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Terms Of Service
This website is owned and operated by pic-time, Ltd. (“pic-time”, “we”, or “us”).
The terms and conditions below apply to your use of this website and the content
and services provided herein (collectively, the “Service”). They also apply to your
purchases of any photographic prints and other photographic products offered by
pic-time through the Service. So please read these Terms of Service carefully. By
using the Service or any portion thereof, you agree to be bound by these Terms of
Service. If you do not agree to be bound by these Terms of Service, do not use the
Service. You must be at least eighteen (18) years of age to use the Service. If
you are not at least eighteen (18) years of age, do not use the Service. We reserve
the right to modify the terms and conditions contained herein at any time in our
sole discretion. So you must check these Terms of Service periodically for changes.
Your continued use of the Service or any portion thereof following the posting of
such changes (including but not to any changes to pic-time's Privacy Policy, which
is referenced below) will mean that you accept such changes.
1. Service
pic-time hereby grants you a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. pic-time strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that pic-time will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between pic-time and you, pic-time may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.
2. Conduct
You agree that you will not use the Service or any portion thereof:
• for any unlawful purpose;
• to upload, post, or transmit any content that (i) is threatening, abusive, obscene, defamatory, or libelous, (ii) infringes upon or violates any rights of privacy or publicity, or any copyright, trade mark, or other intellectual property right, (iii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus), or (iv) could otherwise give rise to any civil or criminal liability under applicable law;
• for any commercial purpose other than as expressly permitted in a separate written agreement between pic-time and you;
• to transmit any advertising, promotional materials, or other forms of solicitation that have not been authorized by pic-time;
• to attempt to access another member’s account without permission;
• to impersonate another person or entity, or to misrepresent your affiliation with another person or entity; or
• to interfere with or disrupt (or attempt to interfere with or disrupt) the Service.
pic-time does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. pic-time reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.
3. Links
The Service may contain links to third-party websites. pic-time does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.
4. Intellectual Property
Except for the photographs and other content provided by photographers, all of the content on this website (including without limitation the graphics, design, and look and feel) is owned by pic-time and is protected by international copyright, trademark, and/or other intellectual property rights laws. All of the photographs featured on this website were created by photographers who have provided them to pic-time for worldwide sales and distribution. Those photographers retain the copyrights in their photographs, and have merely granted to pic-time a license to post such photographs on the website and provide the corresponding Products and Services offered herein. All of the content on this website other than the content provided by you is referred to herein as the “Content.” You may view the Content for personal, non-commercial purposes only. Except as expressly provided in this paragraph, you may not use, reproduce, display, store, modify, distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium, technology, or manner without the prior written consent of the owner thereof, and all other rights in the Content are expressly reserved by Pic-time and its licensees.
You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content.
5. Reporting Copyright and Other Violations
pic-time does not police the content posted on this website by photographers and other users, and is not responsible for the acts or omissions of those third parties. However, pic-time respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and other users of the Service to do the same. If your photograph appears on this website without your consent and you wish to have it removed, please notify us at info@pic-time.com with your request.
If any of your content is removed as a result of any such notice received by pic-time and you believe that such content does not infringe on a copyright, or that you have proper authorization from the rightful copyright owner, their agent, or pursuant to the law to post and use such content, you may send a counter-notice that contains all of the following information to info@pic-time.com:
i. identification of the content that has been removed or disabled and the location where the content appeared prior to being removed or disabled;
ii. a statement that you believe in good faith that the content was removed or disabled as a result of a mistake;
iii. your contact information including your name, address, phone number, and, if available, an e-mail address;
iv. a statement that you consent to jurisdiction of the federal court in Los Angeles, California;
v. a statement that you will accept service of process from the person that provided notification of the alleged infringement; and
vi. your physical or electronic signature.
If a counter-notice is received by our Copyright Agent, Pic-time may send a copy of the counter-notice to the initial complaining party and may inform that person that Pic-time may restore the removed or disabled content in ten (10) business days. The removed content may be restored within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Pic-time’s sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue.
6. Product Purchases
You can purchase copies of the photographs featured on this website in the form of photographic prints or in the form of other photographic products that are offered by pic-time. Such prints and other photographic products are collectively referred to herein as “Products.” You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such all Products are non-returnable and payment for all Products is required to be made in full in advance. The shipping terms for all Products purchased by you are FCA, pic-time’s shipping point, and pic-time may, at its option, select the common carrier for delivery of the Products (with the understanding that any carrier selected or used by pic-time is not the agent of pic-time). Risk of loss and/or damage, and title, for all such Products will pass from pic-time to you upon the carrier’s receipt of the Products. Although pic-time strives to fulfill all Product orders in a timely fashion, all Product delivery dates are approximate and not guaranteed, and Pic-time will have no liability for any late delivery. Due to the complex nature of this service pic-time reserves the right to make partial shipments of Products or to cancel to order completely, in such
cases the product that are not delivered will be refunded back to the PayPal account.
7. Product Satisfaction Policy
pic-time is committed to your satisfaction. If any Product that you purchase is defective and you return that Product to us within thirty (10) days following our initial shipment of that Product, we will repair or replace that Product at our expense. Before returning any Product to us, you must notify us of the problem by sending us detailed request to info@pic-time.com.
8. Disclaimers
THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIC-TIME DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIC-TIME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO PIC-TIME, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PIC-TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME’S MAXIMUM, AGGREGATE LIABLITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PIC-TIME IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PIC-TIME’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PIC-TIME’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
10. Indemnification
You agree to indemnify and hold harmless pic-time, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account.
11. International Use
pic-time makes no representation or warranty that the Service or the Content is appropriate or available for use in locations outside the state of Israel, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
12. Privacy Policy
Pic-time is committed to safeguarding your privacy. Please review pic-time’s privacy policy. The terms of our Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.
13. Email Policy
You may receive emails from pic-time if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, pic-time intends to include an easy way for you to choose to cease receiving emails from pic-time. Please note that, if you do choose to cease receiving emails from pic-time, it can take up to seven (14) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from pic-time (or purporting to be sent from pic-time), please forward a copy of that email with your comments to info@pic-time.com for review. We respect your time and attention by monitoring the frequency of our mailings.
14. Other Terms
These Terms of Service (a) will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to principles of conflicts of law, (b) may only be amended as provided in the first paragraph of these Terms of Service, or by a written agreement signed by both parties, (c) constitutes the entire agreement between the parties with respect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. You hereby agree to the exclusive jurisdiction of the courts of the State of Israel located in Tel-aviv respect to any legal proceeding arising in connection with this Agreement. This Agreement and any benefits to be derived hereunder may be assigned or transferred in whole or in part by pic-time. You may not assign this Agreement, in whole or in part, without the prior written consent of pic-time, and any such assignment or purported assignment by you without pic-time’s prior written consent will be void. Failure of a party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. In the event that any provision of this Agreement is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You may not use pic-time’s name or any of its trademarks or logos in any advertising or marketing materials without pic-time’s prior written approval.
1. Service
pic-time hereby grants you a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. pic-time strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that pic-time will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between pic-time and you, pic-time may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.
2. Conduct
You agree that you will not use the Service or any portion thereof:
• for any unlawful purpose;
• to upload, post, or transmit any content that (i) is threatening, abusive, obscene, defamatory, or libelous, (ii) infringes upon or violates any rights of privacy or publicity, or any copyright, trade mark, or other intellectual property right, (iii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus), or (iv) could otherwise give rise to any civil or criminal liability under applicable law;
• for any commercial purpose other than as expressly permitted in a separate written agreement between pic-time and you;
• to transmit any advertising, promotional materials, or other forms of solicitation that have not been authorized by pic-time;
• to attempt to access another member’s account without permission;
• to impersonate another person or entity, or to misrepresent your affiliation with another person or entity; or
• to interfere with or disrupt (or attempt to interfere with or disrupt) the Service.
pic-time does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. pic-time reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.
3. Links
The Service may contain links to third-party websites. pic-time does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.
4. Intellectual Property
Except for the photographs and other content provided by photographers, all of the content on this website (including without limitation the graphics, design, and look and feel) is owned by pic-time and is protected by international copyright, trademark, and/or other intellectual property rights laws. All of the photographs featured on this website were created by photographers who have provided them to pic-time for worldwide sales and distribution. Those photographers retain the copyrights in their photographs, and have merely granted to pic-time a license to post such photographs on the website and provide the corresponding Products and Services offered herein. All of the content on this website other than the content provided by you is referred to herein as the “Content.” You may view the Content for personal, non-commercial purposes only. Except as expressly provided in this paragraph, you may not use, reproduce, display, store, modify, distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium, technology, or manner without the prior written consent of the owner thereof, and all other rights in the Content are expressly reserved by Pic-time and its licensees.
You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content.
5. Reporting Copyright and Other Violations
pic-time does not police the content posted on this website by photographers and other users, and is not responsible for the acts or omissions of those third parties. However, pic-time respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and other users of the Service to do the same. If your photograph appears on this website without your consent and you wish to have it removed, please notify us at info@pic-time.com with your request.
If any of your content is removed as a result of any such notice received by pic-time and you believe that such content does not infringe on a copyright, or that you have proper authorization from the rightful copyright owner, their agent, or pursuant to the law to post and use such content, you may send a counter-notice that contains all of the following information to info@pic-time.com:
i. identification of the content that has been removed or disabled and the location where the content appeared prior to being removed or disabled;
ii. a statement that you believe in good faith that the content was removed or disabled as a result of a mistake;
iii. your contact information including your name, address, phone number, and, if available, an e-mail address;
iv. a statement that you consent to jurisdiction of the federal court in Los Angeles, California;
v. a statement that you will accept service of process from the person that provided notification of the alleged infringement; and
vi. your physical or electronic signature.
If a counter-notice is received by our Copyright Agent, Pic-time may send a copy of the counter-notice to the initial complaining party and may inform that person that Pic-time may restore the removed or disabled content in ten (10) business days. The removed content may be restored within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Pic-time’s sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue.
6. Product Purchases
You can purchase copies of the photographs featured on this website in the form of photographic prints or in the form of other photographic products that are offered by pic-time. Such prints and other photographic products are collectively referred to herein as “Products.” You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such all Products are non-returnable and payment for all Products is required to be made in full in advance. The shipping terms for all Products purchased by you are FCA, pic-time’s shipping point, and pic-time may, at its option, select the common carrier for delivery of the Products (with the understanding that any carrier selected or used by pic-time is not the agent of pic-time). Risk of loss and/or damage, and title, for all such Products will pass from pic-time to you upon the carrier’s receipt of the Products. Although pic-time strives to fulfill all Product orders in a timely fashion, all Product delivery dates are approximate and not guaranteed, and Pic-time will have no liability for any late delivery. Due to the complex nature of this service pic-time reserves the right to make partial shipments of Products or to cancel to order completely, in such
cases the product that are not delivered will be refunded back to the PayPal account.
7. Product Satisfaction Policy
pic-time is committed to your satisfaction. If any Product that you purchase is defective and you return that Product to us within thirty (10) days following our initial shipment of that Product, we will repair or replace that Product at our expense. Before returning any Product to us, you must notify us of the problem by sending us detailed request to info@pic-time.com.
8. Disclaimers
THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIC-TIME DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIC-TIME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO PIC-TIME, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PIC-TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIC-TIME’S MAXIMUM, AGGREGATE LIABLITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PIC-TIME IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PIC-TIME’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PIC-TIME’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
10. Indemnification
You agree to indemnify and hold harmless pic-time, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account.
11. International Use
pic-time makes no representation or warranty that the Service or the Content is appropriate or available for use in locations outside the state of Israel, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
12. Privacy Policy
Pic-time is committed to safeguarding your privacy. Please review pic-time’s privacy policy. The terms of our Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.
13. Email Policy
You may receive emails from pic-time if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, pic-time intends to include an easy way for you to choose to cease receiving emails from pic-time. Please note that, if you do choose to cease receiving emails from pic-time, it can take up to seven (14) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from pic-time (or purporting to be sent from pic-time), please forward a copy of that email with your comments to info@pic-time.com for review. We respect your time and attention by monitoring the frequency of our mailings.
14. Other Terms
These Terms of Service (a) will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to principles of conflicts of law, (b) may only be amended as provided in the first paragraph of these Terms of Service, or by a written agreement signed by both parties, (c) constitutes the entire agreement between the parties with respect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. You hereby agree to the exclusive jurisdiction of the courts of the State of Israel located in Tel-aviv respect to any legal proceeding arising in connection with this Agreement. This Agreement and any benefits to be derived hereunder may be assigned or transferred in whole or in part by pic-time. You may not assign this Agreement, in whole or in part, without the prior written consent of pic-time, and any such assignment or purported assignment by you without pic-time’s prior written consent will be void. Failure of a party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. In the event that any provision of this Agreement is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You may not use pic-time’s name or any of its trademarks or logos in any advertising or marketing materials without pic-time’s prior written approval.
© 2010 pic-time, All Rights Reserved