The rights Israelimages grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Israelimages makes no representations or warranties that it owns or licenses any rights nor does Israelimages grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Israelimages makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Israelimages. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
Israelimages gives no rights or warranties with regard to the use of names, trademarks, logotypes, registered or copyrighted designs or works of art depicted in any Image, and you must satisfy yourself that all necessary rights, model releases, permissions or consents which may be required for Reproduction are obtained.
If Israelimages erroneously advises you that an Image is model-released when it is not, Israelimages' liability shall be limited to the amount you paid Israelimages for the use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Israelimages is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Israelimages with proof of such releases and permissions upon request.

14. Copyright Notice
14a. Our Images are protected by copyright. All rights to the Images are owned by the Creators and licensed by the Israelimages. A copyright and credit line must be included with the reproduction of our Images in the following format:
14b. If non-editorial use, you agree to provide copyright protection by placing proper copyright notice on any use. Proper use may be "Year / Photographer / Israelimages" adjacent to or within the Image(s) (which protects the pictures themselves)
14c. If editorial use, you agree to provide a credit line in the form "Year / Photographer / Israelimages" in type no smaller than that of related text, such credit line to appear adjacent to or within the Image/s
14d. Since it is difficult to quantify the loss or damage incurred by us and our Image Creators due to an incorrect or missing copyright and credit line you agree that a reasonable amount of liquidated damages payable by you to us if the copyright/credit line is omitted or incorrect is 100% of the fee specified in our Invoice.

15. Sensitive Subjects
You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Israelimages' separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity or related, substance abuse, crime other subjects that can be considered to be offensive or unflattering to any of the models included in the image.
You must contact Israelimages for additional information prior to any use of an Image with any sensitive topic.

16. Refund Policy
You may ask for a refund of your purchase within 14 days from the purchase date. Note that this might be possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request. No refund will be provided if an Image was already used in any manner, including for comps, either for commercial, non-commercial or personal purpose. If you bought a subscription package you may ask for a refund within 14 days from the purchase date, providing that you did not download more than three pictures by the time you request a refund. Refunds will be made excluding bank's (or other financial) charges that might evolve. Israelimages reserves the right to deny refund.

17. Israelimages Trademarks
Trademarks, services and logos used and displayed in Israelimages are registered and unregistered trademarks of Israelimages its subsidiaries and affiliates. Israelimages trademarks may only be used publicly with the permission of Israelimages with proper acknowledgement. Except as expressly granted Israelimages does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

18. Limitations of Liability
18a. You agree and accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.
18b. Israelimages provides its web site and online Images, the accompanying data (including captions) and any Digital Medium in which the Images are provided "as is" and on an "as available" basis without any representation or endorsement and without warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that use of the Images will be uninterrupted, error free or free of computer viruses or computer bugs, or that defects will be corrected, or give any warranty otherwise as to their functionality, accuracy, or reliability.
18c. In no event will the Israelimages be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions, including without limitation (i) the use of or inability to use the Images or (ii) the inability to obtain additional rights to the Images (including making additional copies). In any event, the limit of liability of the Israelimages shall be the fee paid for the Images to us.
18d. There may be links from our web site to other web sites on the Internet; however, these web sites are not controlled by us and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against us regarding the inclusion of links from the Israelimages web site to outside web sites or your use of those web sites.
18e. Israelimages is doing its best to keep its website online at all times. However, you hereby accept the fact, and release Israelimages from any liability, that occasionaly the website might be down due to Internet failures or due to vital maintenance work that must performed on the server.

19. Loss of purchased Image
You purchase the right for a one-time download only.
Israelimages may agree, but not obliged, at its own discretion, to re-submit you the same file, for free, within 30 days of the initial download day.
Israelimages may re-submit the image afterwards at an additional cost of 30% of the fee stated in the invoice. The original Invoice/Copyright's terms will apply,
Including the original Duration of License. In case of a subscription, Israelimages will allow repeated download of the same picture without charge within seven days of the initial download.

20. Indemnification
You agree to indemnify, defend, and hold Israelimages harmless against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
You agree to indemnify Israelimages in full if you infringe the intellectual property rights of a third party. For the purposes of this clause, the term "Intellectual Property Rights" shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in drawings, software inventions and confidential information.

You agree that you will not use or permit the use of our Images to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify and hold us harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of our Images other than in accordance with the terms of this Agreement.

21. Governing Law & Disputes
These Terms and Conditions, as well as any disputes or claims arising under or relating to this Agreement, shall be governed by, and construed in accordance with the laws of Israel. Disputes arising under this Agreement shall be exclusively subject to the jurisdiction of the courts of Israel. Notwithstanding the foregoing, however, Israelimages shall have the right to commence and prosecute any legal or reasonable action or proceeding before any non-Israeli court of relevant jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Israelimages, such action is necessary or desirable.

22. Disclaimer
Israelimages tries to ensure that information on its site is accurate. By using this site you agree to be bound by the Terms & Conditions which take effect on the date when you first use the site.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos and other materials (without limitation) are provided on  an AS IS basis. Israelimages offers no warranty, explicit or implied, regarding any images, the site, the accuracy of information or any rights or licenses under this agreement. In particular, we do not warrant or represent the accuracy or perfection of information provided on this site nor we do guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs. In no event will Israelimages be liable to any person for any damage or loss that may arise from the use of any information contained in our site or images displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of data, or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the site. In no event shall Israelimages' or its affiliates' liability for your use of any image provided hereunder exceed the greater of the amount invoiced and paid by you for the use of that image/s. Except for any liability which cannot by law be excluded or limited, neither Israelimages nor any affiliates shall be liable to you or to any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images.

If you have questions or comments about using any material from this website please contact us at: info@israelimages.com .

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