Terms of use

IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST NOT USE THE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Welcome to Photomyne where you can scan your old photo albums/slides/paintings/images/negatives and store your photos and videos!

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" and all references, as the context requires, to “we”, “us” or “our”) proprietary applications known as "Photomyne" and/or “Photo Scanner Plus” and/or “Photo Scan App by Photomyne” and/or “SlideScan by Photomyne” and/or "Colorize - Color to Old Photos" and/or "FilmBox by Photomyne" and/or "LifeShow - Slideshow Maker" and/or "FamilyStars by Photomyne" and/or "Photo Family Tree" and/or "Photomyne Share" and/or "Face/Face Photo Similarity App" and/or "FridgeArt Kids Art Scanner" and/or any other app under the Photomyne brand and its website available at: 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 available at the following URL: photomyne.com/privacy-policy (collectively, the "Terms") constitute a binding agreement between you and Photomyne (the “Agreement”), and by continuing to use and/or utilize the Services (in whole or in part) in any way or manner you agree to abide by, and that you are bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and avoid making any use of the Services.

   Our collection and use of personal information in connection with your access to, and use of the Services is described in our Privacy Policy.

   We may unilaterally change or add to the provisions 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: 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 Services

   • Photomyne allows users to scan, upload, share and store photos taken from old photo albums, shoeboxes, slides, paitings, images, negatives or any other physical or digital storage. 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, you will not be able to benefit from the full suite of the Services. 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. If you are under the age of 18 or the age of legal majority where you reside if that jurisdiction has an older age of majority, you must obtain parental consent (or consent from your legal guardian) prior to using our Services. In order to ensure your rights properly and our compliance with applicable data privacy protection rules, you must notify us promptly if your age is lower than 18 years, using the contact information under “Contacting Us” section below.
   • You 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, using the contact information under “Contacting Us” section below.
   • Please note, that if you access or download the application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Android apps are not required by Google Play to include an End User License Agreement.
   • As part of the Services, you may also access paid services that are provided by a third party service provider who digitizes your video cassettes. This service, including the digitization, handling of your video cassettes and delivery are provided by the third party service provider and are subject to that third party's terms of use and privacy policy on their website or mobile application.
     
     https://scandigital.com/pages/terms and https://scandigital.com/pages/privacy
     
     Photomyne shall not have any liability or responsibility in respect of such service and merely allows the third party service provider to offer them on the Services. Please note that the delivery areas and digitization capacity may be limited. If the requested destination is not included in the delivery areas of the Services and/or the volume or format of the video cassettes exceeds the service provider's capacity then you may not digitize your video cassette. You are advised to backup your video cassette before shipping, because sometimes shipments are lost or get damaged. Without derogating from the foregoing, Photomyne is not responsible for the quality of the videos or cassettes that you provide. In the event of delay or failure to receive your digitized videos, please contact our customer support at support@photomyne.com. Your sole and exclusive remedy and Photomyne's sole and exclusive liability for failed shipment or failed digitization shall be to attempt the digitization and/or shipment again.

3. License and Limitations of Use

   1. Subject to the terms and conditions set forth herein, Photomyne hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to: (i) download, install and use one copy of the 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.
   2. You hereby declare that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. In order to ensure your rights properly and our compliance with applicable data privacy protection rules, you must notify us promptly if your age is lower than 18 years, using the contact information under “Contacting Us” section below.
   3. You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. 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 and obligations 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; (xix) breach or circumvent any applicable laws or regulations, agreements with third parties, third parties rights or pursuant to our Terms.
   4. You shall not use generative AI features in order to create fake photos for publication or distribution, for fraud or deception or in order to demean any third party.
   5. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. Photomyne does not guarantee continuous, uninterrupted or secure access to the Services, or that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and may be interfered with by numerous factors outside or within Photomyne's control.

4. Submitted Information and Materials

   1. SUBMITTED INFORMATION AND MATERIALS. You shall have sole responsibility and liability for Submitted Information and Materials (as defined below). Any Submitted Information and Materials (including your photos) provided by you remains your property. You acknowledge that Photomyne has no obligation to monitor the access to or use of the Services by any user or to review, disable access to, or edit any Submitted Information and Materials (as defined below).
   2. Photomyne does not endorse and shall not be liable for any and all parts of the Submitted Information and Materials, but has the right to review, monitor, remove or edit any of the Submitted Information and Materials, at its sole discretion, without notice to you in order to (i) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure user’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Submitted Information and Materials that it determines is harmful, abusive, disruptive, offensive, objectionable or threatens the safety of, users of the Service; or (v) as otherwise set forth in these Terms. You agree to cooperate with and assist Photomyne in good faith, and to provide us with such information and take such actions as may be reasonably requested by Photomyne with respect to any investigation undertaken by Photomyne or a representative of Photomyne regarding the use or abuse of the Services.
   3. 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.
   4. 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, 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. 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 these Terms. Except as needed to provide the Services, we will not use your Submitted Information and Materials except for Submitted Information and Materials that you made public ("Public Material"). If you make any Public Material, you agree that the foregoing license, as applicable to Public Materials, will automatically become perpetual and permit Photomyne to fully exploit Public Materials 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 Materials and undertake not to assert any claim against Photomyne in respect of Public Materials and their use. Except as needed to provide the Services, we will not use your Submitted Information and Materials. Please note that copies of Submitted Information and Materials shared with others or made publicly by you, as Public Material or otherwise, may remain for a reasonable period of time in our archives for backup, archival, or audit purposes even after you delete the content from your account, in accordance with and subject to, applicable law.
   5. Following termination or deactivation of your account, or if you remove any Submitted Information and Materials, we may keep your Submitted Information and Materials for a reasonable period of time for backup, archival, or audit purposes. If you choose to make Submitted Information and Public Materials public, you give us permission to use it to provide and improve the Services, in accordance with and subject to, applicable law.
   6. 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.
   7. 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, slides, paintings, images, negatives, videos, sound, music 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.

5. Ownership of Proprietary Rights

   All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting in and/or attached/connected/related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, music, videos, content (other than the Submitted 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 the property of Photomyne and/or its respective affiliates which retain all right, title and interest in connection therewith.

   No transfer or grant of any rights and obligations 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.

6. 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.

7. 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.

8. Privacy

   1. Photomyne's privacy practices are governed by Photomyne's privacy policy, the most updated copy of which can be found at photomyne.com/privacy-policy ("Privacy Policy"). This privacy statement applies solely to information or data collected by us.
   2. The Services may contain links to third-party websites or resources which may be subject to different terms and conditions and privacy practices. The Privacy Policy does not purport to cover all information and 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 or liable for the availability or accuracy of the content or the privacy policies of third party web sites to which it may link or websites that link to the Services. Should you need any addition information in this regard, we recommend you to carefully read the terms of use and privacy policies of such third parties and/or App Platforms before using their services and connecting to the Services.

9. Payments and Taxes

   The Services include features that are subject to payment. The prices may be changed, from time to time, at the Company’s sole discretion. The price which will apply to your order will be the price presented at the time of payment. Payment can be made only through the Services via a third party payment interface. If any of your payments is not successfully processed for any reason, Photomyne may, without derogating from any other right or remedy afforded to it, suspend or block your account.

   The payments do not include any taxes or charges. If any taxes or charges apply to your payments you shall exclusively bear those taxes and charges.

10. Refund and Cancellation Policy

    1. Cancellation Terms

       We are sad to hear that you decided to cancel your subscription. If there is anything we can do to help you decide to continue the subscription, please let us know at support@photomyne.com.

       If you would still like to unsubscribe, just follow the steps below. This will stop your subscription from renewing after the current subscription period ends. (If you were looking for steps on how to request a refund instead, please see section b below).

       1. For Apple App Store Purchases:
          • Launch the Settings app on your iPhone or iPad
          • Tap your name
          • Tap on Subscriptions and choose the App
          • Tap on "Cancel Subscription"
       2. For Google Play Purchases:
          • Open the Google Play Store on your Android device
          • Make sure you’re signed into the correct Google Account
          • Tap Menu and then Subscriptions
          • Select App
          • Tap Cancel subscription
          • Follow the instructions
       3. For purchases made via our web payment system:
          Note: website access is currently available for the Photomyne, FilmBox, SlideScan, and Colorize apps.
          • Go to portal.photomyne.com/portal/login.
          • Choose the relevant app in the app name field, then log in. Use the same login method with which you registered - email and password, phone number, Apple account, or Google account.
          • Once logged in, tap your name in the top-right, and tap plan/billing in the menu to view your account details.

          If you need further assistance, Contact our customer support at support@photomyne.com.

       For instructions and FAQs on cancelling your subscription, please go to: https://photomyne.com/faq/my-account-expired-now-what#Photomyne

       Please note that uninstalling the app does not automatically cancel your subscription.

    2. Refund Terms

       1. For Apple (App Store) Purchase:

          With just a few quick steps, you can request a refund from Apple:

          • Go to Apple's problem reports page: http://reportaproblem.apple.com/
          • Log in with your Apple ID username (typically your email address) and password
          • Tap or click “I'd like to”
          • Choose “Request a refund”
          • Choose the reason why you want a refund, then choose Next
          • Choose the App, then choose Submit

          Or

          • Search your inbox for the Apple invoice for the Photomyne account purchase. The subject line of the email is usually “Your invoice from Apple.”
          • Open that invoice email and look for the Report a problem link under the app’s name. Click that.
          • The next page will list your App Store purchases in the past 90 days. Each purchase entry has a Report a problem button next to it. Click the button next to Photomyne.
          • In the reason dropdown menu, select the relevant reason and continue.

          You can also speak directly with Apple Customer Support.

       2. For Android (Google Play) Purchase:

          You can request a refund directly by following these steps on Google Play:

          • Go to play.google.com.
          • At the top right, click your Profile picture.
          • Click Payments & subscriptions... .
          • For the order you want to return, click Report a problem.
          • Select the option that describes your situation.
          • Complete the form and note that you'd like a refund.
          • Click Submit.

          If you have any trouble, please reach out to our team with the invoice that you received from Google which includes the GPA number, at support@photomyne.com. Payments made through the Google Play Store are eligible for a full refund within 30 days of purchase.

       3. For purchases made via our web payment system:

          To request a refund, you must reach out to customer support at support@photomyne.com.

          Photomyne does not provide any partial or full refunds once the subscription period has started, except as otherwise specified in the Terms of Use or under special circumstances, at Photomyne’s sole desecration on a case-by-case basis. However, when signing up to a subscription for the first time, you have a right to a fourteen (14) day “cooling-off period”, subject to applicable laws, in which you can request and receive a refund. The “cool-off period” would apply only from the initial date when the subscription services has been delivered, which is the date when you sign up for a subscription plan. You may only use this right once, at the first purchase engagement with Photomyne, following the 14-day period, you will be subject to this Refund and Cancellation Policy. Notwithstanding the above, the cool-off-period will cease when and if you use the paid services, the right to receive a refund within the 14-day period is subject to not using the paid-services.

          If a full or partial refund is granted, please note that your auto-renewal will then also be cancelled, and your subscription will be immediately stopped, and you will lose access to the service.

       General: Refunds will only be issued to the payment method used to purchase the subscription, and in accordance with the applicable policy (Apply policy, Google Play Policy, or this Refund and Cancellation Policy For purchases made via our web payment system).

11. Disclaimer

    IF YOU CHOOSE TO USE THE SERVICES YOU DO SO VOLUNTARILY AND AT YOUR SOLE DISCRETION.

    YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR PHOTOMYNE IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION THE PHOTOMYNE IPR, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHOTOMYNE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

    PHOTOMYNE DOES NOT WARRANT THAT THE PHOTOMYNE IPR AND/OR SERVICES WILL BE UNINTERRUPTED 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 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, SLIDES, PAINTINGS, IMAGES, NEGATIVES, SHOEBOXES 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 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.

12. Limitation of Liability

    1. 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 interruption, loss of revenue, income, goodwill, use, data (or corruption of data), or other intangible losses, special, exemplary, or punitive damages, or personal injury or property damage, that result from or relate in any manner whatsoever to your use of the services and/or reliance on the services and/or the photomyne IPR and/or your inability to access and/or use of the services, including, without limitation, any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by photomyne and/or to any other matter relating to the services and/or photomyne IPR. photomyne and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers shall not be liable for delay or failure in performance resulting from causes beyond photomyne's reasonable control. without limiting the foregoing, in no event shall photomyne and its affiliates' total liability to you in connection with the services 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
    2. You are solely responsible for your interaction with other Photomyne users (or any person with respect to submitted information and materials you made public). If you have a dispute with any other user of the services and/or Photomyne IPR or any person with respect to submitted information and materials you made public), 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.
    3. The limitations of damages set forth above are fundamental elements of the basis of the engagement between Photomyne and the user. 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.
    4. 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.

13. 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; (ii) any misrepresentation made by you to any third party, (iii) your violation of applicable laws, regulations or third party rights, 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.

14. 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 electronic device by adjusting the privacy settings in your browser. For further information regarding cookies please see our Privacy Policy available at https://photomyne.com/privacy-policy.

15. Notice and Takedown

    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.

16. DMCA Compliance

    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., Bene Beraq, Israel; +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 Lumen (http://lumendatabase.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) of the DMCA or an agent of such person.

17. GDPR Compliance

    Photomyne is committed to the new EU General Data Protection Regulation 2016/679 (“GDPR”) and to protect your personal data, including its collection, storage, transfer or use by companies and third parties. In this regard please see our GDPR statement available at https://photomyne.com/eu-gdpr.

18. 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 ‎3.1 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, all in accordance with applicable laws. 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, ‎3.2, ‎4‎ - 19.

    Termination of your access to the Services may also include removal of the Submitted Information and Materials uploaded by you to the Services, in accordance with applicable laws. 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, as permitted by applicable laws.

    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, as permitted by applicable laws.

19. General

    1. 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.
    2. 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.
    3. 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.
    4. This is the entire agreement between you and Photomyne regarding the subject matter herein.
    5. 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. Photomyne may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
       
       Photomyne will, on a best effort basis, provide you with reasonable notice of any such assignment.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. Without derogating from Sections ‎11 and ‎12 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, terror of all kind and/or any other cause or causes, whether similar or dissimilar to those herein specified, which cannot reasonably be controlled by Photomyne.

20. Contact Us

    If you have any further questions or require further clarification, please contact us by sending an e-mail to: support@photomyne.com