1.1. Active Sales Ltd (“the operator”) operates:
(a) Photography booths which generate a three dimensional virtual image (“the image”) and/or other items by photographic scanning (“the scanning service”).
(b) A service to save the image on designated cloud services which enable access for remote viewing of the image and downloading of the image for personal use offline.
For the purpose of convenience, the cloud service, the image and the scanning service shall be called hereinafter: “the services”.
1.3. It is emphasized that:
(b) If a certain section or part of it shall be found to be unenforceable by an authorized authority, that same section shall be considered as if it has been replaced in the terms that are enforceable the content of which correlates as closely as possible with the intention of the original section, whereas the rest of the terms of this agreement shall remain in force as they were written.
1.4. That stated in this document is written in the female gender for the purpose of convenience; however it refers to both the genders as one.
2.1. The services should not be used in the event that you are under the legal age of qualification as defined by law.
2.2. The services should not be used for objectives prohibited by law or agreement (including this agreement).
2.3. No automatic service that interfaces with the services should be used.
2.4. No development or use of third party software should be made which interfaces with the services.
2.5. No use should be made of the details of another woman, her image or her account.
2.6. No offensive contents should be created or presented, including by way of creation or presentation of pornographic, violent, offensive, advocating hatred or preaching hatred materials and so forth.
2.7. No viruses or other harmful software should be uploaded to the services.
2.8. Do not attempt to bypass the filtering techniques of contents, inasmuch as they shall be applied.
2.9. Damage to systems/software of the services should not be scrutinized.
2.11. Do not create more than one user account (“account”) per user.
2.12. Do not create an alternative account in the event that the account is blocked.
2.13. Do not buy, sell or rent access to any account whatsoever.
2.14. Do not duplicate, notify or upload information, distribute it or transmit it in any way whatsoever which is not stated in this agreement.
2.15. Do not use the services for commercial objectives.
3. The scanning service
3.1. The scanning service entails exposure to infrared radiation. The photography booths used by the operator comply with the threshold requirements of the law in the matter of the permitted strength of radiation. However, exposure to infrared radiation could sometimes cause discomfort to sensitive users.
3.2. The use of the scanning services constitutes a declaration that the user is allowed to make use of the service without any medical restriction whatsoever.
4. The cloud service
4.1. The cloud service enables access to contents presented to the general public unless stated explicitly otherwise, without the need for creation of an account. Creation of an account enables creation with a personal area which includes contents belonging to the account holder, for as long as she holds an account as aforementioned.
4.2. The cloud service will include advertisements, both in the public area and the personal areas.
4.3. Users of the service alone as those that create the contents presented within the framework of the cloud services and they alone are responsible for them. The default of the service is that the contents shall be exposed to all the users of the service. The users have the ability to change the aforementioned default and to determine their level of exposure (to visitors to the service, to certain users or to holders of certain accounts).
4.4. It is clarified that the cloud service should not be used offensively, including by way of creating or presenting contents with pornographic, violent, offensive, advocating and preaching hatred contents. In the event that a user encounters such contents, she is required to notify the operator or its representative or the entity affiliated with it immediately in order that these contents shall be removed. Lack of notification as aforementioned shall not guarantee that the aforementioned contents shall be identified or removed.
4.5. Creation of an account, and methods of its termination
(a) On creation of the image, the woman photographed has the right to save it on the cloud service and this by way of creating an account.
(b) An account can be created without cost for a period that shall terminate the earliest of twelve (12) months from the date of creation of the account; or after scanning the tenth image into the account (“the trial period”). From the time of termination of the trial period it is possible that an annual cost shall be collected for the continued existence of the account (“the payment period”).
(c) The account will be renewed automatically at the end of the trial period and at the end of of every period of twelve (12) months thereafter and this for an additional period of twelve (12) months, unless the account owner shall choose to terminate it. It is clarified that no monetary refund shall be given for the balance of the payment period in the event that the account is terminated during this period.
(d) The account holder shall transfer a notice by email, no later than thirty (30) days prior the date of automatic renewal. The notice shall state the account period shall expire shortly and that its automatic renewal shall shortly commence, and the methods of cancellation of the account prior to its renewal.
(e) The account can be terminated by the operator or its representative or an entity affiliated with it (including its service providers) at its absolute discretion, and the users of the services shall not have any claim in this matter.
4.6. In creation of a user account:
(a) The account holder is granted a personal licence to participate, send, receive, edit and save the image. This licence has international application, for the period of the account, without the need for payment of royalties (apart from payment for the account and payment for additional services inasmuch as there shall be such); it is non-transferrable, can be cancelled and cannot become a secondary licence; and
(b) The operator or its representative or an entity affiliated with it has unlimited and transferrable permission, for the term of the account, without the need for payment of royalties, to transfer, save, present, duplicate and match the image for the purpose of the cloud services.
(c) The account holder is not granted any right to use the branding, design or a photograph owned by the operator or its representative or an entity affiliated with it, or owned by any third party whatsoever.
5.2. Without derogating from the aforementioned, it is clarified that clothing with low density of material or high transference of light could cause the creation of an image that is exposed in inappropriate places. The user agrees that she alone, and no other entity, including the operator, shall be solely responsible for undesirable appearances which are caused due to her clothing.
6. General terms
6.1. Use of the services constitutes a declaration that the user is qualified and permitted to make use of them without any medical, legal or other restriction.
6.2. The technology in the field is developing rapidly and in a way that could have a direct effect on the quality of the services. The services are provided As Is without any liability whatsoever for their quality or their finish, and the user waives in advance any plea or demand in regard to them. Furthermore, the user is aware that there is no guarantee that the services shall always operate securely and without malfunctions, delays or disturbances. It is possible that the services, in entirety or in part, shall be expanded or reduced at any time without advance notice.
6.3. The operator, including its partners, shareholders, employees, licence providers, suppliers, its officers and directors shall not be liable for any damage, direct, indirect, consequential, secondary, special, punitive or for any loss of profits and yields, whether they occurred directly or indirectly, or derived from loss of information, tangible loss or other loss, or from content that was uploaded or created by the users of the services or third parties. However, in the event that it shall be determined that this section is unenforceable in full or in part, it is agreed that the total compensation for damage shall not exceed the lower between: NIS 500 or the sum that the user paid for the account in the twelve (12) months that preceded the occurrence of the damage.
6.4. In the event that feedback shall be received from users of the services, no remuneration shall be given for it and any outcome that shall be derived from it shall be under the full ownership of the operator or its representative or an entity affiliated with it (including its licence providers).
6.5. This agreement is personal and shall not create any third party rights. The user of the services is not permitted to transfer any of her rights or obligations to any third party whatsoever.
6.6. The Israeli law shall be imposed on this agreement and accordingly shall be interpreted, and both parties hereby subject themselves to the sole jurisdiction of the courts in the town of Tel Aviv in Israel.
6.7. The outcome of the services shall not be duplicated, changed, distributed, sold or leased, shall not develop the basis of the software at the basis of provision of the services retrospectively, extract the original code or attempt to extract it.
6.8. Any feedback or contact shall be carried out by means of sending an email to the address [email address].