Terms of Service
1.Acceptance of Terms
1.1.Burkiberk Ltd. (“Company”) offers an on-line self-service platform for creating personalized animated movie for special events and occasions, and any other complementary merchandise as will be offered by the Company from time to time in its sole discretion (the “Service”), and will charge fees for the purchase of the Offline Movies (as defined below) and merchandise as aforementioned. Access to the Service is available from the following domain http://www.cadaboo.com (the “Site”).
1.3.BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SITE AND/OR THE SERVICE.
1.4.By using the Service You represent that You are of legal age to form a binding contract with Company, which in no event will be less than 13 years of age (“Legal Age”). If You are less than Legal Age and at least 13 years of age, You may use the Services, provided that Your parent or legal guardiadsfdsn has: (i) consented to Your use of the Site and the Services, and to Your provision of personal information in connection to the Services; and (ii) read and accepted the Terms of Services on Your behalf.
1.5.Company reserves the right, at its sole discretion, to modify this Agreement at any time, effective upon posting an updated version of the Agreement on the Site. Your continued use of the Service or the Site after any such changes shall constitute Your acceptance of the new Terms of Service. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes. If any of the changes are unacceptable by You, You should leave the Site and discontinue use of the Service immediately.
2.Use of Services
2.1.Company grants You a limited, personal, non-exclusive and non-transferable license (i) to use the Service to create Online Movies (as defined below); and/or (ii) to download the Offline Movies from the Site (subject to full payment by You of the purchase price of the Offline Movies) and display the Offline Movies at events or occasions, or at any public display (including without limitation, Facebook, YouTube, etc.), solely for Your personal use and not for any commercial use.
2.2.You acknowledge and agree that You have no right to (i) take a picture of the Offline Movie by any media, including but not limited, video or camera of any type; and/or (ii) modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, distribute, sell, or in any way exploit any portion of the Services and/or the Offline Movies, in any manner, without Company’s express written permission. These limited licenses terminate automatically, without notice to You, if You breach any of these Terms of Services. Upon termination of these limited licenses, You agree to cease use of the Services and/or the Online Movies and to immediately destroy any downloaded Offline Movies.
2.3.For the purpose of this Agreement, the following terms shall have the meaning as set forth below:
“Online Movies” means an online editable version to be used by the User to create its animated movies via the Service, for free and for a period, which will be determined by the Company, at its sole discretion. In no event the User is allowed to download the Online Movies from the Site and/or display them in public.
"Offline Movies” means the final version of the Online Movies (or one of them) created by the User via the Service, subject to the User’s consent to purchase such version, all as specified by Company on the Site. Following the full payment by the User of the purchase price of the Offline Movies, the User will be allowed to download the Offline Movies from the Site, or in any other way the Company provides Offline Movies at that time, and display it in public, all in accordance to these Terms of Service.
Unless explicitly stated otherwise in these Terms of Service, Online Movies and/or Offline Movies shall be referred together and separately as the “Movie”.
3.1.In order to (i) purchase the Offline Movies; and/or (ii) save a draft version of the Online Movies, so from time to time you will be able to access the Account (as defined below) and continue working on Your Online Movies from Your last entry to that Account (including without limitation, making changes or adding new materials); and/or (iii) to create additional Online Movies under the same User, You will have to register an account via the Site (“Account”). To register an Account, You must provide us with a valid email address or any other information requested in order to complete the signup process. In consideration of use of the Service, You agree to provide accurate and complete answers to certain questions included in the registration form.
3.2.You are responsible for maintaining the security of Your Account, for all activities that occur or actions taken under the Account, and You must keep Your Account password secure. Company will not be liable for any loss or damage from Your failure to comply with this security obligation.
4.1.In creating a Movie using the Services, You might be asked to and/or might be able to upload and use Your own content, such as photos, images, graphics, text, or video segments and Your own audio content such as music and/or recorded voices (“User Content”). You are solely responsible for all User Content that You upload, or otherwise make available via the Service.
4.2.You retain full ownership of all of Your User Content and any intellectual property rights. In connection with the User Content, You represent, warrant and agree, that You will not: (i) upload any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, unless You are the owner of such rights or have permission from their rightful owner to use such material to create and/or display a Movie (as applicable), and to grant Company all of the licensed rights granted herein, provided, that you hereby acknowledge and agree that in no event You will be able to give credit to the rightful owner and/or the original author of User Content (or any part thereof) that have been uploaded by You via the Service; (ii) upload any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, rights of attribution, moral rights or any other proprietary rights of any party; and (iii) upload any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
4.3.You understand and agree that Company reserves the right (but is not obliged to), at any time, to refuse to upload or withhold any User Content via the Services, or to remove and/or discard any User Content available as part of Your Account, with or without notice to You, if deemed by Company, in its sole discretion, that You have violated any of the above prohibitions, including without limitation, infringe the intellectual property rights of others or any applicable law. Without derogating from the aforementioned, it shall be clarified that nothing in this Section 4.3 shall be construed to create any liability to the Company with respect to your User Content.
4.4.When You upload User Content via the Services, You authorize Company to use, create, modify, display, host and/or otherwise use Your User Content, solely to the extent necessary for Company to provide the Services as described herein, including without limitation, reformat, crop, modify, colorize and/or shrink images for the purpose of arranging them within the Movie.
4.5.For avoidance of doubt, once the Company provides You with a copy of the Offline Movie (following Your full payment for such Offline Movie), Company has no obligation to store, maintain or provide You a copy of any content that You provide when using the Service.
5.1.All rights, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, patent pending and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) registered and unregistered copyrights including, without limitation, any form of design, graphics, images, photos, icons, audiovisual displays, video, text, soundtracks, special effects, animation, backgrounds, and software, that You may use to create Your Movie using the Services (such elements may be either created by Company and/or by its third party licensors); and (v) all other intellectual property, proprietary rights or other rights related to intellectual property which are used, developed, comprising, embodied in, or practiced in connection with the Site and/or the Services, and any components thereof necessary used in connection with the Service, including any updates, enhancements, modifications or improvements made thereto ("Company’s Intellectual Property Rights"), are owned by, or are otherwise licensed to Company, and shall remain the property of Company (or that of its licensors).
5.2.You agree to make no claim of interest in or ownership of any Company’s Intellectual Property Rights, and that You do not obtain any rights, express or implied other than the rights expressly granted in this Agreement. Nothing in this Agreement transfers to You any rights of ownership of, or constitutes a license to use, Company’s Intellectual Property Rights other than to the extent expressly set out in this Agreement.
5.3.Title to the Offline Movie (as a whole and subject to the restrictions set forth in Section 2.2) shall be transferred to You only upon full payment to Company of the Fees (as defined below) associated with the Service provided for create such Movie. You agree that even though You may retain certain copyright or other intellectual property rights with respect to the Movie, You do not own the Account You use to access the Service, nor do You own any data Company stores on its servers (including without limitation any data representing or embodying any or all of Your User Content).
5.4.All suggestions of any type and kind with respect to the Site and/or the Service, that are made by You and which Company choose to accept, implement, use, upload or modify, You hereby assign transfer and convey to Company all Your worldwide right, title and interest in and to Your suggestions, and the complete right to exploit or otherwise use the suggestions or any portion thereof, in any form of medium, and all contract and licensing rights.
The Services may incorporate or be licensed under one or more of the following:
6.1. The use of “Apache Version 2.0” is subjected to the terms and conditions as specified in its license.
6.2.The use of “Amazon Web Services” is subjected to the terms and conditions as specified in its terms of services.
6.3.The use of certain images used in the Services are subject to the terms and conditions of 'Getty Images' Royalty-Free Image and Video License Agreement to which credit is provided herein.
8.Payment of Fees and Term
8.1.You have agreed to pay fees to Company for the purchase of the Offline Movies and/or any other complementary merchandise as will be offered by the Company from time to time in its sole discretion ("Fees"). Your use of the Services and any Movie created from it is limited to acceptable personal purposes as defined herein, or as specified by Company on its Site, and is subject to Your compliance with these terms and payment of the Fees. All Fees paid are nonrefundable. It is important that prior to the purchase of the Offline Movie, You checked and verified that this is the version of the Movie that you wish to purchase.
8.2.For User that are not registered, the Company is not obliged to maintain any work while using the Online Movie through the Service, including any User Content that was uploaded.
8.3.For registered User that has not purchased the Offline Movie, the Company will only continue to offer the Service, maintain any work in progress or hosted, while Your Account is open, as long as you have entered Your Account at least once a year. You understand and agree that in the event Your Account is terminated for any reason, Your ability to use the Service and access any work in progress or hosted will be disabled.
8.4.All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to Your use of the Service and payments You make to Company.
9.Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9.1.YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE AND/OR LOSS ARISING OUT OF THE USE OF THE SERVICE AND/OR WITH RESPECT TO THE USE OF USER CONTENT UPLOADED VIA THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
9.2.COMPANY DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF THE SERVICES, THE OFFLINE MOVIE PURCHASED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (v) ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE OFFLINE MOVIE WILL BE BACKED UP BY COMPANY OR THAT YOU WILL ALWAYS BE ABLE TO ACCESS YOUR MOVIE. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN OFFLINE MOVIE.
10.Limitation of Liability
10.1.IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATING TO DAMAGES (HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, OR IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR THE MOVIE, INCLUDING WITHOUT LIMITATION, THE SCREENING AND/OR ANY OTHER TECHNICAL DEVICE (SUCH AS: TABLET, LAPTOP, COMPUTER, ETC.) FAIL TO FUNCTION DURING THE DISPLAY OF THE OFFLINE MOVIE; OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE. COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICE IN QUESTION.
10.2.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless, from and against any and all loss, liabilities, damages, demand, or claims (including reasonable attorneys' fees), made by any third party due to or arising out of Your User Content, use of or connection to the Service, violation of these Terms of Service, or violation of any rights of another.
12.Interruption of Service
12.1.Company may refuse access to, interrupt, suspend or discontinue the Service and/or the Site and/or the Account, partially or entirely, in its sole discretion (“Interruption”), by posting notice on Site, 24 hours prior to such Interruption, for all users, and by sending an email, 24 hours prior to Interruption, to the registered users only. Without derogating from the abovementioned, the access to the Site and/or Your Account and/or the Services, may be interrupted, suspended or terminated from time to time, without prior notice to You, for any reason, including without limitation, due to: (i) circumstances either within or beyond Company’s control; (ii) technical difficulties; or (iii) violation of these Terms of Services, including without limitation, infringe the intellectual property rights of other.
12.2.You agree that Company will not be liable for You or any third-party for any interruption, termination or suspension of the Service and/or Your Account and/or the Site, or reimbursement of any fee. In the event that You have purchased the Offline Movie and have not yet received the link to download the Offline Movie, and during such period the Company interrupted or terminated or suspended the Services, only in such event, the Company shall reimburse You.
13.1.If any provision of this Agreement shall be unlawful, invalid, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
13.2.This Agreement may be assigned by Company in its sole discretion, to any third party at any time. You may not transfer or assign any of Your rights and obligations under this Agreement, and any attempt to do so will be null and void and a material breach of this Agreement.
13.4.Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
13.5.This Agreement shall be governed in all respects by, and interpreted exclusively in accordance with the laws of Israel. All disputed and differences shall be determined exclusively in competent court of Tel Aviv, and the Parties hereby consent to venue and personal jurisdiction therein.
13.6.The titles in this Agreement are provided only for Your convenience and are not to be used in interpreting the Agreement.s
Last version updated: November 11, 2012