Terms Of Service

EFFECTIVE: January 1, 2021
IMPORTANT! READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND
PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE
"SERVICES") OF PIXMOLE TECHNOLOGIES, LTD. IS CONDITIONED UPON YOUR
COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY
BEFORE ACCEPTING.
BY CHECKING THE "I AGREE" BOX, ACCESSING YOUR PIXMOLE ONLINE ACCOUNT, OR
UTILIZING PIXMOLE'S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
THE PIXMOLE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY
ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.


1. The Service
1.1. PIXMOLE Technologies Ltd. (“PIXMOLE”) will provide the Photographer
(“Photographer” or “Client”) with ongoing service for detecting, documenting,
and acting upon unauthorized usage of the Photographer’s images that have been
provided beforehand to PIXMOLE.


2. PIXMOLE’s Statements
2.1. The Service is for detecting unauthorized use of the Client’s monitored images on
the Internet.
2.2. The Service is intended for detecting and acting upon Infringers within specific
territories in which PIXMOLE operates.
2.3. Specifically, PIXMOLE's roles are:
● Supporting the Client by uploading his or her images or allowing the Client to
upload his or her own images;
● Detecting usages of the Client’s monitored images;
● Analyzing the detected usages in order to decide if there have been possible
unauthorized usages by viable entities;
● Documenting all required details of such unauthorized usages;
● Handling the case in order to achieve recovery through a settlement , either
directly or with a legal partner.
2.4. Despite being an extremely advanced, effective, and field-proven solution, not all
usages of the Client's images will necessarily be detected.
2.5. The Service detects unauthorized usages only for images provided by the Client to
PIXMOLE in advance for monitoring.


3. Monitored Images
3.1. The Client will provide PIXMOLE with the images that he or she wishes to
monitor for unauthorized use.
3.2. The Client hereby declares that he or she is the full owner of the copyrights to all
images provided by the Client to PIXMOLE.
3.3. The Client agrees to provide proof of copyright ownership, licensing
information, copyright registration information, or any other relevant
information about the images handled upon PIXMOLE’s request for the
purposes of case evaluation and preparation.
3.4. The images to be monitored are to be provided to PIXMOLE via the Client's
online PIXMOLE account, sent over from a file transfer service, or uploaded
directly to PIXMOLE's cloud.
3.5. The images will be loaded onto the PIXMOLE platform and will be accessible
from the Internet for the purpose of enabling PIXMOLE to perform scans.
However, they will not be accessible to search engines. Accessing them will
require possession of their exact URL.
3.6. The images will remain on the PIXMOLE platform in order to enable ongoing
scans and detection of new unauthorized uses.
3.7. The Client may choose to remove the images from the PIXMOLE platform at
any time. PIXMOLE will remove the images within two weeks from the time
that a written notice is provided from the Client to PIXMOLE.


4. Legal Handling
4.1. The Client must approve a case for handling by PIXMOLE, which authorizes
PIXMOLE to act as the Client's representative in seeking a recovery from the
Infringer, either directly or through a legal partner.
4.2. The decision of whether a certain usage constitutes an infringement and whether
to handle the infringement are the responsibility of the Client. Before approving
any case for handling, the Client is responsible for checking the findings
provided by PIXMOLE, verifying that the Client is indeed the owner of the
copyrights for the said images, and verifying that no authorization has been
given for the use of said images to the alleged Infringer, either directly or
through a partner.
4.3. After Client approval, PIXMOLE will forward all information regarding the
unauthorized usage to the handling legal partner. PIXMOLE shall use its best
commercial efforts to achieve a settlement and maximize said settlement
amount.
4.4. The legal partner will, among other actions, send demand letters to the Infringer
and negotiate in order to reach a settlement.
4.5. If the legal partner suggests litigating a case, PIXMOLE will require the Client's
approval before filing a lawsuit on behalf of the Client. The Client must provide
approval in order to litigate a case.
4.6. For the avoidance of doubt, PIXMOLE is not a law firm and does not provide
any type of legal services on its own, but instead partners with law firms for
legal claims.
4.7. PIXMOLE facilitates the legal process but is not a side to any legal proceedings.
The legal partner that is assigned to the case shall represent the Client directly
and act upon PIXMOLE's instructions as the Client's representative.


5. Compensation
5.1. PIXMOLE’s commission covers all aspects of the service, including storage,
scanning, analysis, and legal fees.
5.2. PIXMOLE's commission does not cover certain expenses. These expenses can
include, but are not limited to:
● Currency conversion and money transfer fees;
● Postage and messenger costs;
● Court fees
PIXMOLE will notify the Client before such expenses are required.
These expenses are to be paid by the Client regardless of the outcome of a legal
case.
5.3. Recovery payments shall be collected by PIXMOLE. PIXMOLE will deduct any
unpaid fees and costs as set forth above from the total recovery amount to
calculate Net Recovery. PIXMOLE's commission shall be calculated out of the
Net Recovery. PIXMOLE shall remit payment to the Client when received for a
specific case within one calendar month of the end of the month in which
PIXMOLE receives payment for the recovery amount.
5.4. The Client will pay PIXMOLE a commission of 50%, plus all applicable taxes,
out of the Net Recovery payments received as a result of handling the
infringements detected by PIXMOLE.
5.5. In certain countries (specifically Germany), legal fees are paid directly by the
Infringer by law. In such cases where the Infringer has paid the legal fees,
PIXMOLE's commission will not cover legal fees and the commission shall be
30%.
5.6. In cases in which no money was recovered, the client will not pay any
commission to PIXMOLE.
5.7. The Client will inform PIXMOLE of any contact from the Infringer regarding a
case handled by PIXMOLE or of any settlement agreed upon directly with the
Infringer. In such case, PIXMOLE will be eligible for the commission as
mentioned above.
5.8. If for any reason payment is to be paid by the Infringer directly to the Client, the
Client will transfer to PIXMOLE its commission within 14 days of the Client
receiving payment from the Infringer. In case the payment is divided into
installments, the Client will transfer PIXMOLE's proportional fee for each
installment.


6. Data Privacy
6.1. Pixmole shall not pass along any of the Client’s images to any third party and
shall use them for no other purpose than for detecting their usages, analysis of
the results, and handling cases related directly to usages of the images.
6.2. PIXMOLE shall not pass any information to any third party regarding the
infringements being handled, settlements, or legal proceedings, unless given
explicit permission in writing by the Client. This commitment shall survive the
termination of this agreement.
6.3. The Client approves the transfer of all case-related information between
PIXMOLE and the legal partners representing the Client.


7. Termination
7.1. Each side may inform the other side of the termination of this agreement upon a
14-day written notice.
7.2. Upon termination, PIXMOLE will stop searching for additional unauthorized
uses of images.
7.3. Even after termination, the Client will continue to pay PIXMOLE its
commission for infringements detected prior to termination.
7.4. PIXMOLE reserves the right at any time to modify or discontinue, temporarily
or permanently, its services with or without notice. Client agrees that PIXMOLE
will not be liable to any party, including the Client or a third party, for
termination, suspension, or adaptation of its services.

 

Yarok - Ruppin Campus, POB 716, Kfar Monash, 4287500, Israel

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