PLEASE READ CAREFULLY BEFORE USING THIS SITE OR APPLICATION. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
Bazaart Ltd., an Israeli company with offices at 7 Haeshel st, Nesher ("Bazaart" or "us", "our", "we") provides a mobile application which provides a social collage maker ("Application", "Website" and the "Service" respectively. These Terms of Service ("Terms") govern your access and use of the Service. "You" or "Your" means a user of the Service.
You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and Conditions ("Terms") and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.
You may use our Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms.
Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.
Persons using this application assume full responsibility for the use of the Service and agree that Bazaart is not responsible or liable for any claim, loss, or damage arising from the use of the Services. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You acknowledge that any collage which you create on the Application shall become public and may be viewed by other users. You agree that we may automatically upgrade the Services, and these Terms will apply to such upgrades.
To create an account, you must provide us with your name, surname, e-mail address and select a password. You may not provide false information during the registration process.
You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms.
Bazaart will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Bazaart harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.
Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Services through any wireless or other communication service.
You grant Bazaart and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative collage and distribute the collages which you create on our Application. Nothing in these Terms shall restrict other legal rights we may have to your collages.
If you share information on the service in a way that infringes others' rights, including privacy rights, you're breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn't violate any law. We may remove your information from the Service at any time if you breach these Terms.
You agree that Bazaart may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Bazaart, or (v) behavior that violates moral rights and/or the privacy of other users or third parties.
If Bazaart believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Bazaart account at any time and for any reason by sending an email to email@example.com Any suspension, termination, or cancellation shall not affect your obligations to Bazaart and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
All elements comprising the Application and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Bazaart or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of Bazaart unless otherwise stated and may not be used without the express written consent of Bazzart. All rights not expressly granted herein are reserved to Bazaart, its affiliates and its licensors.
The policy of Bazaart is not to infringe or violate the intellectual property rights or other rights of any third party, and Bazaart will remove material appearing on the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Bazaart will remove any Content if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Bazaart is to terminate the accounts of repeat infringers in appropriate circumstances.
If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting Mr. Stas Goferman, Bazaart Ltd., 7 Haeshel st., Nesher, Israel, email: firstname.lastname@example.org.
Bazaart accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user's use of such Content. Bazaart reserves the right to remove any Content without prior notice to you, any other user, or any third party.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service, including without limitation content which contains, transmits or distributes any viruses, worms or other malicious software or functionality; (b) solicits another person's password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Bazaart or any other third parties' intellectual property, moral rights, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) is defamatory, libelous, nudity, pornographic, obscene, racist or otherwise offensive content; (g) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.
The software and technology underlying the Application is the property of Bazaart, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Application and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user's account or password without permission.
Bazaart shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service nor shall we be responsible for any loss of collages during or after their creation. Bazaart will not be liable to you as a result of temporary service interruptions. You acknowledge that Bazaart may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event you will not be able to access the collages you have created and saved on the Service.
Your use of the Service is at your sole discretion and risk. The Service are provided on an "AS IS" and AS AVAILABLE basis without warranties of any kind from Bazaart. BAZAART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service and to the goods or services made available through the Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BAZAART DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service.
BAZAART IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update content information at any time without prior notice.
Bazaart assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Bazaart is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person's mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Bazaart be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL BAZAART OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Application OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BAZAART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL BAZAART'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO BAZAART FOR USE OF THE Application. IF YOU HAVE NOT MADE ANY PAYMENTS TO BAZAART FOR THE USE OF THE SERVICE, THEN BAZAART SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Bazaart and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, moral, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
The failure of Bazaart to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and Bazaart shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service. email to Bazaart, at email@example.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email.
These Terms shall be interpreted in accordance with the laws of the State of Israel. Customer agrees that any legal or equitable action of whatever nature by or against Bazaart arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Tel-Aviv-Yafo, Israel.
Updated: January 2016