Foto Master: Reinventing Fun through Technology

Policies

Website Terms of Use

Last update: January 28, 2021

These terms of use (“Terms”) govern your use of our website at fotomaster.com (and other domain names assigned to us) (“Website”). By using the Website, you agree to be legally bound by these Terms.  If you do not accept these Terms, please stop using the Website.

For information about the terms and conditions applicable to purchase of products and services through the Website, please refer to the other policies linked from the top of this page.

The Website is operated by Foto Master Ltd (“Foto Master”). All content contained or displayed on this Website, including, without limitation, text, photos, images, videos, graphics, logos, trademarks, trade names, designs, information, files, visual content, audio content and audio visual content, is copyrighted by Foto Master and its licensors (“Content”).

When using the website, you agree to comply with all applicable laws, including all laws of your own jurisdiction.

You shall not (and shall not designate others to):

(1) copy, adapt, reproduce, distribute, modify, transmit, commercially exploit, make derivative works based on or otherwise use the Content unless you received Foto Master’s express written permission to do so;

(2) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or or algorithms of the Website; and

(3) use automated tools, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider or mine the Website.

The Website may contain links to external websites. Foto Master has no control over the content included in those external websites, and has no liability to any damages or losses that may be caused to you by using those external websites.

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND AND NATURE. TO THE EXTENT PERMITTED BY LAW, FOTO MASTER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

FOTO MASTER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR DAMAGES OR LOSSES RESULTING FROM RELIANCE ON ANY INFORMATION OR REPRESENTATION POSTED ON THE WEBSITE, EVEN IF FOTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE WEBSITE SITE YOU AGREE TO ASSUME ALL RISKS AND POSSIBLE RISKS ASSOCIATED WITH WEBSITE, INCLUDING WITHOUT LIMITATION, VIRUSES, MALICIOUS PROGRAMS OR OTHER HARMFUL COMPONENTS.

If you have questions for the above, please contact us at support@fotomaster.com.

Privacy Policy

Last update: January 28, 2021

Foto Master Ltd. and its affiliates (“Foto Master”, “we”, “us” and “our”) respect your privacy rights and preferences. Please review this privacy policy to understand how we collect, use and process personal and non personal information when you browse or use our website(s) (at fotomaster.com and other domain names assigned to us), mobile applications, cloud services, software and any related services (collectively, the “Services”).

  1. What Information Do We Collect?
    1. While using our Services, we may collect personal information from you or your end users. Personal information means any information relating to an identified or identifiable person (“Personal Information”).We may collect the following types of Personal Information:
      1. Information Provided by You: contact details  (e.g., full name, email address, business name, shipping address, billing address and phone number) you provide us when you use our Services, contact our support service or voluntary submit a request form via our Services; data you provide us to verify your identity when you purchase product(s) (e.g., copy of ID card, driver license, passport or similar documents); login details (e.g., password, user name) you provide us when registering to our Services; any other information you choose to provide us when you communicate with our team members, either via email, online chat or phone.
      2. Information Collected When You Use Our Services: call recording and chat transcript data, when you communicate with us via phone or online chat; online identifiers collected when you browse or use our Services, such as IP address, Cookies (as defined below), and geolocation data; statistical and aggregated usage data, including behavioral and analytical data; browsing data; heatmaps and scrolls; device and operating system data; length of visiting at our Website; duration of usage of the Services; pages viewed at our Website; and other usage data related to your IT environment.
      3. Payment Details: When you make online transactions through our Services, you may submit payment and billing details directly to the secure systems of our payment, financial or loan providers integrated into our Services (“Payment Providers”). We do not collect, store, process or review these details, but may receive certain information related to the transaction from the Payment Providers, such as your card type, card expiry date and last four digits of your payment mean.
      4. End User Content: You and your end users may use our Services for uploading, submitting, storing and sharing content, created either through your (or your end users) use of our Services, or by other means. Such content may contain Personal Information related to your end users, such as photos, videos, phone numbers, email addresses and related geo location information (“End User Content”). Please note that your ability to upload, transmit and share End User Content through our Services is based on the specific features of the software you use, and may vary between different software versions or types.Please note that you are the sole responsible for obtaining all consents and other permissions required by applicable data protection laws when collecting, generating, sharing, uploading or otherwise transmitting End User Content to or through our Services, including any end users’ consent required for you to use End User Content for your purposes, where applicable.In this regard, please be aware that you may be required by law to inform your end users or obtain consent from them with respect to any photography actions taken in connection with your use of our Services.
    2. Why Do We Collect Information?
      We collect Personal Information for the following purposes:

      1. Providing, developing, operating, enhancing and maintaining the Services or other contracts between you and us;
      2. Verifying your identity when purchasing our products or logging in to your user account(s);
      3. Execution and managing of purchase orders and other customer’s requests through the Services;
      4. Providing you with support services and collecting feedback;
      5. Communicating with you service-related notices and promotional messages;
      6. Creating an aggregated, statistical and technical anonymous data and behavioral analysis to maintain, operate and enhance the Services;
      7. Sharing with you aggregated or anonymised information related to your end users for marketing, advertising, research, and analysing purposes.
      8. Maintaining and improving the Services’ data security and preventing fraud and other deceptive actions;
      9. Facilitating and optimizing our marketing and sales operations, including by a way of targeted advertising.
      10. Complying with any applicable laws and regulations and protecting our legitimate interests;
      11. Other purposes you consent to when providing Personal Information.
    3. Storage and Transfer of Personal Information.
      1. We store the Personal Information on secure servers and data centers located in the United States, Israel, and as necessary to perform our Services, in other locations.
      2. We are taking appropriate measures to ensure that your Personal Information is adequately protected and secure in accordance with this privacy policy and the applicable data protection laws.
      3. While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, we take all reasonable steps to ensure the compliance of our Services with the applicable data protections laws and regulations. As part of our compliance, we ensure that each of our service providers maintains appropriate safeguards and mechanisms in order to comply with the applicable privacy laws and regulations, including by implementing EU Model Contractual Clauses and other measures in the event of Personal Information transferring outside the EEA and the UK areas.
      4. Data protection in Israel: Some of the Personal Information may be stored in Israel, where Foto Master Ltd headquarters. Israel is considered by the European Commission as a jurisdiction offering an adequate level of data protection for personal information of EU Member State residents. For more details, please contact us at support@fotomaster.com.
    4. Sharing Personal Information
      We may share Personal Information in the following cases:

      1. With our service providers, whose services are necessary to operate, improve and maintain our Services. Their services may include hosting and content delivery networks (CDNs), fraud detection and prevention services, web analytics and traffic monitoring, session recording and data optimization.
      2. With advertising and analytical partners, to display targeted advertisements while you are browsing other third parties’ websites.
      3. When you decide and consent to use loan eligibility or financial services operated by our service providers, subject to their terms and conditions.
      4. With law enforcement agencies upon a legal request, such as a subpoena, legal proceedings, search warrant or court order.
      5. With other third parties as necessary to protect the legitimate interests, rights, and security of you, us, our customers and affiliates.
      6. With our subsidiaries and affiliates, for the purposes described in this privacy policy.
      7. In a case we undergo any change in control, mergering, acquisition or purchase of assets or shares. Your Personal Information may be shared with the parties involved in such a deed.
      8. With our customers using the Lead Distribution Platform, in the event that you submit an event rental request via our Website, and subject to your express consent. The Lead Distribution Platform enables you to receive relevant offers from our customers, based on the location of your event.
      9. In manners other than described above, provided that you gave us your consent, or if the applicable law permits or obligates us to perform such a sharing.
    5. Data Retention
      1. We retain your Personal Information for as long as necessary (i) to provide you with our Services and communicate with you in any matter relating to your use of our Services; and (ii) to comply with our legal obligations and to protect our legitimate interests.
      2. Where your Personal Information is no longer required to be retained as detailed above, we will delete it.
    6. External Sites
      This privacy policy may contain links to external websites, landing pages or other platforms (“External Sites”). We are not responsible for the External Sites and have no control over the content included thereof. As a result, you may check the External Sites’ privacy practices before browsing them.
    7. Cookies
      1. Foto Master uses cookies and similar technologies, such as web beacons (collectively, “Cookies”) to maintain, secure, enhance and operate the Services, including by a way of analyzing our performance and marketing activities. Cookies are minor text files generally stored on your device and containing information about your browsing. You can learn more about cookies by visiting here: https://www.allaboutcookies.org/.
      2. Foto Master may use the following types of Cookies in connection with its Services:
        1. Strictly Necessary Cookies: These Cookies are used to operate, secure and maintain the functionality of Services. Among other features, these Cookies enable you to navigate back and forth between pages on our Website without losing previous session actions; to access your secure account or user area through logging in;
        2. Performance Cookies: This type of Cookies helps us to gather statistical data on how our Services are performing to make enhancements and fixing operations. These Cookies may be used to count page visits, bounce rates, load speeds, and performing other web analytics.
        3. Functionality Cookies: These Cookies allow the Services to remember choices and settings you make while browsing, and provide you with enhanced, personalized interaction with the Services. The information these Cookies collect may be anonymized and they cannot track your browsing activity on other websites.
        4. Advertising Cookies: These Cookies are used to deliver to you targeted advertisements better reflecting your interests, and also for analyzing the effectiveness of such advertisements, by monitoring the times you view ads. These Cookies are typically set on external sites (including, social media platforms).
      3. Third-Party Cookies: Some of the aforementioned Cookies are operated and managed by third party partners. Foto Master has no access to the Third Party Cookies, and they are operated according to the Third Party Partners’ terms of use or privacy policy. Below is a list of the Cookies Third Party Partners, along with information related to their use of the Cookies. This list is a non exhaustive list, and may be changed from time to time:

        Facebook Pixel – https://www.facebook.com/policies/cookies/

        Google Analytics, YouTube – https://policies.google.com/technologies/cookies?hl=en-US#how-google-uses-cookies

        Vimeo – https://vimeo.com/cookie_policy

        Zendesk – https://www.zendesk.com/company/policies-procedures/cookie-policy/

        CallTracking Metrics – https://www.calltrackingmetrics.com/legal/cookies/

        Mailchimp – https://mailchimp.com/legal/cookies/#Why_do_we_use_cookies_and_other_tracking_technologies

        Hotjar – https://help.hotjar.com/hc/en-us/articles/115011789248-Hotjar-Cookies

        braintree – https://www.braintreepayments.com/gb/legal/braintree-privacy-policy

      4. How to Manage Cookies: You can change your Cookie settings at any time by using a simple mechanism built into your web browser. For more information on how to manage Cookies within your specific browser, you may view the following guidelines. Please note that if you elect to disable Cookies, some features or areas of the Services may be limited:
        1. Internet Explorer
        2. Google Chrome
        3. Mozilla Firefox
        4. Safari (Mobile)
      5. You can also opt out of interest – based advertisements operated by Third Party Cookies, by using the following links:http://www.aboutads.info/choices (for users located in the US)https://www.youronlinechoices.eu/ (for users located in the EEA and the UK area).
      6. “Do Not Track” signal: We do not change our practices in response to “Do Not Track” signals.
    8. Communications
      1. Marketing Content: We may communicate with you promotional and marketing content about our products, services, and new features. We will contact you either via email, SMS, social media or other means of communication you have provided us. If you do not wish to receive such communications, please notify us by email to support@fotomaster.com at any time, or follow the “unsubscribe” mechanism contained in the promotional content you receive.
      2. Informational Content: We may contact you on matters concerning our services, including with respect to billing or other technical or informational issues. To the extent permitted by applicable law, you may not be able to unsubscribe from receiving these communications.
    9. Your Rights
      1. You may have certain rights under applicable laws with respect to the Personal Information we process about you. These rights may include (i) your right to request information about what we do with your Personal Information; (ii) your right to request portability of your Personal Information; (iii) your right to seek correction or amendment of inaccurate Personal Information; (iv) your right to request us to restrict or suppress the processing of your Personal Information, or to object to such processing; (v) your right to request deletion of Personal Information we hold about you.
      2. The aforementioned rights may be subject to exceptions or limitations required or permitted by law.
      3. For more information, please contact our support team at support@fotomaster.com.
    10. Securing Your Personal Information
      1. We have implemented appropriate safeguards to protect Personal Information. As part of our security compliance,  We regularly monitor our systems to track and prevent possible vulnerabilities and malicious attacks, and take necessary steps to maintain and enhance the security of our data.
      2. However, although we follow industry-standards practices to protect data, we cannot ensure or warrant the complete protection of your Personal Information. Therefore, we encourage you to protect your password, restrict and monitor access to your devices, create backup for your content, avoid providing us with any sensitive information of which you believe its disclosure could cause substantial damage to you or your end users, and take any reasonable steps to protect your Personal Information securely.
      3. Please note that to the extent permitted by law, Foto Master shall not be liable for any damage or losses caused to Personal Information due to unauthorized access, penetration or otherwise use, provided that it maintains appropriate safeguards.If you have any questions regarding the security of our Services, please contact us at support@fotomaster.com.
    11. Eligibility to Use the Services
      1. Our Services are intended for users who have the necessary capacity and ability to legally consent to the provisions of this policy and to enter into a binding contract. We do not knowingly use or process Personal Information related to minors. Please do not upload or otherwise transmit Personal Information related to minors to or through our Services.
      2. Certain Services are available only to our customers and cannot be used by random users. For more information, please contact us.
    12. Updates or Changes in the Privacy Policy
      We may, in our sole discretion, update or change this privacy policy in order to reflect changes or updates to our methods of processing Personal Information. We encourage you to periodically review this privacy policy to be updated on our privacy practices.
    13. Contact Us

      1. You can contact us at support@fotomaster.com for any questions you have on this privacy policy.
      2. For EU and UK privacy concerns, our representative is FOTOMASTER LIMITED, located at 37 Broadhurst Gardens, London, NW6 3QT, London, REINO UNIDO, England.

Terms of Sale and Service

Last update: January 28, 2021

BY PURCHASING OR USING PRODUCTS, SOFTWARE OR SERVICES OFFERED BY FOTO MASTER LTD OR ITS AFFILIATES (“FOTO MASTER”), YOU ACCEPT AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE AND HAVE CAREFULLY READ THESE TERMS OF SALE AND SERVICE (“TERMS”), UNDERSTAND THEM, AND CONSENT TO BE LEGALLY BOUND BY THEM TO THEIR FULLEST EXTENT. IF YOU DO NOT WANT TO AGREE TO THE TERMS, YOU MUST NOT USE ANY OF THE FOTO MASTER PRODUCTS, SOFTWARE OR SERVICES.

These Terms, together with the End User License Agreement (“EULA”), the Limited Hardware Warranty Policy (“Warranty Policy”), the Privacy Policy (“Privacy Policy”) and any other Foto Master’s policies as may be published from time to time, constitute the entire legal agreement between you and Foto Master (“the Parties”) with respect to any purchase of a Product (as defined below).

  1. Definitions
    1. Confidential Information” shall mean all information or data of a confidential or proprietary nature, whether or not patentable, that has been or will be disclosed to you, including without limitation, know-how, trade secrets, technology information, technical information, software, code, internal information, specifications, methods, inventions, processes, developments or any other data or information that a reasonable person would consider confidential.
    2. Foto Master Materials” shall mean tutorials, help files, manuals, marketing and promotional materials and any other Foto Master content available to customers as part of the Product purchase.
    3. Force Majeure Events” shall mean any failure or delay of performance under these Terms caused by reasons or circumstances beyond Foto Master’s control, including without limitation, act of war, act of God, earthquake, hurricane, epidemic, COVID – 19 effects, tornado, fire, flood, failure or delay of third parties to perform their contractual obligations towards Foto Master, or other catastrophic, unpredictable or natural events beyond Foto Master’s control.
    4. Hardware” shall mean any Foto Master hardware appliances specified in the purchase order or the invoice, excluding Software, License, and Foto Master Materials.
    5. Intellectual Property Rights” shall mean all intellectual property rights of any kind and nature, including copyrights, design, industrial property and patent rights applicable under local laws, foreign laws and international treaties, related to or in connection with the Product and any associated services thereof, including without limitations, all inventions (patentable and non-patentable), works, copyrightable materials, software, trademarks, logos, service marks, trade names, domain names, specifications, text, code, files, graphics, images, videos, audio content, visual content, audio visual content,
    6. License” shall mean any license granted to you for the use of the Software, in accordance with and subject to the EULA.
    7. Product” shall mean any Foto Master products, services, and systems, including without limitation, Hardware, Foto Master Materials, Software and any related documents, deliverables and services of any kind.
    8. Software” shall mean any Foto Master software governed by the EULA.
  2. Orders, Payment and Warranty
    1. Each purchase order (“Order”) submitted by you and received by Foto Master will constitute a legal contract between you and Foto Master which shall be governed by the terms and conditions of these Terms and by any applicable addenda, whether or not these documents are referenced on the Order. Any additional or conflicting terms and conditions will not be effective unless agreed in writing by Foto Master.
    2. All due amounts invoiced will be paid in the currency specified on the applicable invoice, and prepaid by you as a primary condition before any delivery of Product or activation of a License. You will bear any costs, charges and expenses associated with the shipping, purchase and delivery of the Product, including all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies or taxes.
    3. All deposits (including any initial deposits paid upon submitting an Order), fees and payments paid or payable for the Product are non refundable and non cancellable.
    4. All purchases are final, and Products are non returnable to the extent permitted by law.
    5. The only conditions of warranty apply to the Product are those which are set out in the Warranty Policy. Any other warranties or representations are expressly void and shall have no effect whatsoever.
    6. You may choose to use financing or personal loans services, provided by third parties, in order to complete the payment process. It is hereby clarified that Foto Master has no control or liability over those companies services or practices, and you assume all risks associated with your use of such services.
  3. Shipping and Delivery
    1. Foto Master makes efforts to ship the Product within a reasonable time. Estimated shipping dates will be assigned by Foto Master to you as soon as practicable. The estimated date of delivery is dependent on the freight company’s performance. You may follow up the updated delivery date by checking the tracking number of the freight company you are provided with.
    2. Where applicable, you shall pay the shipping and delivery charges in addition to the purchase price for the Products, which will be included in the invoices issued by Foto Master.
    3. Notwithstanding the foregoing, it is hereby clarified and agreed by the Parties that all dates provided for the shipping or delivery of the Product are estimates only and actual delivery date may be affected by various factors such as your location, the accuracy of the address details provided for delivery, availability of parts or components, the freight company’s performance and Force Majeure Events (as defined below). Foto Master shall not be liable for any delay in delivery, including for any damages or losses arising out of or in connection with such delay, for whatsoever reason.
    4. If, for any reason, you fail or refuse to accept delivery of Product when it is ready for you, then at that time Foto Master may store the Product at its premises and you will be liable for all related costs and expenses, including without limitation, storage fees and insurance.
  4. Intellectual Property
    1. All Intellectual Property Rights shall be fully owned by Foto Master and its licensors.
    2. You will not copy, distribute, sell, rent, display, make publicly available, decompile, disassemble, commercially use, reverse engineer, combine with other materials, translate, modify or create derivative works based on any Intellectual Property Rights, unless expressly permitted by these Terms or you have received Foto Master’s written consent.
  5. Support and Upgrades Services
    1. Upon purchasing a Product, Foto Master will provide you with technical support, software upgrades services and a permission to participate in the Lead Distribution Platform (“LDP”), for one year (“Initial Term”). In addition, you may be entitled to a remote session with the Foto Master’s support team before your initial use of the Product.
    2. After the expiration of the Initial Term, you will have an option to purchase a subscription term of software upgrades, LDP participation and support services, renewed on a yearly basis (“Subscription Term”).
    3. The fees for the Subscription Term (“Subscription Fees”) will be paid through Foto Master’s designated payment processor(s) (e.g. Paypal), and are subject to their service terms and conditions. The Subscription Fees are non-refundable and non cancellable, to the extent permitted by applicable law.
    4. The Subscription Fees may be changed from time to time, as per Foto Master’s sole discretion.
    5. You agree that the Subscription Term will automatically be renewed on a yearly basis at the same price, unless otherwise has been notified to you (“Auto Renewal Term”).
    6. You will be able to terminate the Auto Renewal Term prior to the expiration of the current term at any time, by simply changing the relevant setting at your payment processor’s account used for the payment. For an example, please refer to the Paypal’s guidelines on how to cancel auto payments: https://www.paypal.com/gi/smarthelp/article/how-do-i-cancel-an-automatic-payment-i-have-with-a-merchant-faq2058.
    7. Foto Master makes reasonable efforts to give you an appropriate service. However, Foto Master does not and cannot guarantee or warrant that all the issues addressed to its support team will be resolved or will never show up again.
  6. Limitation of Liability
    1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOTO MASTER OR ITS RESPECTIVE AFFILIATES, EMPLOYEES, MANAGERS AND LICENSORS BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, SAVINGS, INVESTMENTS OR TIME ARISING OUT OF OR IN CONNECTION WITH FOTO MASTER’S FAILURE OR DELAY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS, FOR WHATSOEVER REASON, WHETHER SUCH DAMAGES OR LOSSES ARE BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF FOTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    2. TO THE EXTENT THE AFOREMENTIONED STATEMENTS CANNOT BE DISCLAIMED UNDER THE APPLICABLE LAW, FOTO MASTER’S ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS RELATED TO OR ARISING OUT OF THIS TERMS FOR ANY CAUSE AND FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF FOTO MASTER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR VIOLATIONS.
    3. EXCEPT AS EXPRESSLY STATED IN THE WARRANTY POLICY, THE PRODUCT IS PROVIDED TO YOU ON THE BASIS OF “AS-IS” AND “AS-AVAILABLE” WITHOUT ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
  7. Use of the Product
    1. Your use of the Product is limited solely to your personal business use. You shall not sell, resell, license, sub-license, lease, assign, transfer or otherwise distribute the Software and the Foto Master Materials to any other third party, or use the Product for illegal, harmful or offensive purposes.
    2. You will not purchase Products for resale or reproducing purposes unless you have received Foto Master’s prior written approval.
    3. You will use the Product only in a safe manner and in accordance with all applicable safety codes and regulations, including with respect to electrical safety. Without derogating from the above, please make sure to use the Product only on a flat and safe surface, and to keep the Product environment free of any hazards.
    4. The operation of some Products may require you to have a device aligned with certain system requirements. Non alignment with these requirements may limit your ability to use those Products.
    5. Your use of the Software and Foto Master Materials is subject to additional terms and conditions as outlined in the EULA.
  8. Beta Services
    1. Foto Master may publish, from time to time, beta and experimental services for testing and evaluation purposes, such as experimental cloud servers, storage and bandwidth options for uploading content (“Beta Services”). Beta Services may be modified at any time as per Foto Master sole discretion. The Beta Services do not form part of the License or any upgrade or support service of Foto Master and may not be as reliable, available or secure as the official services of Foto Master.
    2. FOTO MASTER WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BETA SERVICES FOR WHATSOEVER REASON. BY USING THE BETA SERVICES YOU ASSUME ALL RISKS ASSOCIATED THEREWITH.
    3. The Beta Services will be subject to the Experimental Services Terms as outlined in the EULA.
  9. Force Majeure
    1. Foto Master shall not be liable for any Force Majeure Event. However, Foto Master will use reasonable efforts to mitigate the effect of Force Majeure Events on its obligations under these Terms.
    2. It is hereby clarified and agreed that in the event of a Force Majeure Event, all deposits, payments and other fees paid or payable by you under these Terms are non refundable and non cancellable, and will continue to be in effect to their fullest extent.
  10. Confidentiality
    1. You shall keep in strict confidence all Confidential Information related to or associated with the Product, and shall not disclose it to any third party without the prior written consent of Foto Master.
  11. Indemnity
    1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FOTO MASTER AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND SETTLEMENT COSTS, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS BY YOU OR BY OTHER THIRD PARTY ACTING ON YOUR BEHALF.
    2. THE PROVISIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
  12. Title and Risk
    1. Risk and title to and in the Hardware pass to you upon delivery of the Product, whether to you or your designee. Notwithstanding the foregoing and to the extent permitted by law, Foto Master shall retain the title in and to the Hardware until full payment for the Product is received. In the event that the payments for the Product are divided into monthly credit payments, Foto Master retains the title until all credit payments are completed.
    2. Title to the Software, License and Foto Master Materials is hereby excluded and shall fully remain with Foto Master at all times.
  13. Termination
    1. These Terms shall remain in effect until being terminated by Foto Master due to one or more of the following reasons: (a) you breach any of the provisions of these Terms and fail to cure such breach within five days written notice; (b) you infringe any of Foto Master’s rights under these Terms, including without limitation, Intellectual Property and confidentiality rights; (c) you knowingly damage Foto Master’s business or other commercial interests; or (d) you become insolvent, file a bankruptcy petition, or institute proceedings for liquidation.
    2. Upon termination of these Terms, you shall cease using the Software and any related services, including without limitation, Foto Master Materials and subscription programs.
    3. Termination of these Terms, for whatsoever reason, will not affect your obligation to pay any due payments, fees and amounts accrued prior to the termination. You agree to pay such payments no later than the date of termination. No refund shall be available for any unused prepaid deposits or other payments.
    4. Sections 1,2,4,6,7,9,10,11,13,14,15,16,17,18,19,20,21 shall survive termination of these Terms.
  14. Third Party Beneficiary
    1. For any Products covered under these Terms and to you by any of our authorized distributors (“Distributors”), Foto Master and its affiliates will be a third party beneficiary of the agreement between you and the Distributors and shall have the right to enforce the obligations set forth in these Terms and be entitled to any applicable remedy.
  15. Privacy
    1. Foto Master cares about your privacy rights. The Privacy Policy describes our practices of collecting, processing, sharing and transferring your personal information. You agree to these practices, including the storage of your personal information on servers and data centers located in the United States and other territories specified in the Privacy Policy. You acknowledge that the laws, regulations, and standards of the countries in which your personal information is stored or processed may be different from those of your own country.
  16. Governing Law and Dispute Resolution
    1. These Terms shall be exclusively governed by and construed in accordance with the laws of Israel. All claims, disputes or litigation arising out of these Terms shall be exclusively brought in the contemplated courts located in Hamerkaz district, Israel, without giving effect to any conflicts of laws requiring the application of other jurisdictions.
    2. Without derogating from the above, all claims, disputes and litigation which might arise between you and our Delaware affiliate, FOTOMASTER, LLC, with respect to (i) the Warranty Policy; (ii) payments and deposits; and (iii) shipping and delivery of Products, shall be brought in the courts of Wilmington, State of Delaware, USA, and shall be exclusively governed by the laws of the State of Delaware, without giving effect to any conflicts of laws requiring the application of other jurisdictions. You and Foto Master hereby consent to the personal jurisdiction in the aforementioned courts.
    3. Foto Master shall have the exclusive right to seek injunctive or equitable relief with respect to any violation of these Terms in the jurisdiction where you are located or operating business.
    4. You agree to not object to the jurisdiction of the aforementioned courts based on any ground, including without limitation, improper venue or forum non conveniens.
    5. The application of the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded.
    6. Before initiating a legal proceeding, each Party agrees to try to settle the dispute by sending a written notice to the other Party. If the dispute is not resolved within seven days of notice or as otherwise agreed by the Parties, each Party may initiate a legal proceeding
  17. Class Action Waiver
    1. You agree to resolve all disputes with Foto Master on an individual basis only, and to not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action, to the extent permitted by law.
  18. Severability
    1. If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from these Terms and the remaining provisions will remain in full force and effect.
  19. Miscellaneous
    1. Foto Master may update these terms and conditions or any part thereof at any time without prior notice to you.
    2. If any provision of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, the remaining provisions of these Terms shall continue in full force and effect.
    3. Foto Master is entitled to assign or transfer its rights and obligations unde these Terms or to any third party, in its sole discretion. You shall not be entitled to assign these Terms or any part of your obligations and rights hereunder to any third party without the prior written consent of Foto Master.
    4. If a licence, consent or other regulatory permission is required to perform your obligations under these Terms, then you shall fulfill such requirement at your own expense.
  20. Communications
    1. Foto Master may communicate with you with marketing materials via email, phone, mail, Skype, social media account or any other communication means provided to Foto Master by you. You have the right to ask Foto Master to stop receiving marketing materials at any time, by sending a request to: support@fotomoaster.com or by using the unsubscribe option contained in those communications.
    2. Foto Master will be entitled to contact you at any time with informative communications concerning its legitimate interests, finance issues or other matters required by the applicable law.
  21. Notice
    1. Notices must be sent via email or personal delivery, and are deemed given when received by the receiving party. Notices to Foto Master must be sent to Foto Master Legal at support@fotomaster.com, with a copy to FOTOMASTER, LLC, Suite 403 – B, Centre Rd, Wilmington DE, USA, if the notice is designated to FOTOMASTER LLC, or to 2 Meir Weisgal St., Rehovot, Israel, if the notice is designated to Foto Master Ltd.

Limited Hardware Warranty Policy

Last update: January 28, 2021

This limited hardware warranty policy (“Limited Warranty Policy”) is provided by Foto Master Ltd and where applicable, FOTOMASTER, LLC (hereinafter: “Foto Master”).

What is covered under the limited warranty?

Foto Master warrants its hardware products against manufacturing defects in material and workmanship during the Warranty Period (as defined below), under normal and customary use (“Defects”).

This Limited Warranty Policy shall be in effect for twenty four (24) months from the date of product’s delivery to the purchaser (“Warranty Period”).

The first shipment of the product from Foto Master to the purchaser is fully insured by Foto Master against all damages. All further shipments of the product, whether from the purchaser to Foto Master or from Foto Master to the purchaser (e.g., in the event that the purchaser ships the product to Foto Master for repair or replacement purposes, or when Foto Master ships back the product to the purchaser after repairing) shall be at the purchaser’s sole expenses, on the basis of “back to base” warranty, and he must assume the risk of the shipping or buy insurance coverage.

What is not covered under the warranty?

This Warranty Policy does not cover:

  1. All claims for missing components, missing peripherals or Defects on arrival that are raised by the purchaser on the earlier of (i) more than seven days after he receives the product; or (ii) more than three days after he completes the initial online operational session with the Foto Master’s support team.
  2. Products that are not fully paid, or products that Foto Master believes that are stolen or not original;
  3. Products that were transferred, leased, sold or assigned by the purchaser to any other party.
  4. Software of any kind and nature, whether pre-installed, linked or attached separately to the product.
  5. Cables, power supplies, power adaptors, fuse, flash bulbs, keyboards, screws and any other components of the product which are consumables.
  6. Defects that are resulting, directly or indirectly, from:
    • Repair or other service operations not pre approved by Foto Master;
    • Any modifications or alterations in or to the product not made or authorized by Foto Master;
    • Using the product not in accordance with the Foto Master’s guidelines or instructions;
    • Incorrect voltage or a power surge which exceeds the purchaser country’s voltage requirements;
    • Abnormal physical or electrical stress, environmental conditions, misuse (e.g., causing, by an act or omission, a fracture or crack to the product or to any of its components), negligence, accident or external causes of any kind;
    • Normal wear and tear;
    • Force majeure event;

What Foto Master will do in the event of a warranty claim?

Upon contacting Foto Master, the purchaser may be required to engage in an online inspection session to help Foto Mater to assess the scope and nature of the Defects.

In the event that Foto Master assesses that the Defects should be fixed by the purchaser, Foto Master may ship replacement parts to the purchaser and provide him with instructions. If Foto Master assesses that the Defects cannot be fixed by the purchaser, then Foto Master, in its sole discretion, may ask the purchaser to ship back the product to Foto Master for further examination.

Upon receiving the defective product, Foto Master, in its sole discretion, will repair or replace it, using new or refurbished replacement parts. In the event that Foto Master reveals no Defects, the product will be shipped back to the purchaser without any further actions. For the avoidance of doubt, Foto Master will own all parts removed or replaced.

The purchaser may be required to provide Foto Master with documentation or details related to the purchase of the product, for verification purposes.

Liabilities

UNDER NO CIRCUMSTANCES WILL FOTO MASTER, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOSSES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INCONVENIENCE, DELAY, LOSS OF PROFITS, MONEY, REVENUE OR TIME, WASTED EXPENDITURE, OR CLAIMS FOR INTERRUPTION IN USE OF THE PRODUCT OR THE SOFTWARE OR AVAILABILITY OR BACKING UP OF DATA.

FOTO MASTER’S SOLE RESPONSIBILITY FOR ANY DEFECTS IN THE PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT SOLELY, AS SET FORTH IN THIS WARRANTY POLICY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL PAYMENTS FOR THE PRODUCT ARE NON REFUNDABLE FOR WHATSOEVER REASON.

TO THE EXTENT SUCH WARRANTY STATEMENTS CANNOT BE DISCLAIMED UNDER THE APPLICABLE LAW, FOTO MASTER’S ENTIRE LIABILITY AND PURCHASER’S SOLE REMEDY FOR ALL CLAIMS RELATED TO OR ARISING OUT OF THIS WARRANTY POLICY FOR ANY CAUSE AND FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF PURCHASER HAS ADVISED FOTO MASTER OR ITS AFFILIATES OF THE POSSIBILITY OF
ANY SUCH DAMAGES.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT, FOTO MASTER DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT.

Contact Details

For any questions, please contact our support staff at support@fotomaster.com.

End User License Agreement

Last update: January 28, 2021

IMPORTANT – PLEASE READ THIS AGREEMENT BEFORE USING, DOWNLOADING OR INSTALLING THE SOFTWARE.

This End User License Agreement (“Agreement”) is a legal agreement between you and Foto Master Ltd and its applicable affiliate(s) (“Foto Master”).

By using, downloading or installing the Software, you agree to abide by this Agreement. If you are entering into this Agreement on behalf of an entity, you represent that you have the authority to bind lawfully that entity. If you do not have such authority or you do not agree to any terms of this Agreement, you are not allowed to use, download or install the Software.

Please indicate your acceptance of the Agreement by selecting the ‘Accept’ button at the end of this Agreement.

If you do not agree to these terms, select on the ‘Decline’ button at the end of this Agreement (if possible).

If you do not have a structured option to indicate your choice, you agree that by downloading, using or installing the Software you accept all the terms set out in this Agreement. Otherwise, please refrain from any use of the Software.

The term “Software” in this Agreement shall refer to Foto Master computer program(s) and any related upgrades, improvements, firmware and documentation.

Ownership and Intellectual Property Rights

All title, ownership rights and intellectual property rights in and to the Software and its outputs including, without limitation, all codes, algorithm, Software generated content, content that is generated or derived in connection with your use of the Software, copies, text, graphics, animations, thumbs, visual content, audio visual content, fictional characters, effects, improvements, enhancements, derivative works, content that is generated or derived in connection with your use of the Software or other works related to or based on the Software, are owned solely by Foto Master and its licensors.

The Software and any portion thereof is protected by national and international intellectual property laws, acts and regulations, including copyrights laws and international treaties. You are authorized to use the Software only as per the terms and conditions of this Agreement. Any use of the Software not expressly permitted to you under this Agreement is entirely prohibited.

The trademarks, logos and service marks displayed on or in the Software (the ‘Marks’) are the sole property of Foto Master or its licensors. You are not permitted to use the Marks without the prior written consent of Foto Master.

License

Subject to terms of this Agreement, Foto Master grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the Software for your direct benefit in connection with photo booth activities (the “License”). You shall not distribute, redistribute, sell, lease, sublicense, modify, copy, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or any portion thereof.

The License key is non replaceable, once granted, and Foto Master shall not issue a new License key. If you cannot find or use your license key, please contact Foto Master’s support team at support@fotomaster.com.

The Software and the License shall be used solely by you and your authorized personnel, on one device only. You shall not transfer, sublicense or assign the License or the Software to any other third party. Any transfer or assignment of the License in contrast to the provisions of this Agreement shall be void and of no effect whatsoever.

Mobile App

The Software may be accessed by or available to the Foto Master app(s) (“Foto Master App”) downloadable from Google Play, App Store or other similar platforms (“Platforms Sites”). To the extent permitted by the default terms of the Platforms Sites, this Agreement shall govern any use of the Software through the Foto Master App.

License and Subscription Fees

All payments and fees paid or payable by you for this License and/or for any Foto Master labeled product to which the Software is attached or pre – installed, are non – refundable and non cancellable.

All payment invoices are due on the date of issuance. All amounts are to be paid only in US dollars unless otherwise expressly stated in the invoice.

All fees and other amounts paid or payable by you under this Agreement are not including taxes of any kind. You are the sole responsible for all applicable taxes and other duties and charges which may be imposed by federal, state, or local authority with respect to the license fees.

You may have an option to obtain a subscription of upgrades and support to your License on a yearly basis (“Subscription Plan”), subject to a payment of subscription fees (“Subscription Fees”). The Subscription Fees will be paid through Foto Master’s designated payment processor(s) (e.g. Paypal), and are subject to their service terms and conditions. The Subscription Fees are non-refundable and non cancellable, to the extent permitted by applicable law.

The Subscription Fees may be changed from time to time, as per Foto Master’s sole discretion.

In order to prevent interruption to your use of our upgrades and support when using our Subscription service, you consent that the Subscription Plan will automatically be renewed at the end of its initial term for a period equal in time and at the same price, unless otherwise has been notified to you (“Auto Renewal Term”).

You will be able to terminate the Auto Renewal Term prior to the expiration of the current term at any time, by simply changing the relevant setting at your payment processor’s account used for the payment. For an example, please refer to the Paypal’s guidelines on how to cancel auto payments: https://www.paypal.com/gi/smarthelp/article/how-do-i-cancel-an-automatic-payment-i-have-with-a-merchant-faq2058.

Additional Restrictions on the License

You shall not use the Software except as set forth in the License. You shall not, and shall not authorize any third party on your behalf, to:

  • Use the Software, License key, or other documentation supplied by Foto Master in connection with the License on, or for, more than one device;
  • Disclose or release any Confidential Information (as defined below), License key or other verification data to any party other than your authorized personnel;.
  • Expose the Software or any part of it to Foto Master’s competitors or other parties which may use the Software in a wrongful act.
  • Reverse engineer, disassemble, decompile, translate, rebuild, transform or extract any part of the Software including any source code thereof;
  • Disrupt in any way the operation of the Software or any portion thereof;
  • Cause the Software or any part of it to be destroyed, altered, erased, or damaged;
  • access, take control of, destroy, alter, erase, or otherwise damage the operation of any portion of the Software, including by using a malware program, code or other mechanism, or by hacking, phishing, spoofing or seeking to defeat any data security protections or controls in the Software of any kind;
  • Use the Software for illegal purposes or with illegal means, including by violation of any applicable laws and regulations;
  • Use the Software or any portion thereof to distribute, develop or manufacture a product, software or service that may compete with the Software or any other product or service of Foto Master;
  • Use or attempt to use the Software to collect or process personal data not in accordance with the applicable privacy laws and regulations;
  • Upload any harmful, threatening, abusive or defamatory content or material of any kind assist any fraud, deception, theft or other illegal activity of any kind;
  • Upload or share content that may violate any intellectual property, privacy or publicity rights of any third party.
  • Violate any of the other Foto Master’s policies posted on https://fotomasterltd.net/publications/product-policies/.

Experimental Services

Foto Master may release or issue, from time to time, certain features, servers or other services that are still under testing or evaluation. These services may include, inter alia, beta cloud servers, storage and bandwidth options for uploading content (“Experimental Services”).

Experimental Services do not form part of the License or any upgrade or support service of Foto Master, and may not be as reliable as the regular or official Foto Master’s services.

Experimental Services are generally designed to collect user feedback and comments, and are confidential and not intended for use in public events.

YOU ASSUMES ALL RISKS AND COSTS ASSOCIATED WITH YOUR USE OF THE EXPERIMENTAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY BACKUP EXPENSES AND ANY DIRECT OR INDIRECT LOSSES OR DAMAGE RELATED TO EQUIPMENT, SOFTWARE, INFORMATION, CONTENT OR DATA OF ANY KIND OR NATURE.

THE EXPERIMENTAL SERVICES ARE NOT DESIGNED TO COLLECT, PROCESS OR STORE PERSONAL INFORMATION OF ANY DATA SUBJECT(S).

The Experimental Services are provided to you on the basis of “AS – IS” and “AS – AVAILABLE”, and without warranties of any kind or nature.

Foto Master may stop providing the option to use the Experimental Services at any time and for whatsoever reason.

Additional Terms for Cloud Services

Foto Master may enable you to use certain beta cloud services for testing and evaluation purposes. These beta cloud services shall be part of the Experimental Services as defined hereinabove, and subject to their limitations (“Beta Cloud Services”). The Beta Cloud Services may allow you to upload and store content on cloud servers with limited storage space and bandwidth. The Beta Cloud Services are provided for free and do not form any part of the License or the Subscription Plan, and may be subject to additional terms.

In addition to the Beta Cloud Service, you may be able to purchase from Foto Master paid cloud service (“Paid Cloud Service”). The Paid Cloud Service shall not form any part of the License or the Subscription Plan, and will be subject to additional and separate terms of use.

The Beta Cloud Services and the Paid Cloud Services shall be collectively referred to as the “Cloud Services”.

Your use of the Cloud Services will be subject to the restrictions imposed on your use of the Software under this Agreement, mutatis mutandis.

In addition, you shall not initiate any disruption of the Cloud Service, including by a way of unauthorized access, penetration testing, crawling or distribution of malware, and shall not take any actions that may negatively affect the performance of the Cloud Services.

Updates and Changes to the Software

Foto Master may, from time to time and without your permission or consent, update and change Software configurations or features. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely, and Foto Master will determine the content, features and functionality of the update or Software change in its sole discretion. You may need to purchase a Subscription Plan and/or download and permit installation or activation of all available updates to obtain maximum benefit from the Software updates. Foto Master in its sole discretion will determine when and if updates are appropriate and necessary.

Third Party Platforms, Information and Privacy

Certain services available through or by the Software may enable you to share or link content to or with third party’s platforms (e.g. social media). You acknowledge that Foto Master has no control or responsibility over the legality, privacy and data security practices or methods of such third parties’ platforms and services.

Foto Master may access, process and use personal data about you or your end users in connection with your use of the Software (“Personal Data”). Foto Master will use and process the Personal Data in accordance with its privacy policy which is incorporated by reference at https://fotomaster.com/policies/#privacy-policy and forms an integral part of this Agreement.

Consent for Processing End User Personal Data

You will comply with all data protection and privacy laws and rules applicable to you with respect to the Personal Data.

You hereby agree and acknowledge that any Personal Data related to your end users or your client’s end user which is transmitted through or processed by the Software during events or other activities, including photos taken or captured by the Software, has been collected and obtained by you with all applicable authorizations, consents and permits required by law for such an operation, and you acknowledge Foto Master’s use of such Personal Data.

In this instance, you may conspicuously post a privacy policy or other statement notifying your end users about the personal data you are going to collect and use and how you will use it.

ACCORDINGLY, YOU ASSUME ALL RISKS AND LIABILITIES ARISING OUT OF YOUR FAILURE TO ACT AS MENTIONED ABOVE.

Customer Permissions

You grant Foto Master a permission to use your business logo or trademark on the Foto Master website, social media pages, or any other marketing material when referring to you, your content or your business.

By tagging on social media platforms photos, videos or other content using #FotoMaster or similar tags, you grant Foto Master a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and make available of the tagged content, in whole or in part, through any media means, for promotional and marketing purposes.

Foto Master Materials

Foto Master may give you a non exclusive access to its tutorials, help files, manuals, marketing materials, photos and videos made available to you as part of the purchase package (“Foto Master Materials”). Foto Master fully retains all copyrights in and to the Foto Master Materials.

You shall not sell, rent or otherwise distribute Foto Master Materials to any other third party without receiving Foto Master’s prior written consent. Foto Master shall have the exclusive right to instruct you, at any time, to cease from use of the Foto Master Materials or to remove any of the Foto Master proprietary assets (e.g., Software animations, graphic element, product designs) contained in any promotional content you may generate, in the event that Foto Master deems, in its sole discretion, that such use may violate Foto Master’s rights, benefit its competitors, or otherwise violate any other third party’s legal rights.

User Content

You may be able to upload, transmit and share content of you or your end user through the use of the Software (“User Content”). You are the sole responsible for having all the necessary consents and permissions from the User Content owners that such operations does not violate any third party's intellectual property rights or other legal rights, including without limitation, any privacy rights, publicity rights, and copyrights.

By uploading, sharing or otherwise transmitting User Content to or through the Software, you grant to Foto Master an irrevocable, unlimited, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license, to use, copy, distribute, modify, display, transmit, make publicly available and create derivative works of the User Content through any media means and for commercial and promotional purposes. You warrant and acknowledge that the User Content’s
owner waives his moral rights in or to the User Content with respect to the Foto Master’s use of the User Content.

Confidentiality

The Software contains source code, trade secrets, and other confidential information of Foto Master and/or its licensors, that may include, without limitation, information relating to the performance, operation, know-how, processes, methods, algorithms, software code, structure, architecture, reliability or stability of the Software (“Confidential Information”). You acknowledge and agree to hold the Confidential Information in strict confidence and to not disclose or otherwise distribute it to any third party without Foto Master prior written consent.

Limitation of Liability

THE SOFTWARE, AND ANY AND ALL COMPONENTS, FILES, DATA, AND MATERIALS THEREOF, ARE DISTRIBUTED AND PROVIDED TO YOU ON THE BASIS OF “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS REGARDING TO FITNESS FOR SPECIFIC
PURPOSES OR COMMERCIAL REVENUE, DESIGN, CAPACITY, RESPONSE TIME, PERFORMANCE, TITLE, AND NON-INFRINGEMENT.
ALTHOUGH FOTO MASTER IS MAKING EFFORTS TO ENSURE PROPER OPERATION OF THE SOFTWARE, FOTO MASTER DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED AT TIMELY MANNER AND IN A PROPER WAY, OR THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM, DEVICE OR NETWORK ON WHICH THE SOFTWARE IS INSTALLED ON OR INTERFACED WITH, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ANY OTHER ATTACK.

IN NO EVENT WILL FOTO MASTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF FOTO MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; (C) WASTED EXPENDITURE, LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES, EVENTS, SAVINGS, OR TIME; (D) LOSS OF USE OF ANY DEVICE, LOSS OF DATA OR INFORMATION OF ANY KIND AND NATURE.

FOTO MASTER HAS NO CONTROL OVER THE AVAILABILITY OR ACCESSIBILITY OF THE SOFTWARE, INCLUDING WITH RESPECT TO ITS INTERFACING WITH OTHER THIRD PARTIES’ PLATFORMS OR SERVICES. FOTO MASTER SHALL HAVE NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY ACTION TAKEN BY SUCH THIRD PARTIES IN RELATION TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (A) REMOVING THE SOFTWARE FROM THIRD PARTY’S PLATFORMS; (B) LIMITING OR PREVENTING THE ACCESSIBILITY TO OR THE AVAILABILITY OF THE SOFTWARE, FOR WHATSOEVER REASON.

FOTO MASTER SHALL HAVE NO RESPONSIBILITY FOR ANY DEACTIVATION, UNAVAILABILITY OR IMPAIRING OF ANY FEATURE, CHARACTER OR CONFIGURATION OF THE SOFTWARE INTERFACING WITH OR DEPENDING ON ANY THIRD PARTIES’ PLATFORM OR SERVICE.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, hold harmless, and defend Foto Maste, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses and liabilities of any kind and nature, including reasonable attorneys’ fees, arising out of or in connection with your use of the Software in violation of this Agreement, or your violation of any third party rights, including without limitation, any intellectual property or
privacy right.

Promotional Content

You consent that Foto Master may send you promotional and marketing content about its products and services (“Promotional Content”), either through email, phone, online chat, social media platforms or any other communication means. You have the right to ask Foto Master at any time to stop sending the Promotional Content to you, by sending an email to support@fotomoaster.com or by using the unsubscribe mechanism included in the Promotional Content.

Informational Communications

Foto Master may contact you on matters concerning its services, including with respect to billing or other technical or informational issues. To the extent permitted by applicable law, you may not be able to unsubscribe from receiving these communications.

Class Action Waiver

To the maximum extent permitted by applicable law, you and Foto Master expressly agree to not seek or bring in, join, be part of or participate in any class or representative action or any other legal action where an individual or entity acts as part of a collective, with respect to any dispute or claim arising out of or in connection with this Agreement.

Term and Termination

The License shall commence on the date Foto Master makes the Software available to you for download, and ends on the expiration date of the License term or upon termination. Foto Master may terminate the License immediately upon your breach of any of the Agreement’s provisions not fully cured within five (5) days after receipt of written notice of the breach. No refunds will be available in any case of termination, for whatsoever reason.

Upon termination of the License, you shall immediately cease all use of the Software and any copies thereof, including Software key, and return to Foto Master all Confidential Information you possess or control over. Upon request, you will provide Foto Master with a written confirmation for your compliance with these requirements.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Israel.

Exclusive venue for all disputes and claims relating to this Agreement shall be in the courts located in Hamerkaz district, Israel. Without derogating from the above, This Agreement shall be governed by and construed in accordance with the laws of Israel. Exclusive venue for all disputes and claims relating to this Agreement shall be in the courts located in Hamerkaz district, Israel.

Without derogating from the above, you agree that Foto Master shall have the exclusive right to seek injunctive relief or other equitable relief with respect to any breach of this Agreement in the jurisdiction where you are located or operate business, in addition to any other remedy to which Foto Master is entitled at law or in equity.

The application of the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded.

Amendments to the Agreement

Foto Master may change, modify, update or otherwise amend this Agreement at any time, in its sole discretion and without providing you with a notice (“Amendments”). All Amendments shall be effective upon posting the amended Agreement on Foto Master’s website, or when you next access the Software, whichever is earlier.

Export

You shall not use or otherwise export or re-export the Software except as authorized by applicable laws and regulations.

Force Majeure

To the extent permitted by applicable law, all payment, fees, and restrictions obligations under this Agreement shall remain in full force and effect under all conditions and shall survive any force majeure event(s) and circumstances that may result, directly or indirectly, from acts of God, fires; floods, hurricanes, wars, civil or military disturbances, sabotage, strikes, epidemics, COVID – 19 effects and any other events or circumstances beyond reasonable control.

Open Source

The Software may contain open source software, available in accordance with their relevant licenses and documentation.

No Waiver

Failure or delaying by either party to enforce any right under this Agreement shall not be considered as a waiver for that right.

Entire Agreement

This Agreement constitutes the entire agreement between you and Foto Master and shall govern your use of the Software in all aspects. This Agreement supersedes any prior agreements, proposals or understandings, whether orally or not, between you and Foto Master in relation to your use of the Software.

For any question or issue concerning this Agreement, please contact: support@fotomaster.com.

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