Terms for the use of photos from the site picjew.com
1. The terms of use for photos, pictures and illustrations
found at the "picjew.com" site detail the privileges of usage and are
understood as consent of the (customer) buyer to use them.
2. The terms of use oblige the buyer of pictures personally,
as well as the company or office which is employing him and authorizes him to look
for them in the site for photos or illustrations.
3. Any deviation from the above terms shall be seen as
breach of copyrights and may cause a "Din Torah" or legal prosecution.
We hereby make it clear that all photos, pictures and drawings shown at the site
are for a fee only.
4. If any surfer in this site does not agree to any of
the above terms, he shall be strictly forbidden to use any pictures of this site,
including downloading of pictures for any use whatsoever, in any size or any way.
5. We hereby make it clear that "picjew.com"
serves as mediator only. The client purchases the photos from the photographer through
the site. The site shall not be held responsible and shall not compensate the buyer
in any case of violations of breach of copy-rights.
6. Use of pictures called "Royalty Free"
– which constitute the majority of pictures at this site:
You are allowed
to use the pictures, photos and illustrations you find
in this site for any field according to this license of usage. For example - the
buyer shall be entitled to publish the pictures acquired in this site for all printing
requirements in newspapers, for advertising, for the use as book covers and book
illustrations, for computerized graphical jobs or any printed jobs, or any illustration
for internet sites and these rights are granted without any time limitation.
The rights of using "Royalty
Free" pictures are granted to the buyer of the photos or drawings only, for
his personal and commercial use.
7. It is explicitly forbidden to sell these pictures
to someone else. For an example: you are not allowed to pass on these pictures to
another site in order to sell them there, or use the picture itself as a poster
or any product for free sale – without getting beforehand a written consent
by the management of this site.
8. Exclusivity
There is an option of getting
exclusivity for particular pictures for particular needs, and for a definite period
of time set in advance.
9. Designation of usage of a picture or drawing
If there should be in the tax
invoice no explicitly written special terms for the use of the photo or drawing,
the client bought, we hereby make it clear, that the purchased rights are for the
final use of the client only (the date of the start is the date the clients uses
the picture for the first time) without exclusivity.
10. "picjew" is a representative
of the photographer or the artist and not of the subject of the photography. The
sale of the privilege to publish a photo does not include the privilege to publish
famous people like politicians etc. without getting a written consent for the persons
beforehand.
i.e. The privilege to use the picture of private
persons is in no means included in the sale of the photo but is stipulated by the
consent of the persons shown in the picture to the use of their image for the definite
use the purchaser of the picture intends to use it for.
The purchaser of the picture is obligated
to obtain a written consent from the persons or from their authorized representative
to publish it, separately to the purchase of the picture itself.
The above said extends also to the use for
publication of well-known and illustrious property of private owners. This limitation
applies also to the use of artistic objects (paintings, sculptures etc.) for commercial
advertising without getting a written consent beforehand.
If the site "picjew" by
mistake gave the right to publish for a picture showing any private person, it's financial
responsibility shall be limited to the refund of the money paid as stated in the
tax bill.
In case of doubt as to this paragraph, please
get in touch with the administration of this site prior to any use of this photo.
11. The privileges of usage of the pictures
The privileges of usage of the
pictures are granted to the purchaser of this picture in person only, or to the
company which employs him and which authorized him to act on its behalf. If
the rights of publication were purchased by the client for a third party ("client
of a client") then all privileges and all limitations shall indeed apply also
for the final user and the initial client of "picjew" is
obligated to notify his client about all limitations and privileges of usage. Any
responsibility about the transfer of the message about all limitations and privileges
of usage to the final client lies on the initial client ( publications like the
graphic artist, news-paper, advertising office etc.) and all obligations as to any
deviation from the purchased privileges of use are the responsibility of the initial
client only.
It is strictly forbidden to transfer the
advertising rights of a purchased picture, which were not defined to any other party
other the one defined in writing in the tax bill and it is also forbidden to sell
any original picture from this site (or copies from it) commercially to a third
party.
If any user acquires any picture for a third
party – we hereby clarify that the privileges of usage belong to this third
party, the pictures were acquired for.
The final client, the owner of the privilege
of usage is obliged to ask for an original bill and receipt in order to guard his
rights.
12. Prohibition to use for morally or public harmful
purposes
It is expressively forbidden to use
the pictures for any purpose that might offend any part of the public, any ethnic
group, or usage opposing moral ethics or any use that might put the photographed
person in a ridiculous light, or embarrass him or show him in a negative way.
13. Stipulations of the use of the pictures after
paying a fee only
The use of the pictures is stipulated
by paying the full fee written on the bill, on payment at the stated date. Abstaining
for the full payment or not fulfilling the payment till the specific time shall
be seen as a basic violation of the agreement of selling privileges of publication.
14. Usage against the rules
In any case of non authorized usage of a picture, i.e. not according to the above
stated conditions of usage, or deviation from the privileges of usage sold to the
client, shall the client be obliged to compensate the site of "picjew"
with sums ranging from NIS 500 to NIS 2000 per picture,
The administration of "picjew"
preserves to themselves the right to sue the user for any further sum, as to their
alone discretion in case of special circumstances.
Furthermore obliges himself the buyer to
bear on him all legal expenses that might occur to the administration of "picjew"
following non authorized usage and /or legal claims springing from the usage of
the buyer with the photos and drawings as mentioned above.
The buyer shall recompense the administration
of "picjew" in full for any straight legal claim and /or by a third
party, without any limitation of sums, in any legal claim for compensation by any
factor following expenses for any court of justice, fines, or damage or any other
expense which was caused or might be caused cause of non abiding of the limitations
of usage as written in the agreement by the buyer or keeping the conditions
set here.
15. Annulment of the user's fee
There is no possibility to annul the user's
fee after the buyer downloaded any picture to his computer since this is a violation
of copyrights of the photographer.
There is no possibility to get a financial
compensation for pictures downloaded to the buyer's computer.
15. Picture showing the face of a person.
You shall be entitled to use
the picture on the following conditions:
In a digital format for internet sites,
computer presentations, multi-media presentations, non advertising movies, video
broadcasting (not for advertising), cell phones, magazines, news-papers (with the
suffix: illustration photo, the person in the photo has none whatsoever connection
to the subject of the text), leaflets, writing paper.
It is strictly forbidden to use it
for the following purposes:
For advertising products, the cover of a
book, for politic usages, for non-legal purposes, for spreading hate or discrimination
or in order to besmirch people, or if this could make a malevolent name to the person
in the photo.
16. Editorial staff of newspapers, leaflets, journals,
local newspapers and each and every system of news publishing is strictly obliged
to give credits on the pictures and photography naming the photographer and the
site "picjew". Photographs by photographer Boruch Ya'ari for any purpose have to
be with written credits..
All legal claims by the person photographed,
if at "Din Torah" or legal court shall apply to the buyer of the photo
only !!