Pixplit Technologies, Ltd - Terms of Use

This Terms of Use (“Terms”) is a legal agreement between You, either an individual or a single entity (“You" or “User”) and Pixplit Technologies Ltd. (hereinafter, the "Company”, "We") governing Your use of the Company's application, and any associated documentation (“Application”), and Your access and/or use of the website, available at www.pixplit.com ("Website"), as well as Your use of any of the Company's services which are rendered through the Application ("Services").

The Application provides users access to a social network where they can create, publish and share, together with their Followers (as such term is defined bellow) and other users of the Application and/or Services, images and photo collages in a single frame ("Split(s)"). The Splits may be created by either creating a new Frame (as defined below), or otherwise joining their own photo into an existing uncompleted Split (a "Photo"). A "Frame" is a frame split into a number of parts as selected by the User.

Our Website provides useful information about the Application and Services We offer, and also contains a link for downloading the Application.

IMPORTANT: BY DOWNLOADING AND/OR INSTALLING THIS APPLICATION AND/OR BY USING THE WEBSITE AND/OR ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THESE TERMS - YOU ARE NOT ALLOWED TO USE THE APPLICATION AND/OR THE WEBSITE AND/OR ANY OF THE SERVICES, AND ARE OBLIGED TO UNINSTALL AND ERASE THE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY.

1. Using the Application. You may choose to follow any other users of the Application (a "Follower(s)"), view users Splits, join a Photo to such Splits (if not already completed), comment on and/or "like" any of the Splits. An uncompleted Split shall be available for completion by other users of the Application and would also appear on the "Playground" page of the Followers of all of the users who participated in the creation of such Split. Users who participated in the completion of a Split will receive a notification anytime an additional user joins the Split ("Push Notifications"). The users may control the manner which they receive such Push Notifications. Each of the participant of the Split may remove her/his Photo from the Split, which will result in removing any ancestor of such Split, and will eventually bring the Split back to the situation it was before she/he has joined the Split. Once completed, the Split shall be available to all users of the Application, by viewing the profile page of the user who completed the Split. You may choose to cease from following any user by clicking on the applicable button next to such user's name.

Users may choose to share Splits available to them via Facebook, Twitter or email with any third party, whether such party is a user of the Application or otherwise. You hereby acknowledge and agree that all pictures, Splits and/or any other User Generated Content (as such term is defined below) published by You on the Application may be available for the viewing, completion and/or comments of all users of the Application and may be viewed along with Your name and profile photo by any other third party, whether such party is a user of the Application or otherwise. We urge You to use careful consideration before publishing any Photo and/or any other User Generated Content through the Application.

2. Grant of License. Subject to the limitations and restrictions provided in these Terms, Company grants You a limited, non-exclusive, non-sub licensable, non-transferable, worldwide license, to use the Website and to install and use the Application on an iOS product that You own or control ("Mobile Device") all in accordance with the terms and conditions set forth under these Terms and as permitted by the Usage Rules set forth in the App Store Terms of Service, for the sole purpose of enabling You to use the Services. If You constitute a commercial enterprise or educational institution, You may use the Application and/or any of the Services by either (a) a single individual on one or more Mobile Devices used by that individual that You own or control or (b) multiple individuals, on a single shared Mobile Device You own or control. For example, a single employee may use the Application and/or Services on both the employee's Mobile Device. For the avoidance of doubt, it is hereby made clear that these Terms do not convey to You any interest in or title to the Application, Website, Frames, or any of the Services, but only limited rights to use the Application, Website, Frames and Services solely in accordance with these Terms.

3. License Restrictions and Limitations. You may not, and may not permit or aid others to: (a) use the application if You are not at least 13 years of age or older. If You are 13 or older but under the age of 18, You should review these Terms with Your parent or guardian to make sure that You and Your parent or guardian understand it; (b) copy, reproduce, distribute, or use the Application, Website, Frames, other users' Photos and/or Services except as expressly authorized under these Terms; (c) rent, lease, lend or loan any part of the Application, Website, Frames, Splits, other users' Photos, and/or Services, or allow access to the Application, Website and/or Services in any manner to provide any services to third parties; (d) decompile, disassemble, reverse engineer, modify, translate, convert or apply any procedure or process to the Application, Website and/or Service in order to ascertain, derive, and/or appropriate for any reason or purpose; (e) modify and/or create a derivative work of any part of the Application, Website, Frames, other users' Photos, and/or Services; (f) violate the right to privacy of any third party without the express prior consent of such third party; (g) infringe any proprietary rights or intellectual property rights of Company or any third parties, including without limitation copyrights, trademarks, designs, patents and trade secrets, whether such intellectual property is registered or not; (h) defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise violate the legal rights of others; (i) transmit or otherwise make available through or in connection with the Application, Website and/or Services any computer code that is malicious by nature, and which may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (j) transmit or otherwise make available through or in connection with the Application, Website and/or Services any unsolicited mail (SPAM); (k) violate or infringe any other rights of Company or any third party; (l) conduct any unlawful activity through the use of the Application, Website and/or Services; or (m) Download or use the Application in case User is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and/or listed on any U.S. Government list of prohibited or restricted parties. Your failure to comply with the provisions set forth herein may expose You to civil and/or criminal liability. In the event that as a result of breach of Your liabilities under subclause (g) herein, an intellectual property infringement claim shall be brought against Us and/or any third party, including, but not limited to, Apple, We, not Apple, will be responsible, at Your own expense, for the investigation, defense, settlement, and discharge of any such claim.

4. Privacy. Company respects Your privacy and is committed to protect the information You share with it. The Company believes that You have a right to know the Company's practices regarding the information the Company collects when You use the Website and/or Application. Below You will find a detailed list of the information the Company collects, how the Company intend to use it and for which purposes:

What information do the Company collect?

Two types:
Non identifiable and anonymous information which consists of technical information and behavioral information, such as:

  • General usage patterns; and
  • User's operating system, screen resolution etc.

  • ("Non Personal Information")

Individually identifiable information which consists of any personal details provided voluntarily by You to Company, either directly or through the Application and/or Website, such as:

  • Information derived from Your Facebook account (e.g. profile picture, name, etc.), and is available under Your public Facebook profile if applicable ("Facebook Information");
  • Information derived from Your email account (e.g. profile picture, name, username etc.) ("Email Information")
  • Information contained in User Generated Content published by You, including the Photos which You join to the Splits, if any;
  • Information with regards to Users' Splits, such as: the Split which the User is participating in, likes, comments on, etc.
  • Different settings defined by the User such as the Push Notification settings

  • ("Personal Information").

For the sake of clarification, any Non-personal Information combined with Personal Information shall be regarded as Personal information.

For which purposes do the Company collects Non-Personal information?

  • To learn about general trends of usage of the Application, Website and Services, and enhance Your experience on the Application and Website (e.g. the Company determines which part of the Application and Website draws more traffic and improve such services areas on the Application and Website); and
  • statistical purposes.

Personal Information is collected in order to:

  • Enable the use of certain services provided through the Application.

Sharing the information with third parties:

OTHER THAN YOUR USER GENERATED CONTENT, WHICH WILL BE SHARED SUBJECT TO THE RESTRICTIONS AND LIMITATIONS SET FORTH UNDER THESE TERMS, WE WILL NOT SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTY, EXCEPT FOR THE FOLLOWING CASES: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce these Terms, including investigation of potential violations of such the terms of these Terms, either by Us or Apple; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to user's support requests; (e) to respond to claims that any content violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, email address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Company, its users, or the general public; (h) when Company is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Company; and (i) pursuant to Your explicit approval, in order to supply certain Services You have requested from Company.

You hereby acknowledge and agree that the Application ,Website and Services may collect and process Personal and Non-Personal Information in accordance with this Section 4. If You have any questions or concerns with regard to privacy issues, please contact Us through the following address: support@pixplit.com. For the avoidance of doubt, if You do not agree with this Privacy Policy You are not allowed to use the Application, Website and/or any of the Services.

5. User Generated Content. The Application , Website and Services may allow You to upload Your own user generated content (e.g. Photos, Splits, comments, likes etc.) ("User Generated Content"), and to share it with other users. The upload of the User Generated Content does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with certain licenses and rights as detailed hereafter. You hereby acknowledge and agree that since the Splits are created by multiple Users then such users may also have rights in such Splits according to their respective contribution. You understand and agree that You are solely responsible for any User Generated Content uploaded by You and the consequences of uploading or otherwise using such User Generated Content. You represent and warrant that You have (and will continue to have during Your use of the Application) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable User Generated Content for the purposes of the provision of the Services, and/or otherwise to use the User Generated Content in the manner contemplated by these Terms. You agree that You will not upload any User Generated Content which contains material which may be considered, in any manner as: (i) libelous or defamatory; (ii) inappropriate, offensive, obscene, vulgar, rude, objectionable, repulsive, malicious or harmful to any person or entity; (iii) discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age; (iv) or in poor taste and/or degrading of other users and/or unlawful for You to possess, post or upload, under any jurisdiction, or which it would be unlawful for the Company to use or possess in connection with the provision of the Services. The Company explicitly reserves the right, but not the obligation, to remove the User Generated Content without prior notice, at its sole discretion. In addition, Company may remove the Split upon user's request, including upon the request of one of the users who participated in a Split as mentioned above. When You upload User Generated Content to the Application and/or Website, You grant to the Company and any party on its behalf an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, prepare derivative works of, display, make available to the public and perform to the public that User Generated Content.

6. Account and Security. In order to become a registered user of the Application, Website and/or Services You must first provide us with either Your Facebook profile name or email address and password. The details You voluntarily provide Us shall be kept in confidence, in accordance with the provisions this of section 6.

In addition, in order to fully benefit from certain features of the Application and Services (such as finding other Facebook friends who use the Application), Users must allow Us to access their Facebook profile and retrieve all available public information from it.

By allowing Us to access Your Facebook profile, You grant Us, and any other party which is using the Application and/or Services, the right to use any public information derived from Your Facebook profile, all in connection with the Your use of the Application and/or Services as pursuant to the provisions of this Terms.

You are solely and fully responsible for all activities that occur under use of Your User's Account or under Your name as a User. We cannot and will not be liable for any loss or damage arising from (i) Your failure to comply with these Terms; (ii) any breach of security; (iii) any activity under Your User's Account conducted by others on Your behalf and/or under Your supervision, whether or not Company was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of Company or others due to any such use.

If You would like to close Your User's Account and discontinue using the Application and/or Services You may contact Our support services at at support@pixplit.com . We may assist You in closing Your User's Account as long as You are acting in good faith and are committed to meet any of Your pending obligations. 

7. Intellectual Property Rights. You acknowledge and agree that the Application, Website, Frames and Services are proprietary products of the Company, or licensed to Company, protected under national and international intellectual property laws. You further acknowledge and agree that any and all right, title, and interest in and to the Application, Website, and Services, including associated intellectual property rights, including without limitation any patents, patent applications, copyrighted material and trade secrets, and all copies, revisions, modifications, updates and/or upgrades thereto, including all derivative works thereof, whether made by the Company, You or on behalf of Company or You, are and shall remain the sole and exclusive property of the Company. You further acknowledge and agree that the proprietary rights in and to the Splits may be owned by multiple users, as explained in Section 5 above.

8. Trademarks and trade names. “PIXPLIT” and any other trademarks and trade names used by Company in connection with the Application, Website and/or any of the Services are all trademarks and/or trade names of the Company, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names. Note that trademarks, tradenames, marks and/or brand names of unaffiliated third parties may be displayed in the Application, Website and/or Services, and that such are the property of their respective owners.

9. Term and Termination. These Terms is effective upon the installation of the Application and/or the entrance to the Website and/or the use of any of the Services, and shall remain in full force and effect until You uninstall the Application, and/or notify Us that You would like to cease from using any and all of the Services offered through this Application. Without prejudice to any other rights, the Company may terminate these Terms upon the breach of any term hereof by You or on Your behalf. Upon such termination by the Company, You agree to immediately uninstall or delete the Application from Your Mobile Device.

10. DISCLAIMER OF WARRANTIES. THE APPLICATION, WEBSITE AND/OR SERVICES ARE PROVIDED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE USE OF THE APPLICATION, WEBSITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APPLICATION, THE WEBSITE AND/OR SERVICES, IN WHOLE OR IN PART, AT ANY TIME. FOR THE AVOIDANCE OF DOUBT, APPLE HAS NO OBLIGATIONS WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION AND/OR SERVICES.

WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE APPLICATION, WEBSITE AND/OR SERVICES OR OTHER CONTENT PROVIDED THROUGH IT, INCLUDING, BUT NOT LIMITED TO, USER GENERATED CONTENT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APPLICATION, WEBSITE AND/OR SERVICES.

WE DO NOT WARRANT NOR GUARANTEE THAT ANY CONTENT PROVIDED THROUGH THE APPLICATION, WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USER GENERATED CONTENT, AND ASSUME NO LIABILITY, WITH RESPECT TO SUCH CONTENT, FOR EXAMPLE, WE DO NOT WARRANT NOR GUARANTEE THAT PHOTOS PUBLISHED THROUGH THE APPLICATION BY USERS WILL BE APPROPRIATE, NOR DO WARRANT NOR GUARANTEE THAT SPLITS PUBLISHED OR JOINED BY YOU THROUGH THE APPLICATION WILL BE COMPLETED OR USED BY OTHER USERS IN A LAWFUL, APPROPRIATE AND RESPECTFUL MANNAR.

LIMITATION OF LIABILITY. THE USE OF THE APPLICATION, WEBSITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE APPLICATION, WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE APPLICATION ON YOUR RESPECTIVE MOBILE DEVICE, THE USE OF THE APPLICATION, WEBSITE AND/OR THE SERVICES, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application, Website and/or Services; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any proprietary or intellectual property right and/or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application, Website and/or Services. This indemnification obligation will survive these Terms.

12. Third Parties. The Application, Website and Services use information, materials and components received from third parties. Because Company has no control over any of the activity of any of the third party, You acknowledge and agree that Company is not responsible for the availability or suitability, of any of the information, materials and/or components provided by such third parties, does not endorse and is not responsible or liable for any information, materials and/or components received from such third parties and/or provided and/or presented and/or displayed. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information and/or materials provided by such third parties. Notwithstanding the forgoing, You hereby represent and warrant to comply with applicable third party terms of agreement when using the Application.

13. Third Party Beneficiary. You hereby acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms, and that upon Your acceptance of the terms and conditions of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.

14. Governing Law and Jurisdiction. These Terms shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules. The competent courts of Tel-Aviv-Jaffa, Israel, shall have sole and exclusive jurisdiction over any dispute under these Terms or otherwise related to the Application, Website and/or Services.

15. Copyright Agent. We respect the intellectual property rights of others. If You believe that any content displayed through the Application and/or the Services is infringing Your rights, including, but not limited to, if You believe that content relating to any of Your User Generated Content have been copied in a way that constitutes copyright infringement, please provide the following information in writing to Pixplit's Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that You claim has been infringed; (iii) A description of the material that You claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Pixplit to locate the material; (iv) Information so that We can contact You, such as address, telephone number and e-mail address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Pixplit's Copyright Agent can be reached at the following address copyright@pixplit.com

16. Miscellaneous. These Terms represents the complete agreement concerning the license granted herein and the subject matter hereof and may be amended only by a written agreement executed by both parties. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of these Terms will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of these Terms will not constitute a waiver of any future obligation to comply with such provision. You may not transfer or assign these Terms and the rights hereunder without the prior written consent of Company.

17. Contact Information. If You have any questions or comments please write to the following address: info@pixplit.com

Last Updated: January 2013

© 2012-2013 Pixplit Technologies, LTD.