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 !!