Terms of Use

General

The terms below define the terms of use of the current [alpha] version of the proprietary stock photography image platform ("​Platform​") of Imaginee Pte. Ltd. ("​Imagol"​ ), which shall be available to users by means of this Site; such Platform enables photographers to create a profile, upload their photographic images (each, a "​Photo​"), create galleries and showcase their Photos in a virtual portfolio.
By your registration to the Imagol services and/or by virtue of your use of the Platform, you agree and confirm that you are legally competent to enter into an agreement with Imagol, that the terms of this document apply to you and obligate you, and that they are enforceable by Imagol; Imagol shall not bear liability for anything deriving from your failure to comply with these terms. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Imagol may change these Terms of Use from time to time. Your continued access or use of this Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Imagol.com to view the then-current terms. If you breach any of the Term of Use, your license to access or use this Site shall automatically terminate.

Registration

By registering a Photo with Imagol through the Platform, you agree to allow Imagol, on your behalf, to (1) announce publicly that you are the author of the Photo, (2) uniquely identify the Photo through digital methods of identification that may consist of hashing or other digital forensic technologies, and (3) create the right to title and date the Photo and to amend or change the title of the Photo.

Terms of User Access

Imagol has the right to authorize and/or to prevent you from accessing the Platform, at any time, in its sole discretion, without prior notice or liability to you.
In order to access the Platform you must conduct the registration process via email confirmation; in order for you to have the ability to connect and to manage the use of the Platform. At the time of opening the account you must fill out personal details, that are true and correct, in order to enable all of the communication between you and Imagol; Imagol is not liable for problems relating to your account including the security of your information; in the event that there is suspicious activity in your account, including an invasion of your privacy and use of your information, you are obligated to notify Imagol of such activity; in the event that damage or loss of any kind is caused due to your failure to comply with these conditions, or due to any prohibited use of your account and your personal details, which results in the inappropriate use of your account, Imagol is not liable for any damage, including any non-physical damage.
The only means by which Imagol will make contact with you is by means of the email address that you used when you registered for the service; the sending of notices to such email address shall constitute delivery of notices, and you shall not have any claim against Imagol in respect of a failure to provide notice through other means.

Sale of Photos

Under the current alpha version of our Platform, photographers can only upload and register their photo for view only; no commerce related feature will be supported in this version.

Intellectual Property; Limited License to Users

Subject to your compliance with these Terms of Use, and the law, you may access and use the Site. Imagol remains the sole owner of all right, title and interest in the Site and Platform and reserves all rights not expressly granted under these Terms of Use. Imagol may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Imagol's sole discretion.
All content on this Site (other than Photos uploaded by users) constitutes Imagol Content. The Imagol Content, as well as the selection and arrangement of the Imagol Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Imagol Content violates such laws and these Terms of Use. Except as expressly provided herein, Imagol does not grant any express or implied permission to use the Site or any Imagol Content.
You undertake not to copy, to distribute, to present or to publicly demonstrate, to replicate, to market, to sell, to lease, to modify, download, transmit, adapt, to change the design and/or the graphic interface of the Imagol Content, to produce derivative products or to make any commercial use whatsoever of the Imagol Content and/or any part thereof, whether by you or by means of or together with a third party, in any way or means whether electronic, mechanical, optical or by any other means or manner. If and to the extent such an approval is given, you must refrain from removing, deleting or interfering with any notice or marking appearing anywhere in connection with the Imagol Content with respect to intellectual property rights, such as copyrights ©, or trademarks®, or watermarks accompanying any content that is used by you.
Without derogating from the generality of the aforesaid, you are not entitled: (1) to copy, change, modify, translate, perform any acts of reverse engineering or to disassemble any portion of the information included in the Site or Platform, in any manner, or to publicly demonstrate or publicly execute any portion of the information included in the Site or Platform, or to distribute it; (2) to make any use of information on any other website or in any other computer network environment for any purpose, or to reproduce or copy the information of Imagol or the Site without receiving the prior written consent of Imagol; (3) to produce a browser or other information framing environment around the information of Imagol (it is prohibited to present the information by way of framing and/or by a link from within the text); (4) to infringe or breach the privacy rights or any other right of any user on the Site, or to harvest or collect identifying and personal information about users of the services without their express consent, including by making use of a "robot", "spider", application to perform searches on the Site or to retrieve information from the Site or by means of installing manually or automatically, or by means of a process that enables retrieval, production of an index or data mining; (5) to publish libel, defame, abuse, harass, stalk, threaten or in any other manner violate the legal rights of others, or to include illegal content, slanderous content, abominable language, dishonest content or content that is indecent or content that is illegal for any other reason, in the content that is transmitted by you; (6) to impersonate any other person or entity, including, as a messenger, representative or agent of Imagol; to misrepresent, or to present in any other incorrect manner your relationship with any other person or entity; (7) to transfer or to produce in any other manner, in connection with the services, any computer virus, "worm", Trojan horse, time bomb, bug, spyware, or any computer code, file or other program, that is likely to damage, or is intended to damage or to take over the operation of any hardware, software or communication equipment, or code or component, which are damaging, or have the potential of causing damage, which are interruptive or are intrusive; (8) to damage the operation of the website by means of which the services are provided or to interrupt it, or to damage the operation or interrupt the operation of servers or networks that host such website or which enable its availability, or not to comply with any demand, procedure, policy or regulation of these servers or networks; (9) to sell, to grant a license, or to exploit for any commercial purpose any use or access to Imagol Content or the entirety of the services; (10) to frame or mirror any portion of this Site, without the express prior written consent of Imagol; (11) to create a database by methodically downloading and storing all or a portion of the information that is included in the services; (12) to transfer any information that is derived from the provided services without the prior express written consent of Imagol; (13) to transfer or assign your password, temporarily or permanently, to a third party; and (14) to use the services for any illegal, immoral or unauthorized purpose.
Your failure to comply with the provisions detailed in these Terms of Use is likely to cause the termination of your access to the Platform and is likely to expose you to civil and/or criminal liability; without derogating from the aforesaid above, and the provisions of any law, you undertake to indemnify and compensate Imagol or anyone on its behalf, in any event in which you breach these Terms of Use, or you act in connection with the services in violation of the provisions of any law and/or a lawsuit is filed against Imagol by any third party as the result of an action that you performed in violation of these Terms of Use; such indemnification and/or compensation shall cover any expense, payment, loss, loss of profits or any other damage, direct or indirect, financial or otherwise, that shall be caused to Imagol or anyone on its behalf.

Information You Provide

Imagol may collect information related to your use of the Site. Imagol's collection and use of all such information shall at all times comply with these Terms of Use, the Imagol Privacy Policy, and applicable law. Imagol will use and protect your personal information, such as your name and address, in accordance with Imagol's Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

Your Photos

For any Photo that you upload or post to the Site ("Your Photos"), you represent and warrant that: (i) you have all required rights to submit Your Photos to the Site and offer them for direct sale to other users; (ii) Your Photos do not infringe any third party's rights, including intellectual property rights and privacy rights; (iii) Imagol will not be required to obtain licenses from any third party or pay royalties to any third party with respect to Your Photos; and (iv) Your Photos comply with these Terms of Use and all applicable laws.
By uploading Your Photos, you grant Imagol a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through any media), and make derivative works from Your Photos for the purpose of allowing you to edit and display Your Photos using the Site and archiving or preserving Your Photos for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Photos from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. You may not upload, post, or transmit any Photo or other content that:

  • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
  • Exploits minors;
  • Contains any defamatory, pornographic, or otherwise immoral or unlawful content;
  • Depicts unlawful or violent acts;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
  • Depicts cruelty or violence towards animals; or
  • Violates any treaty, law, statute or regulation.

If you are not the photographer that uploaded a particular Photo to the Site, you may not use such Photo without first obtaining a license to use such Photo directly from the photographer that uploaded the Photo. The use of any Photo by you shall be governed by the applicable license agreement separately entered into between you and the relevant photographer. Displaying and/or distributing to the public any watermarked or unlicensed Photo (whether incorporated into a derivative work or alone) constitutes copyright infringement.
If you believe that any Photo or other material made available on the Platform infringes upon any copyright that you own or control, you should immediately notify Imagol.

Additional Terms Relating to the Services

The services offered by Imagol may be changed and amended from time to time; Imagol reserves the right to remove certain services or to add certain services within the framework of the entirety of the services it provides, in its sole discretion; a portion of the services may include additional and unique terms of use, and to the extent that additional terms are presented to you within the framework of the use of the services, these additional terms shall be deemed for all intents and purposes as an integral and inseparable part of these Terms of Use.

Term of Agreement and Cancellation of Agreement

These Terms of Use serve as a binding agreement valid from the date of use of the services and until it shall be cancelled at the request of one of the parties. In the event that you request to cancel the Agreement, you must notify us of your desire to cancel the Agreement to the following email address: ​support@Imagol.com​; in this event, the cancellation shall enter into effect after Imagol shall send you a confirmation, within a reasonable time, of receipt of the cancellation notice.

Disclaimers

Your use of this Site is at your own risk. The Site is provided by Imagol under these Terms of Use "as is" without warranty of any kind, whether express, implied, statutory or otherwise. Imagol expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not litmied to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Imagol makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will not be interrupted; or (iii) errors or defects in the Site will be corrected.
Imagol makes no representations or warranties that the Site will be permitted in your jurisdiction, that any Photos submitted by you will be available through the Site or will be stored by the Site or that Imagol will continue to support the various features of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

Indemnification and Compensation

You hereby undertake to indemnify and compensate Imagol or anyone on its behalf, in respect of any damage, expense or loss, direct or indirect, including legal expenses and attorney fees, that shall be caused to it in relation to a breach by you of any provision of these Terms of Use, or performance of any other act in violation of law in relation to the services.

Jurisdiction and Governing Law

Exclusive jurisdiction to resolve any dispute and/or disagreement relating to the services, Imagol and/or the Terms of Use, shall be before the competent courts in Tel Aviv-Jaffa, Israel; the law that shall govern any such dispute or disagreement in connection with the services shall be the laws of the State of Israel only.

Contacting Imagol

Imagol does not undertake to provide telephone service to users of its services; for any questions and/or requests relating to the services provided and the Terms of Use thereof, including the Privacy Policy, you may contact us at the following address: support@Imagol.com​.