Terms of Use
Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Bareli’s Media or its affiliates (individually and collectively, the “Site” or “Website”)
1. ACCEPTANCE OF TERMS
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Bareli’s Media Company (“Bareli’s Media”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use.
1.2 Bareli’s Media may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of barelis.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
2. INTELLECTUAL PROPERTY; LICENSE TO USE
2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with Bareli’s Media, and the law, you may access and use the Site. Bareli’s Media remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Bareli’s Media may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Bareli’s Media’s sole discretion. Bareli’s Media provides the Site on an “as is” and “as available” basis.
2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (individually and collectively, the “Bareli’s Media” or “Bareli’s Media Content” or “Content”), as well as the selection and arrangement of the Bareli’s Media Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Bareli’s Media Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Bareli’s Media, Bareli’s Media does not grant any express or implied permission to use the Site or any Bareli’s Media Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Bareli’s Media Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Bareli’s Media Content.
2.3 Unless you enter into a license agreement with Bareli’s Media you may not download, distribute, display and/or copy any Bareli’s Media Content.
2.4 You may not remove any watermarks or copyright notices contained in the Bareli’s Media Content.
2.5 Upon purchase of a Content and subject to fulfilment of all your undertakings according to the Agreement, you are hereby granted a personal, non-exclusive, non-transferable license (hereinafter: the “License”) to download, use, copy, modify, edit, present, play in public or/and distribute Content in all existing means of media, inclusive of smartphones, tablets, personal computers, in various internet sites, in social networks, in online stores, in video sharing sites (such as Vimeo, YouTube and so on, on television and in any other known means, and inclusive of by CDs or any other data storage device, and for advertisement, presentations, commercials, applications, games, animations, slides, clips, multimedia, software, films, digital media, various programs (hereinafter: the “Projects”), as well as integrating them for the production of the Projects as mentioned.
2.6 The License gives you the right to make reasonable use of the Site and the Content on it, and does not limit the number of Projects in which you are entitled to use the Content you purchased and downloaded from the Site. It is hereby clarified that downloading Contents from the Site by any automatic means such as software, bots, or any other technical means will not be considered a reasonable use and is prohibited.
3. LIMITATION OF USE
3.1 You hereby undertake not to make any use of the Content except as part of Project.
3.2 You hereby undertake not to sell and/or transfer and/or share and/or give a license to use and/or present and/or play in public and/or copy and/or distribute in any manner any use of the Content not as part of a Project, whether for any consideration or for no consideration. It is forbidden to use the Content in a way that enables third parties to download, extract or distribute the Content in their original form (meaning as a standalone file, with no regard to the Project).
3.3 The Content may not be sold, licensed, distributed or incorporated/included in any other video collection, video library, data base, collection or in any other manner which allows the use or granting of licenses in the Content for the Projects as detailed in this agreement. Furthermore, you hereby undertake not to store and/or share and/or upload the Content as an independent file to any internet site and/or enable access to it by any other third party (inclusive of file sharing or social media networks such as YouTube, Facebook, Twitter and so on), but as part of the use of the Content as part of a Project.
3.4 You may not make any use of the Content or the Site which is not explicitly granted hereunder.
4. FORBIDDEN USES
4.1 It is forbidden to use the Content in any manner which is immoral and/or illegal (including contrary to any court order, or in violation of any third party rights, including copyright, trademark or rights of privacy or publicity) and/or in any other manner which may damage the Site’s reputation or harm third parties, and inclusive of any manner which might violate the rights of third parties.
4.2 It is forbidden to use the Site and the Content in a manner which might damage, block, overload or harm the Site, the communication networks and any communication equipment, or to interrupt any other user’s use of the Site. You may not attempt to obtain unauthorized access to the Site, the Content, other user’s accounts or computer systems or networks connected to the Site by any means whatsoever.
4.3 The Site may demand that you immediately cease using any Content in case the Site receives a notice according to which the Content might be violating any third party rights, or which the Company believes it may be violating third party rights.
4.4 If you use Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexual transmitted diseases), you must indicate:
(i) that the Content is being used for illustrative purposes only,
(ii) any person depicted in the Content is a model. For example, you could say: “Stock footage. Posed by model”
5. BARELI’S MEDIA TRADEMARKS
5.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Bareli’s Media.
5.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Bareli’s Media Trademark, unless expressly conferred by these Terms of Use.
5.3 You agree that you will not use Bareli’s Media’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Bareli’s Media.
5.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Bareli’s Media Trademarks or the Trademark rights claimed by Bareli’s Media.
5.5 You agree that you will not use any Bareli’s Media Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
5.6 You may not at any time, adopt or use, without Bareli’s Media’s prior written consent any word or mark which is similar to or likely to be confused with Bareli’s Media’s Trademarks.
5.7 The look and feel of the Bareli’s Media website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Bareli’s Media and may not be copied, imitated or used, in whole or in part, without the prior written consent of Bareli’s Media.
5.8 All other trademarks, product names, and company names or logos used or appearing on the Bareli’s Media website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bareli’s Media, unless expressly so stated.
5.9 You may not use a Bareli’s Media trademark, logo, Image or other proprietary graphic of Bareli’s Media to link to the Bareli’s Media website without the prior written consent of Bareli’s Media.
5.10 You may not frame or hotlink to the Bareli’s Media website or any Image without the prior written consent of Bareli’s Media.
6. INFORMATION YOU PROVIDE
6.1 Bareli’s Media (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Bareli’s Media subject to your agreement with the applicable third-party platform. Bareli’s Media’s collection and use of all such information shall at all times conform to this Terms of Use, the Bareli’s Media Privacy Policy, and applicable law.
6.2 Bareli’s Media will use and protect your personal information, such as your name and address, in accordance with the Bareli’s Media Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
7. YOUR CONTENT
7.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that:
(i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein;
(ii) Bareli’s Media will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content;
(iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
7.2 By uploading Your Content, you grant Bareli’s Media an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
7.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
Exploits minors;
Depicts unlawful acts;
Depicts animal cruelty or violence towards animals;
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
Violates any law, statute, or regulation.
7.4 You may not use any Bareli’s Media Content for any purpose without first obtaining a license to use such Bareli’s Media Content. Any use of Bareli’s Media Content by you shall be governed by the applicable license agreement separately entered into between you and Bareli’s Media. Displaying and/or distributing to the public any watermarked or unlicensed Bareli’s Media Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
8. INFRINGEMENT CLAIMS
8.1 If you believe that any Image or other material made available by Bareli’s Media infringes upon any copyright that you own or control, you may notify Bareli’s Media.
9. LIMITATIONS
9.1 You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Bareli’s Media or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Bareli’s Media or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
10. RESTRICTION AND TERMINATION OF USE
10.1 Bareli’s Media may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Bareli’s Media Content at any time in Bareli’s Media’s discretion, without prior notice or liability to you. Any conduct by you that, in Bareli’s Media’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
11. LINKS TO THIRD PARTY SITES
11.1 In the event that the Site is available through any third-party platform, or if Bareli’s Media provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Bareli’s Media makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Bareli’s Media, and Bareli’s Media provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Bareli’s Media.
12. WARRANTIES AND DISCLAIMERS
12.1 Your use of the Site is at your own risk. The Site is provided by Bareli’s Media under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Bareli’s Media expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Bareli’s Media makes no warranty that:
(i) the Site will meet your requirements;
(ii) access to the Site will be uninterrupted;
(iii) the quality of the Site will meet your expectations; and
(iv) any errors or defects in the site, services or materials will be corrected. Bareli’s Media makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Bareli’s Media will continue to support any particular feature of the Site.
13. INDEMNIFICATION
13.1 You agree to defend, indemnify and hold harmless Bareli’s Media, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Bareli’s Media Content, or your violation of any rights of another.
14. REFUNDS
14.1 Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the following terms has been breached;
Item is “not as described and not as previewed”:
If an item is materially different from the item description, a preview or a sample file, you will be entitled to a refund.
Item doesn’t work the “way it should”:
If an item doesn’t work the way it should and can’t easily be fixed This includes situations where the item has a problem that would have stopped you from buying it if you’d known about the problem in the first place. If the item can be fixed, then the author is required to do so promptly by updating the item otherwise you are entitled to a refund of that item.
14.2 Bareli’s Media will have no obligation to provide a refund or credit in situations like the following:
you have changed your mind about an item;
you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill; or
you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
14.3 If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase, unless we notify otherwise.
15. MISCELLANEOUS
15.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the Israeli Institute of Commercial Arbitration in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Israel. The language of the arbitration shall be English or Hebrew. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Bareli’s Media shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Bareli’s Media, such action is necessary or desirable.
15.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Israel, without respect to its conflict of laws principles.
15.3 In the event of any conflict between these Terms of Use and any license agreement you enter with Bareli’s Media, the terms of such license agreement shall control.
15.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.