Terms of service

FUNNICONS.COM WEBSITE TERMS OF USE

 

Updated July 19, 2022

 

  1. General

 

  • The FUNNICONS website and applications (the “site”) provide you with an opportunity to license FUNNICONS images for your use.
  • Use of this site and of FUNNICONS are governed by these Terms of Use ("Terms of Use"), the FUNNICONS Privacy Policy ("Privacy Policy") found at funnicons.com/pages/privacy-policy and the FUNNICONS End User License ("EULA") found at funnicons.com/pages/license. These documents should be read carefully and in their entirety before advancing to any of the pages or other areas of this site or using any Image. If you have any questions regarding these Terms of Use, the site or any Image please contact us at funnicons.com/pages/contact.
  • These Terms of Use apply to all users of the site, whether you are simply browsing, using or licensing an Image, using a premium area, submitting data or content, or any other interactive area of the site, or using the site or interacting with it in any other way. The term "user" or "users" therefore applies to anyone performing any of the above actions.
  • By using this site and/or submitting contents, you agree to be bound by these Terms of Use. If any of the terms or conditions in these Terms of Use are unacceptable to you, please leave the site and refrain from using it in any way.
  • This site is operated at the internet address: FUNNICONS.com ("the Domain"). The Terms of Use apply to all pages and other areas of the site, operating under the Domain, or from our server, including if accessed through mobile or other applications that we (as defined below) may develop or use, including applications designed to be used on smartphones, tablets, hand-held devices and other devices. The Owner of this Site ("Owner" or "we" as defined below) may transfer or copy the site, in whole or in part, to any other domain and/or change the name of the site. The Terms of Use shall continue to apply whether the site is operated on this or another domain, and whether operated under the current name or any other name.
  • The Owner may amend these Terms of Use at any time, and the most recent version will always be available by selecting the [“Terms of Use”] link displayed prominently on the site. If a revision, in our sole discretion, is material we will notify you (for example, via a notice that will appear on the site when you attempt to access the site after such material update or via email).  The revised Terms of Use will come into effect and bind users once posted on this site, and if you access or use the site or any Images after that date, your use will constitute acceptance of such revised Terms of Use.  If any change to these Terms of Use is not acceptable to you, your only remedy is to stop accessing and using the site and the Images and terminate your account. Therefore, users are encouraged to check the Terms of Use frequently for amendments. 
  • If you are under 18 years of age, you may not license or use any images any images on this site unless your parent or legal guardian has authorized that use of licensing.

 

 

  1. Access and Use of this Site

 

  • The Owner grants you permission to access and use this site for your personal, non-commercial use only, on the condition that you accept and abide by these Terms of Use.
  • Use of some or all areas of this site may be by registration only. Certain uses and access to certain parts of this site may require creation of an account or receipt of a user name and/or password. All information supplied by you to obtain an account, user name or password must be true, full and accurate.
  • All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without the Owner's written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of the Owner.
  • You are responsible for all activity on your account. If you become aware of any unauthorized use of you account, user name or password, you should immediately notify the Owner. Such notification will not however render the Owner responsible for any unauthorized use, whether occurring before or after such notification.
  • The Owner may refuse registration of any user at its complete discretion and may terminate your access to the site, or any area of the site, or an account, user name or password, at any time, at its complete discretion.
  • The Owner may cease or terminate the operation of this site, any Image, or any area of the site, either temporarily or permanently, and may transfer this site, in whole or in part, to another domain at any time at the Owner's discretion.
  • You may not: (i) alter, modify, reverse-engineer or amend any part of this site, other than by submitting User Content (as defined hereunder), under the rules set out in these Terms of Use; (ii) use this site, any Image or any information on or about other users obtained from this site or any Image to send any spam or other unauthorized or unsolicited commercial communications or publicity materials, solicitations, chain-letters and the like; (iii) transmit to or by way of this site any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.
  • You may not circumvent, disable or otherwise interfere with any technological measures used on this site or in any Image, which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of users.
  • Users agree not to operate or use any automated system or program, including any robot ("bot"), spider, crawler and the like, that sends user requests to the site in a quantity that exceeds the number of requests that a human being, not using such a system or program, would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable user would send during the normal course of personal, non-commercial use of the site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this site or our servers solely for the purpose of indexing this site and its contents in the search engine.
  • We permit links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. We reserve the right to revoke permission to any site to link to this site in our absolute discretion. We do not allow links from any site that promulgates, promotes or encourages illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or that contains content that is obscene or unsuitable to the general public.
  • We may provide links to certain sites on the Web that are not owned or operated by the Owner. These links are provided as a service to our users, because we think those sites may be of interest to them. We do not endorse such sites or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.
  • Use of forums, blogs, chats and other areas of this site allowing speech is granted on condition that you abide by the rules of these features. Comments that you make using these features will be regarded as User Content and will be governed by these Terms of Use.

      3. Payments

  • In order to purchase a license to use an Image, you must pay the License fee indicated. Payment must be by credit card or pay service provider as indicated on the Site.

  • An individual download may be eligible for a refund, if it meets any of the following criteria:
  1. Duplicate Download: If an identical image/size is accidentally downloaded multiple.
  2. Failed Download: If there is a technical problem preventing the successful download of the image. This may include a corrupt file, unexpected removal of the image, or site technical difficulties.
    Please note that support must be contacted and provided up to 1hr to resolve the issue, before a refund request can be processed. Refunds can not be issued for end-use technical problems, including browser or connectivity issues.
  3. Poor Quality: If there is a flaw in the file which does not meet FUNNICONS professional quality standard, as confirmed by a site administrator. 
  • We can not refund files which:
  1. Have been downloaded, but are no longer wanted by the user.
  2. A user is unable to open, due to not having compatible/required software. We are only able to officially support Adobe and Quicktime suit of products, which have been released within the last 8 years.
  • Upon cancelation of a transaction according to the above mentioned terms, and after
    verifying that the use has not used the Image, the Owner will refund to the User within 14 days of the cancellation of the transaction the purchase. If the payment has been carried out by charging the User's credit card, the refund will be carried out by means of crediting the credit card.

  • The license fees on the site include V.A.T. The site owner is entitled to change the license fees from time to time at its sole direction.

     

    1. Licensing Images
      • Images may be only used under the terms of the EULA.
      • Except for viewing of Images on the site, any use of images, other than under with the terms of the EULA if forbidden.

     

     

    1. Intellectual Property Rights

     

    • Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this site and the Images, including the source program and any and all texts, questions, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials ("Materials"), other than the rights in User Content as defined below, are owned by, or licensed to the Owner, and are protected by law, as well as under international treaties. All rights in such material are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. Except as provided for under a valid EULA, these Materials may not be published, copied, reproduced, publicly performed or displayed, broadcast, transmitted, or made available to the public, commercially rented, distributed, sold, licensed or otherwise exploited without the specific, written authorization of the Owner or the copyright holder (in regard to User Content).
    • The FUNNICONS name, mark and logo are the property of the Owner and may not be used for any purpose without the Owner’s prior written consent.

     

    1. User Content Submissions and Provisions

     

    • This site may contain materials or content, including texts, graphics and other materials which is or has been submitted by users or by third-party advertisers. Such materials are referred to as "User Content".
    • Users shall retain all copyright and other intellectual property rights in User Content posted or uploaded by them.
    • By uploading or posting User Content, you the user grant the Owner, its licensees and affiliates a perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable, royalty free and payment free license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public, commercially rent and distribute and otherwise exploit the User Content or any part of it, including to adapt, edit, alter, change, mix and remix, add to or detract from and to create derivative works based on or using it, or any part thereof, all of the above on this or any affiliated site and in or by way of any other media or technology, whether now known or hereafter invented, perpetually, throughout the universe, but only in relation to the operation or promotion of the site. In addition, you grant the Owner a perpetual license to use your name, likeness and voice in connection with the above.
    • The Owner will use its best efforts to grant credits appearing on User Content, however Users must recognize that due to the nature of the site, the Owner will not be required to grant and will not be liable for any omission, deletion or alteration of any credit in regard to User Content. Nonetheless, in case of omission, deletion or alteration, users are invited to contact the Owner, who will be happy to correct the same, in as far as is reasonably possible.
    • User declares and affirms that any User Content uploaded or posted by him is his own original material and is not copied from any other source and complies with Section F below.
    • Users may not post or upload Materials or content of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds; (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness;  (vi) contain nudity or pornographic, obscene or profane materials; (vii) are otherwise inappropriate to the general public; (viii) are menacing, threatening or intimidating;  (ix) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or the Owner; (x) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause; (xi) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xii) contain any address or contact information of any person other than the user himself, unless the user has obtained the prior written consent of such person.   
    • The Owner is not responsible in any manner for the User Content, including third-party publicity and advertising materials. We allow the posting and uploading of User Content as a service to users for their own and other users enjoyment, independent review, assessment, evaluation and use under these Terms of Use. We do not endorse or approve any User Content or any materials, contents messages or statements contained therein. All user content and the information contained therein are the representations, ideas and views of the submitting users only.
    • User Content may be submitted only under these Terms of Use. Users will be solely responsible for the User Content posted or uploaded by them and all materials contained therein, and for any legal or other results or consequences of such Materials.
    • Although we welcome your submissions, we reserve the right to refrain from publishing or posting it on the site.
    • When you post or upload materials or content, that content will or may become available to other users and may be viewed by them.
    • You should post or upload User Content only if you own all copyrights and other rights in it, including in all materials contained therein or have received appropriate licenses for their incorporation and use for all purposes included in or contemplated by these Terms of Use, as well as written permission to depict and to use the name, picture, likeness and voice of any and all living or deceased persons appearing in the User Content, or if the User Content is completely public domain.
    • The Owner reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by us to be in bad taste or contradictory to the policies and purposes of FUNNCIOSN.com, or are the subject of a complaint by a third party, without any need for notice to the posting user. In case of gross or repeat infringements, we reserve the right to terminate the account of the user with no prior notice.

     

     

    1. Complaints of Infringement

     

    • We respect the copyrights and other rights of all persons and organizations and expect you to do so also.
    • If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site, including any User Content, infringes upon your copyright, or if you believe that any content on this site infringes any other intellectual property right, other than copyright or any other right of yours, or in any other manner harms you, or if you have any other complaint regarding the site, please notify us so that we may review your complaint. You may submit a written notification to funnicons.com/pages/contact.
    • All complaints should be sent in writing to the above address and should give the following details:
      1.  Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.

      2. Full details of the complaint, detailing: 1. the rights claimed to have been infringed or the harm claimed to have been caused to you.

      3. A statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner.

      4. a detailed statement identifying as fully as possible the allegedly infringing material and its location on this site, including by detailing its URL.

      5. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    • We will review all complaints promptly but reserve the right to decide whether to act on such complaints.

     

     

    1. Use of Contact Information

     

    • By registering a user Account with this site, or any area of the site, or by submitting your contact details in any other manner, you grant us your explicit consent to use that information, including all contact information to send you information and offers, including commercial or advertising email from us and/or our business partners or affiliates, using all means of communications provided by you, unless you have clearly indicated that you are not interested in receiving such communication.
    • At any time, you may request us remove your details from our mailing list that serves for these communications by sending a request to funnicons.com/pages/contact., or by way of the link that will be provided in each mailing to you.
    • For more information on how we use information submitted by you, please see our privacy policy.

     

     

    1. Disclaimer of Warranty

     

    • ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, THE OWNER DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.
    • USE OF THIS SITE AND THE IMAGES ARE AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, IMAGES AND USE THEREOF BY ANY USER.
    • NO PROMISE OF WINNING A PRIZE IS MADE TO USERS. USERS SHOULD NOT RELY ON WINNING A PRIZE OR PRIZES FOR INCOME.
    • THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE OR ANY IMAGE, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE OR ANY IMAGE, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.

     

     

    1. Limitation of Liability

     

    • IN NO EVENT SHALL THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING ANY IMAGE, USER CONTENT, OR ANY SITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING ANY IMAGE OR USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE OR ANY IMAGE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE OR ANY IMAGE BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY USER CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY THE OWNER. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    • IN NO EVENT SHALL THE LIABILITY OF THE OWNER EXCEED THE DIRECT FEES PAID BY YOU DURING THE PREVIOUS ONE (1) YEAR PERIOD TO THE OWNER FOR THE IMAGES OFFERED ON THE SITE.
    • 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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY IMAGE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OF THE IMAGES.

     

    1. Indemnity

     

    • You agree and undertake to fully indemnify the Owner, its officers, directors and employees from and against any and all damages, loses, costs and expenses of whatever kind, including attorneys fees and any sums paid under any settlement, incurred or suffered as a result of any claim, demand or suit by any third party, whenever and wherever filed, arising out of: (i) your access and use of this site, including your posting and/or uploading of any User Content; (ii) any infringement of these Terms of Use by you; (iii) any other act or omission of yours, including any infringement of any intellectual property right or any other right of any third party.

     

     

    1. Assignment

     

    • The permissions and licenses granted to you hereunder are personal and may not be assigned by you to any third party without the prior written consent of the Owner.
    • The Owner may assign, transfer, license or sub-license its rights and any license received by you.

     

     

    1. Miscellaneous

     

    • This Site is owned and operated by Yael Weiss (Owner/We).
    • This site is designed to conform to the laws of the state of Israel. If you are viewing or using this site from another state or country, please be aware that you will be transferring information outside of your state or country. Your continued access and use of this site will indicate your consent to this. 
    • These Terms of Use and the FUNNICONS privacy policy located at funnicons.com/pages/privacy-policy together with any legal notices that may be posted by the Owner on the site, constitute the entire agreement between You and the Owner regarding the site and your use thereof. Any previous agreements, representations or undertaking between the parties regarding the subject matter of the agreement are null and void.
    • The headings to these Terms of Use are intended for convenience only and shall not be used for interpretation.
    • If any provision or provisions of these Terms of Use should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.
    • No failure of the Owner to invoke or enforce any of these Terms of Use shall be considered as a waiver of any right of the Owner.
    • These Terms of Use shall be governed and construed under the laws of the state of Israel. Exclusive jurisdiction over any dispute arising out of or under these Terms of Use shall be with the courts of Tel-Aviv, Israel. You hereby waive any right to file a claim in any other jurisdiction.
    • THESE TERMS OF USE WILL BECOME BINDING UPON YOUR USE OF THIS SITE.