V2.00, Last Updated May 8, 2018
These terms of service govern your use of the Bazaart software, licensed to you by Bazaart
Ltd. You can decide to reject these terms of service, and that you do not agree
to them. However, if you do so then you shall have no right to use the software
We develop a software for photo editing. When using the
software, we’ll provide you access to content that we licensed from our
partners, and allow you to search photos from all over the web. You own all the
rights for your works, but if you do not have a specific permission to use an
image, we can’t provide you with that permission.
The content we licensed through our collections is provided
with a license (as detailed in the full terms). If you import content from
outside our collections (including via our web-search), you may do so, but you
are required to receive the permission from the copyright holders. This means
that we don’t claim any ownership of your images.
We allow you to share content you view through our
application, to follow other users’ content and to
comment and like it. However, this may be limited at any time.
Also, we may allow you to backup
your photos, or to share them with your friends via other social networks, all
according to functionality of the services.
Please take note that when using our services some
information may be processed by third parties: photos may be processed by image
processing services, statistical information may be
collected by our service providers and technical information may be collected
for improving the service.
Lastly, this service is made on an AS-IS basis; we can’t be
held liable for any damage: not if your phone heats up and blows, not if your
data is lost and not if your photos are published on the web publicly.
Please take the time to read the full terms of service, as
they are the final and definite agreement we have.
- Eligibility. When enrolling into
the service, you represent and warrant that: (i)
you are either over 18 years of age, or if you’re over 13 and under 18,
you obtained your legal guardian’s consent to these terms;(ii) you are the
physical owner of your device. This means that you cannot use a cellphone
you received from the workplace in order to install this application
without your employer’s consent; (iii) you are not a sex offender, nor
have you been convicted with any violent crime or any crime against your
- There Is No Mandatory Signup. We
do not coerce you into signing up for the service. We encourage it.
- Signup. You may either sign up
using your Facebook account, where you provide us with basic permissions
for you name, friend list and contact photo, or use your email address as
a unique identifier. If you enroll
with your email address, we shall send a message to your email address
with a unique link to identify and verify your email address. We may also
use your email address for sending newsletters, as we explain in the
and store it securely on our our servers in a
We offer the following services, each of them is a “service”
by itself, and all are considered a “service” under this agreement.
- We may allow you
to perform certain photo editing and manipulation services. These may be
changed from time to time.
- We may allow you
to publish your photos on the web, either using our platform, or if you
decide, you can upload them to other services. We may also allow users of
the platform to share your photos.
- We may allow you
to interact with other users, either by following them, liking their works
on commenting on their images. Please note that web and application
features may differ.
- We can allow you
to add different filters, import content from selected vendors, or search
the web for content. When you use our web-search function, you acknowledge
that we cannot inspect each image’s usage rights and licenses and
therefore we cannot provide you with any guarantee that such image may be
used and you assume all risks pertaining to such activity.
- We may also
offer premium features for paid users. These may include advanced tools
and access to more licensed content and graphic resources.
- We may allow you to backup
your photos, either to your iCloud account or to another backup service.
This service might be made available in part only for registered users, or
only for paying users.
- We may also
allow you to use the Adobe suite of applications to edit photos that you
created using the services. Using this feature is conditioned on your
agreement with Adobe.
Each of the services may be deprecated or removed at any
This content policy applies both to the content you submit
through the service for us to use, and for content others submit that you may
- By either
providing us with visual, textual, audiovisual, or other material or by
using our service to share content, You hereby
accept this content policy as set forth. You acknowledge that any
violation of the content policy may cause termination of your service,
removal of your content and legal action by both ourselves and the person
whose rights were infringed.
- For the purpose
of this policy, the term Content shall refer to images and/or text and/or
videos used by yourself while creating content through the service and
published through it.
- License. You hereby warrant that
you are the sole owner and proprietor of any Content you distribute
through the service, or that you are allowed to post it under this content
policy. You hereby grant us an irrevocable, permanent, unlimited,
world-wide, royalty-free, sublicensable,
non-exclusive license to use your Content and to allow users to view and
share your Content according to the functionality of service and through
other third party services, including the
creation of derivative works and the creation of three dimensional works.
- Our License To
You. We provide you, as our user, a limited, non-transferrable, non-sublicensable, license to use all the images and works
made available via the services to create your own photos through the
services. If you prepare digital or physical items containing our licensed
content, then you may only use it for 500 units. This applies for digital
downloads, prints, handouts and physical devices or copies. This means you can use our image banks,
our libraries and our filters. However, you cannot reuse, resell or
license to others our licensed content or otherwise convey it in a manner
which does not reflect major alterations. This, for example, means that
you can use the backgrounds we provide for photos under this limitation,
but you cannot just copy these backgrounds and reuse them in a different
application or sell them to a stock-photo website. If you plan to use our
licensed content in more than 500 units, contact us and we will review the
usage and may allow you to do so according to our discretion.
- Publicity License. You hereby
grant us the permission to use your name, image, information and likeness
in relation to the content you posted. Meaning, that we may use your face,
photos and profile photo to promote the Content.
- Offensive Content. You hereby
warrant that your Content is not offensive and does not infringe the right
of any third party, including, but not only:
- Intellectual Property Infringing.
Your content does not infringe any third party
copyright, design, patent, trademark, trade secrets or any other
intellectual property rights.
- Pornography. Your Content does
not contain any text, image or depiction including extreme nudity,
profanity, sexual activity, sexual innuendos, sexually offensive or
otherwise obscene. We may allow artistic nudity and non-pornographic use
of exposed bodies.
- Slanderous. Your Content does not
slander, defame or otherwise harm the good name of others.
- Hate Speech and Racism. Your
Content does not include any hate speech or racist opinions, as well as
does not incite others to violent acts against persons solely based on
their inclusion in a specific group.
- Warranty. You hereby warrant that
you are either the sole proprietor or a designated licensee of your
Content and that no other party's rights are infringed or violated by your
use of the content and the Service. You moreover warrant that no legal
claim, dispute or lawsuit was filed against You or threatened against You
for publishing content through the service.
- Notice & Takedown. In order to
protect your rights, we have set up this Notice and Takedown Mechanism to
help you protect your Content and to ensure that no unauthorized use is
- Prescreen and Moderation. You
acknowledge that we cannot pre-screen all Content, but that we shall have
the right (but not the obligation) according to our sole discretion to
refuse or remove any Content. We shall have the right to remove any
Content that violates these Terms of Service or is otherwise
objectionable, or for any other reason.
- Disclosure of Content. You
acknowledge and agree that we may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce these Terms of Service; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect our
rights, property, or personal safety. You understand that the technical
processing and transmission of the service, including your Content, may
involve (a) transmissions over various networks and (b) changes to
conform and adapt to technical requirements of connecting networks or
- Harmless. You agree and warrant
to hold us and our users harmless and to immediately indemnify us for any
claim of copyright infringement, trademark dilution or patent
infringement for any use of Content according to these Terms of Service.
You also agree to indemnify us for any third party
claim for copyright infringement due to their use of Content made
available by You.
- Takedown. We value your right and
others rights, and therefore shall comply with all state regulations
regarding third party rights. Should you encounter any Content which you
believe to be in violation of any of Your rights, good name or
copyrights, Please file an infringement
complaint to our Content officer at firstname.lastname@example.org
- We shall
examine your complaint and shall forward it to the user who published
said content for his answer, if possible.
- Should Your
complaint be false, harassing or in order to prevent legal use of
service, you shall bear all liability to compensate the user which you
reported as infringing.
- In your complaint you will be required to provide us with: (i) a written statement regarding what content
infringes your rights and proof that You hold those rights; (ii) what is
the exact item identifier and/or number; (iii) notification that you
believe that the use made by the content is not considered fair-use,
criticism, consumer protest or any other protected speech.
- Moderation. Pursuant to any
report, and promptly thereafter, we will moderate the Content and review
your request; we shall notify the user who posted the Content on your
complaint, by electronic mail, including your information and request his
response, if possible.
- Removal or Restoration. Should
the user who posted the content fail to respond within 96 hours, we shall
remove the content; had he responded, we shall inspect his response and
should any material questions of fact or law arise, we shall forward his
personal information to you.
Fees and Payment
- We charge our
fees through your Apple account; Apple can offer refunds solely according
to its policies. Our subscription is monthly or yearly recurring, and you
may terminate it at any time. We may offer other payment options.
- We provide you with a
limited, non-sublicensable, temporary, license
to use our software. You may not provide any person with a copy of our
software, nor may you reverse-engineer, decompile, circumvent or otherwise
attempt to make our software’s source code or features available. You may
not attempt to obtain Premium functionality without a Premium account. We
may revoke your license at any time and for any reason.
- You are not
required under law to provide us with any information. However, if you do
not provide us with such information we will not be able to provide you
with the services.
- What Personally Identifiable
Information Do We Retain? We collect some raw information which may be
considered as personally identifiable, which is technical information
about your device, such as your IP address, your operating system and
other technical information. Moreover, when you register, we may retain
the information you provided us at registration, including your name,
photo and email address.
- What Non-Personally Identifiable
Information Do We Retain? We also process information about your use
of the services, the number of likes people provided to each photo, the
comments and other aggregate information which may not be reidentified.
- How Do We Process This Information?
We use the information to provide you with the services and to improve the
services. These are the only two purposes which the information is used
- Who Are The
Third Parties Who Have Access To This Information? We provide access
to our employees, who are under strict confidentiality obligations, and to
several third parties who provide us with services. We use the following third
party services: (i) Apple Analytics; (ii)
Facebook Analytics; (iii) Crashlytics; (iv) Mixpanel; (v) OneSignal;
(vi) Branch. We may also use the following services to process images or
provide you parts of the services: (i) CamerAI; (ii) Unsplash;
- Can We Contact You With
Promotional Offers? Yes. We may use the information you provided us,
including your email address and phone numbers to provide you with
promotional offers and newsletters. We may also contact you if we believe
your account was compromised.
- Can You Review or Remove Your
Information? Yes. You can always review your information using our
software and panel. You can also request to delete all relevant information.
- Compliance With
Law Authorities. We comply with competent and authorized law
authorities and shall provide them with information should we receive a
- We supply the
service on an “as-is” and “as-available” basis. Your use of service is at
your own risk and under your liability. We make no warranty that (i) the service will meet your requirements and (ii)
the service will be uninterrupted, timely, secure, or error-free and (iii)
the results that may be obtained from the use of the service will be
accurate or reliable and (iv) the quality of any products, services,
information, or other material purchased or obtained by You through
Service will meet your expectations, or (v) any errors in the Service will
- For no case and
for no reason shall we be held liable for any damage, direct or indirect,
consequential, exemplary, physical or special, to you, any other user or
any third party due to its misperformance of
duties herein. We provide Service on an AS-IS basis and shall not be held
liable, to the extent permitted by law, by any case of misconduct,
negligence, gross negligence, malice or any other mean, to any damages or
loss of property, including loss of your funds, damages to virtual
property, reputation and business reputation, user account information
including login information, loss of profit, loss of good name, all
resulting from the use or inability to use services. Our liability for
direct damages shall be limited to the fees that you actually paid us
during the thirty days prior to the event causing the damage.
- You hereby warrant and
agree to hold us harmless and to indemnify us for any damage, loss,
expense, legal expense or cost incurred as a result of your use of the
services in direct violation of these terms of service, including any
- We provide limited support
during regular business hours. Support is provided by email and via UserVoice. We may use other support services from time
to time. We cannot guarantee the response time for support, but we may
provide service according to our own discretion, which might mean that
paying customers shall receive faster response times.
- We shall have the
right to terminate your use of the service or to terminate the service at
any time and by providing a 30 day prior notice.
we may terminate your use of the service at any time and without prior
written notice in any case where you breached these terms and such breach
may cause us irreparable harm.
- We might disable the
service from time to time for scheduled backups, maintenance or upgrades.
In some extreme cases, where urgent maintenance is required, we may
disable the service immediately and without notice.
- We may amend these terms
from time to time, provided that you shall be informed through electronic
communication on such amendment and shall be granted to option to
terminate your agreements with us by providing a 30 days prior written
Laws, Jurisdiction, No Class Action
- The laws of the state of
Israel shall exclusively govern these terms of service. Any dispute you
may raise against us must be brought solely in the competent courts of the
Tel-Aviv district. You undertake to initiate only suits on your behalf and
not to file any class action lawsuit against us.