INTRODUCTION
The following Terms of Use (these "Terms of Use") are a legally binding agreement governing your use of the products and services available at the website located at the URL www.jpegmini.com (the "Site"), which was created, and is controlled and operated by Beamr Imaging Ltd. ("Beamr Imaging", "we", "us", "ours"). "you", "your" and "user", as applicable means the person or entity registering onto or otherwise using the Site and/or Service (defined below). The Service is provided solely for your own use.These Terms of Use describe the terms and conditions under which we offer you our JPEGmini's proprietary technology in its various forms (collectively, the "Service") which may be used on the Site, a downloadable software application, or on your website or affiliated websites via any software code that we may make available to you from time to time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
By registering, clicking "I Agree" or otherwise accessing, using and/or participating in the Service, you represent that you are capable of entering into and performing legal agreements, and that you agree to be bound by these Terms of Use and the Privacy Policy in this Site.If you register on behalf of a business, you represent to Beamr Imaging that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business.If you do not agree to all of these Terms of Use and the License, then you may not access the Site or use the Service. The Service is available only to individuals who are at least 13 years old. If you do not so qualify, do not attempt to register for or use the Service.
MODIFICATIONS OF TERMS OF USE
Beamr Imaging reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. Please review these Terms of Use from time to time, to make sure you are updated on the most recent version of these Terms of Use. Your continued use of the Service constitutes your acknowledgement and consent to the amended Terms of Use.
DESCRIPTION OF SERVICE
A. The Service provides photo optimization to reduce the file size of users’ photos. Users insert their photos and use the Service to optimize and reduce the size of their photos while maintaining to the extent possible the quality of the photos.
B. You remain the owner of your photos and optimized photos. You may download the photos from the Service, erase them from the Service and upload your optimized photos to Flickr and Picasa. You may also share your optimized photos through Facebook. You acknowledge that uploading to Picasa and Flickr, and sharing on Facebook, is done directly from our Site and in order to enable your access to your optimized photos you will be required to provide us with your account credentials for Facebook, Google, Flickr and Picasa. You hereby grant us permission to use such credentials for such purpose.
C. The Service is provided on a personal basis and you may not transfer your rights as granted herein to any third party. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purposes.
D. Beamr Imaging may, in its sole discretion: reject, suspend, access to, or remove any of your Content from the Service at any time that Beamr Imaging deems it unsuitable or infringing.
E. All Content uploaded or otherwise inserted to the Service is provided by our users. Beamr Imaging does not verify the qualifications of users, nor does it evaluate, screen, control or monitor in any ongoing manner the Content inserted by users to the Service.
F. You are responsible to back up your Content before uploading it onto our Service. When you upload photos to the Service, the original resolution, quality and/or format of your photos may be modified. Furthermore, your original photos are normally removed from our Service immediately after they were optimized, while your optimized photos are normally removed one week after they were created. Therefore, you should always preserve your original Content, or make back-up copies of such Content (including your optimized photos), on your personal system. You should not use the Service as the only repository or other source for your Content.
G. Beamr Imaging may add, change, suspend or discontinue the Service, in whole or in part, for any reason, at any time, including the availability of any feature, or Content, without notice or liability to you. Beamr Imaging shall not be responsible nor held liable for any failures, errors, unavailability and/or damages to your Content and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of any Content inserted into or provided by the Service.
You understand and agree that the Service may be supported by advertising. The Service may display advertisements and promotions on or through the Service, including, third party applications. The manner, mode and extent of advertising by Beamr Imaging on the Service are subject to change at Beamr Imaging's sole discretion.
H. The Service may provide links and application to other Internet websites or resources. Because Beamr Imaging has no control over such websites and resources, you acknowledge and agree that Beamr Imaging is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
USER SUBMISSIONS
A. You are solely responsible for all content you transmit or submit to Beamr Imaging or through the Service, whether created by or for you, including but not limited to graphics, images, files, photos, animation, artwork, text, data, information, scripts or other material (collectively, "Content"). Beamr Imaging disclaims all liability relating to your Content. As more fully set forth in this section, you may not submit Content that contains any pornographic, infringing, hate-related, violent or illegal content.
B. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By using the Service you grant Beamr Imaging and our designees for as long as such Content is posted or displayed through the Service a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, right to use, host, store, index, reproduce, distribute, create derivative works of, and display and perform your Content on the web and on mobile devices. This license is for the sole purpose of enabling Beamr Imaging to provide the Service to you, and may be revoked simply by removing the Content off of the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
C. You may permit third parties to view your Content by providing them access to your optimized photos, either through Facebook, Flickr, Picasa or through other platforms. You are solely responsible to ensure that such parties use your Content in accordance with these Terms of Use.
D. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your Content, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the Content to use such individual's image, for purposes of using the Service in the manner contemplated by these Terms of Use, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Beamr Imaging a copy of any such consents, releases and/or permissions upon Beamr Imaging's request). If you do submit a Content that contains the image of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Content.
E. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Beamr Imaging's part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that Beamr Imaging may (but is not obligated to) do any or all of the following, at Beamr Imaging.s discretion: (a) screen, monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party solely to the extent necessary in order to (i) operate the Service; (ii) to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; and (iii) to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
F. Please note that Beamr Imaging may also provide users with an automated method of reporting Content that they believe to be inappropriate. If Beamr Imaging does provide such a method, Content may be automatically removed from the Service; Beamr Imaging is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Service.
USER CONDUCT
A. As a condition of use, you agree not to use the Service or the Content for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Beamr Imaging. By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other Beamr Imaging users or Content providers;
in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Beamr Imaging user;
to create or submit unwanted email (Spam) to any other users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
to bypass any measures we may use to prevent or restrict access to the Site;
Beamr Imaging, in its sole discretion, may remove any Content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time. Please see our copyright policy below.
REGISTRATION
A. You may our Service either by registering directly on the Site or by connecting to your Facebook account or Google account. When you set up your JPEGmini account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Beamr Imaging reserves the right to terminate your access to and use of the Service. Beamr Imaging.s use and disclosure of any such information that you provide is governed by Beamr Imaging.s Privacy Policy. As part of the account set-up and registration process, you may be asked to select a username and password. Beamr Imaging may refuse to grant you a username for any reason in its sole discretion, including in the event that it determines that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. Your username and password are personal. You agree not to transfer or resell your use of or access to the Service to any third party.
B. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
INTELLECTUAL PROPERTY
A. The Service is protected by federal and international copyright, trademark and other intellectual property laws. All right, title and interest in and to the Site, the Service, compilations, magnetic translations, digital conversions, software and other materials related to the Service and any derivatives thereof including any intellectual property rights therein are and shall remain at all times the sole and exclusive property of Beamr Imaging. All data related to the Site and/or collected by way of the Service on any website shall be the sole property of Beamr Imaging. You acknowledge that you do not acquire any ownership rights in or to the Service or such data
B. All third-party media is the property of the respective third parties. All pages within the Service are the property of Beamr Imaging (provided that such pages may contain or link to third-party intellectual property). No portion of the pages within the Service may be reprinted, republished, modified, or distributed in any form without the express written permission of Beamr Imaging.. Certain content may be licensed by us from third parties; any such licensed third-party content and all intellectual property rights related to such content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Service or its content. Any rights not expressly granted by this Agreement with respect to the Service or the Site or any part thereof are reserved by Beamr Imaging.
C. As between Beamr Imaging and you, any Content submitted by you or inserted onto the Service and any intellectual property therein are and shall remain at all times your sole and exclusive property.
D. All trademarks and logos used on this Service are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any trademarks to you. Further, nothing on the Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Service, without the express written permission of Beamr Imaging or the trademark owner.
WARRANTY DISCLAIMER
A. You acknowledge that Beamr Imaging has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you of the Content you upload, your website or equipment; the accuracy or how you may interpret, rely, or use the Service including without limitation any loss of data, loss of quality or loss of reputation or what actions you may take as a result of having been exposed to the Service. Beamr Imaging assumes no responsibility with respect to the results of any Content generated via the Service. You release Beamr Imaging from all liability with respect to the Service, and any Content inserted onto or provided or accessed via the Service or through the Site.
B. THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, Beamr Imaging AND ITS AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Beamr Imaging DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITATION
A. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL Beamr Imaging OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, ANY API, AND THE CONTENT, EVEN IF Beamr Imaging HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
B. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
C. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST Beamr Imaging IS TO DISCONTINUE USE OF THE SERVICE.
INDEMNITY
You agree to indemnify, defend and hold harmless Beamr Imaging, its parents, subsidiaries, affiliates, and their respective officers, directors and employees from any liability, damage, cost or fees (including reasonable attorneys' fees) arising from: (i) your use of the Service, the Content and violation of the Terms of Use by you; or (ii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
TERMINATION
Beamr Imaging, in its sole discretion, may terminate or suspend user accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Services will immediately cease.. If you wish to terminate your Beamr Imaging account, you may simply discontinue using the Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
GOVERNMENT USE
If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and the Content each are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of such items by the Government shall be governed solely by the terms of these Terms of Use.
EXPORT CONTROLS
You shall comply with all export laws, restrictions and regulations applicable to the Service. You shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By using the Service and the Content, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Beamr Imaging pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Beamr Imaging in any respect whatsoever. These Terms of Use, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of Israel. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. These Terms of Use may be amended only by a writing executed by Beamr Imaging. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Beamr Imaging to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Beamr Imaging.s rights with respect to such breach or any subsequent breaches.
Beamr Imaging PRIVACY POLICY
Beamr Imaging's current privacy policy is available here (the "Privacy Policy"), which is incorporated herein by this reference.
END-USER LICENSE AGREEMENT
You acknowledge that any software and related documentation that may be available to download through the Service (the "Software") is the copyrighted work of Beamr Imaging. You agree that the use of the Software is governed by the terms of the End-User License Agreement which accompanies or is included with the Software.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Beamr Imaging.s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:
A physical signature of the person authorized to act on behalf of the owner of the copyright;
description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
Beamr Imaging Ltd., 23 Menachem Begin Rd., Tel Aviv, Israel;
info@jpegmini.com
QUESTIONS OR COMMENTS
To report abuse to these Terms of Use, or for any questions or comments regarding the Service, email should be sent to support@jpegmini.com.