Terms of Use


Accessing, browsing or otherwise using this Site is subject to these Terms of Use ("Terms").


Please read these Terms carefully before using the Site. By accessing browsing or otherwise using the Site, you express your consent to the Terms and to abide by them. If you do not agree to these Terms, you may not access the Site or use it in any other manner.


Welcome to www.Photo-Animator.weizmann.ac.il (the "Site"). The Site is owned and maintained by the Weizmann Institute of Science ("WIS" or "We"). These Terms set out the terms and conditions for using the Site.


The Site includes a demo version of photo animator tools ("Photo-Animator") based on photo animation technologies developed by WIS.


Important Clarification

The Photo-Animator is for demonstration purposes only. It does not constitute an offer, request for proposal, solicitation or inducement to engage in a commercial enterprise with WIS or any third party. It is provided for general initial informative purpose only.


The Photo-Animator

The Photo-Animator enables automatic or manual production of interactive video clips ("Clips"). PLEASE NOTE THAT IT IS AS A DEMO BETA VERSION STILL TO BE IMPROVED, FINE-TUNED, DEBUGGED AND POLISHED.


In order you create Clips using the Photo-Animator through the Site, you should use a photo of an object or person as explained within the Site*. You may use one of the example photos in the Site, or you may use your own photo.


Creating Clips - Important Precautions

You may download the Clips you create using the Photo-Animator to your computer*. You may also save and share the address ("Link") of its web page as long as it is valid (We do not guarantee that this ability will be available at all times or that your Clips will remain stored for any period of time**)


*Risks Associated with Files Uploading and Downloading - Warnings and Caution Measures -

Downloading or uploading files from or to the Internet involves in general, various risks including among others: Spoofing, eavesdropping, sniffing, breaking passwords, harassment, forgery, electronic trespassing, tampering, hacking, nuking, system contamination viruses, worms Trojan horses, mal ware, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful; Exposure to contaminated files; Unauthorized exposure of information;


You can reduce the risks by few precautions steps such as - back up your computer and data before conducting a file download or upload, upload files from stand alone computer, download files to a stand alone computer and to an empty designated folder (You can even use an external storage device), scan the file with updated anti virus program and with updated anti spy-ware and mall ware program. These measures may not prevent all risks or possible damages, However they should diminish risks associated with downloading, uploading storing and running or opening files.


** We do not guarantee that your Clips will not be deleted from the Site. Various processes and activities may include data deletion (e.g. maintenance, changes to the Site the Photo-Animator, compliance with court order, avoiding possible infringement in case of third parties demands etc, replacing damaged storage mediums, etc) In addition data may be unintentionally deleted or destroyed due to a mistake or due to external factors such as virus, warm or any other mal-ware. Therefore, we advise you to download and save your Clips to avoid their loss.


Respect Other's Rights

Please respect other's rights and refrain from any usage which infringes other's rights such as usage of copyrighted photos in a way that infringes their owner's copyrights, or usage which is defamatory, invasive to privacy or is otherwise illegal.


If you use photos of third parties to create Clips please note that you may use Photo-Animator only as long as you are legally entitled to such a usage and as long as such usage is not prohibited under these Terms or otherwise prohibited by law.


YOU MAY NOT USE Photo-Animator TO INFRINGE UPON INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, including copyrights, patents, trademarks, trade secrets, designs or any other rights. You are solely responsible to make sure that you hold all licenses and consents to the photos that you are using.


We Respect the Intellectual Property of Others.

Except for providing an online application, WIS is not involved in the creation or usage of the Clips by users.


WIS reserves the right to deploy any necessary measures limiting or blocking access from users who are repeated infringers.


Request to Remove Clips and Take down policy


If you believe that certain Clip that is stored on the Site infringes your copyright, you may send our Copyright Agent a written notification that includes substantially the following:


(1)   In case the sender is the copyright owner representative - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


(2)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;


(3)   Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;


(4)   Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;


(5)   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;


(6)   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


After receiving your communication, we may ask you to provide us with further or supplemental information, prior to removing any content from the Site, as we deem necessary to comply with the provisions of the DMCA. We may also provide the person who Posted the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
E-mail address of our designated copyright agent is: photoanimator@gmail.com


Blocking, deleting or removing Clips - When the Copyright Agent receives a notification from a copyright owner who believes that his copyrights were infringed by a certain Clip. We will block, delete or remove the Clip and if possible send its creator an e-mail notice.


Monitoring Clips

WIS We reserves the right, but is under no obligation, to decide whether a Clip complies with these Terms. Clips that are found incompatible may be deleted, removed or blocked without any notice to you.


Privacy

We respects the privacy of all visitors to the Site. We follow the privacy policy of Yeda research and development company Ltd ("Yeda"), the WIS commercial arm's privacy policy ("Privacy Policy"), which constitutes an integral part of these Terms. Given that the Privacy Policy may change from time to time, it is recommended that you read it periodically.


Click here  to read Yeda's current  Privacy Policy .


Permitted Use

You may use the Site including the Photo-Animator for internal use only (personal use for your own internal purposes, only) and subject to these Terms. While exercising the above permission you may download and copy Clips you created using the Photo-Animator.


User Responsibility


You agree that you are the sole responsible for your use of Photo-Animator and any Clips that you create. You are further responsible for any usage of the Clips you download share or otherwise make available. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to create, use and authorize WIS to use Clips as specified in these Terms.


Non Permitted Use

You may not use the Site for any use which is not precisely permitted within these Terms. Without limiting the foregoing you agree to refrain from the followings:


   Infringe these Terms;
   Send, post, disseminate, transmit or otherwise make available:
        º   viruses, Trojan horses, worms and any other malicious application to computers or networks;
        º   any information or material which may constitute or encourage conduct that would constitute a criminal offense or civil wrong doing or otherwise violates any applicable law;
        º   any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, obscene or racially, ethnically or otherwise objectionable;
        º   any information or material which may be deemed an invasion to privacy or infringement of publicity right.
   Interfering with or disrupting the functionality of the Site;
   Using robots, crawlers and similar applications to collect and compile content from the Site;
   Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
   Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
   Collecting or processing personal information of the Site's users without their explicit consent;


Proprietary Rights

The Site its content, tools and applications including the Photo-Animator or other works included or embedded within are in the exclusive ownership of WIS (or related third parties). WIS retains all rights, title and interest in the Site, including without limiting: patents, copyrights, trademarks, trade names, domain names, service marks, trade secrets and other intellectual property rights.


Without derogating from the above usage permission (the section "Permitted Use"), and unless otherwise expressly permitted you may not reproduce, distribute, transmit, publish, make available to the public, execute publicly, or otherwise use the site including the Photo-Animator, without prior written permission from WIS.


WIS has irrevocable, unlimited, royalty free, sublicense-able, right to use all information (excluding personal information, but including any idea, innovation, opinion, commentary, criticism etc.) that you shall submit or use while using Photo-Animator or the Site.


Clips you create are your own property subject that you hereby grant WIS a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform, publicly or privately, the Clips (including permission to grant the Site users all of the above permissions) you created using the Photo-Animator.


You may not use WIS's logos, trade dress, trade marks and names (or third party's logos trade marks or names that appear within the Site) without prior written permission from WIS. Without limiting the foregoing you may not use them in any manner that infringes WIS rights, likely to cause confusion, dilutes, disparages or otherwise impairs or negatively effect WIS's intellectual property rights.

You may not alter or remove any trademark, copyright or other notice from copies of the content used according to the permission set forth in these Terms.


Links to this Site

Subject to your compliance with these Terms WIS grants you a limited, nonexclusive and revocable permission to create hyperlinks to the home page of the Site, subject that: (1) such link does not negatively effect WIS goodwill (2) such link does not portray WIS, or its activities in a false, misleading, derogatory, or otherwise offensive manner. You may not use WIS trade marks or logos as part of the link without WIS prior written permission.


Links to Other Sites of Third Parties

The Site may contain links to other websites provided by third parties. WIS does not endorse, operate or monitor these websites or confirm their content accuracy, validity or their availability.


Site and Photo-Animator Availability

The Site's (including the Photo-Animator) availability is dependent on various factors including external ones such as communication networks, web access suppliers etc. These factors are not fault free hence we cannot guarantee that our Site will be 100% available, secured or error free. We use reasonable efforts to ensure that the Site will be as error free and accessible as reasonably possible. Nevertheless, we do not guaranty, warrant or represent, that the Site will actually be free from error and available at all times. In addition please note the Photo-Animator is a beta demo version. It is not error free and might not work properly or at all.


Disclaimer of Warranty

YOU ACKNOWLEDGE THAT THE SITE (THE Photo-Animator INCLUDED WITHIN AND CLIPS CREATED OR ATTMPT TO BE CREATED USING THE Photo-Animator) IS BEING PROVIDED AS IS, AND THEREFORE, YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST WIS IN RESPECT OF THE SITE'S PROPERTIES, ABILITIES, AVAILIABLITIY, LIMITATIONS, FITNESS FOR PURPOSE NON OR POOR PERFORMANCE. THE USE OF THE SITE IS ACCORDINGLY AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

WE DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM THE SITE OR LINKED TO ANOTHER WEB SITE. WE DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEB SITE (including the Photo-Animator and the Clips) IS FREE FROM MALL FUNCTIONS, HARMFUL COMPONENTS ETC. USE OF THE SITE OR CLIPS OR INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK.


Limitation of Liability

YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST WIS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON ITS BEHALF, IN RESPECT OF THE SITE OR THE CLIPS THEIR USAGE INCLUDING INABLITIY TO USE THEM OR IN RESPECT TO ANY CONTENT UPON WHICH YOU DECIDE TO RELY.


WIS WILL NOT BE DEEMED RESPONSIBLE FOR ANY ERROR IN THE SITE OR THE CLIPS OR THE INABLITY TO USE THEM.


IN NO EVENT, WIS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON ITS BEHALF, WILL BE LIABLE IN TORTS CONTRACRTS OR IN ANY OTHER CAUSE OF ACTION FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, INCOMFORT, EXPENSE OR PAYMENT CAUSED TO YOU DUE TO THE USE OF THE SITE THE CLIPS OR THE INABILITY TO USE THEM.


Changes

We may change these Terms from time to time. The changes will take effect seven days after their initial publication on the Site, unless the changes are: for your own benefit, due to legal requirement, due to an instruction of authorized authority, or relating to new feature (or new service section etc) whether as an Additional Terms or as part of these Terms, then the change shall become effective immediately.


General

These Terms and the  Privacy Policy  constitute the entire agreement with respect to the subject matter hereof and they supersede any and all other agreements.


Governing Law and Jurisdiction

These Terms shall be exclusively governed by the laws of the State of Israel, without giving to conflict of laws principles. The competent courts in Tel Aviv City will have exclusive jurisdiction and venue over any matter regarding or relating to these Terms or the Site.



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