This document was last updated on February 28, 2016.
- The wish2be.com website (“the Website”) lets all internet users (“the User”) to browse, view and modify cartoon images and templates (“the Clip Art”) to automatically design and generate caricatures based on User’s photo (“Photocature”) or purchase custom caricatures painted by hand (“Caricature”), that are supplied as digital images or as physical products (“the Product” or “the Service”).
- Website’s services are provided according to the terms and conditions specified in the Terms of Service page herein (“Terms”).
- Use of this Website is evidence of your consent to the terms detailed in this document. If you do not agree to the terms of this document and/or any condition herein, please don’t use the websites’ services.
- All the content in this document applies to both genders, and referral to one gender is for convenience purposes only.
- The terms are subject to change at any time and without prior notice by Wish2Be company (“The company“).
B) Terms of Website Use
- Use of this website is exclusively for your personal use, and should be used for personal purposes only. No commercial (especially publishing and advertising) use is permitted prior to explicit written authorization from the company.
- The website’s user is strictly prohibited from executing any changes to it and/or copy, distribute, present, perform, duplicate, publish, license, create derivative works or sell any item from the information items, software and/or products originating in this website.
- The company reserves the right to shut-down the website or change it from time to time, including its structure, appearance and availability of the contents provided herein, without need to provide any prior notice to the user. Therefore, you will be not entitled to any claim and/or demand and/or suit against the company with regards to this matter.
- The company does not commit to ensuring that all links found in the website being functional and lead to an active internet website. The mere existence of a certain link in the website does not indicate that the content of the linked website is reliable, full or current, and the company shall bear no responsibility with regards to this matter. The company shall not be responsible to orders and/or products that will be supplied and/or purchased by you through and/or by the linked 3rd party websites. Without derogating from the above, the company shall not be liable to any and all direct/indirect damage, that you and/or the website user may suffer as result of use or reliance on information published in the website or by any 3rd party linked website.
- It should be clarified, that the company is not liable for mistakes of any kind which may appear on this website, which may include text, item description, item price and other errors, and the company reserves the right the cancel an order, if and in as much an order shall be placed, originating from a mistake as described herein.
- The company reserves the right to change at any time the items and/or services prices presented in the website, without prior notice. The binding price is the price stated at the time of acceptance or the order by the company’s computers, since there is a chance that the prices presented on the website will not be up-to-date for various reasons.
- This website is protected under International Law, including Intellectual Property and Trade Marks. This agreement does not grant the right or license to make any changes and/or adjustments to this website and/or its content weather being watched, downloaded from the website or with other form of access. The authorization granted to you to use the website does not include: purchase and/or other use for commercial purposes, copying or duplicating or creating any item while using the information included in this website, unless prior written permission was granted by the company, with the exception of uses permitted by Law.
- You are not authorized to enter into the website or upload into it any information or files or codes which may alter, harm, interrupt of damage the website or the information included in it or in any property rights of the company or of any 3rd party.
- Also, it is strictly prohibited to abuse this website in any manner of inappropriate or unauthorized uses, including inclusion of “Trojan Horses”, “viruses”, “worms” and similar computer programs which have harmful potential. In addition, you are strictly forbidden from presenting and/or advertising and/or planting in this website and/or any other affiliated or linked websites any information and/or materials which may be: illegal, immoral, intimidating, rude, blunt, racist, offensive, blasphemous, prohibited by statute, pornographic or blunt sexual orientation, breaching copy rights and/or infringe intellectual property, copy rights, symbols and trademarks, samples, patents, contradict Privacy Act, etc.
C) Terms of Service
- User can download the Photocature to his device after registration and logging in to the Website.
- The Photocature creation is unlimited, but its downloading is limited to number of downloads per day currently allowed by Website. User that wish to download more photocatures than allowed per day can purchase one of credits packs (“Credits”) and will have ability to download the number of photocatures limited by credits number in the pack he purchased.
- Nevertheless Company declares supply time for each service, the order time counts not from the time user placed the order, but from the moment the user provided all the required materials including quality pictures according to guidelines specified in the website, and has paid for the ordered service.
- If the custom order and the materials were sent after 17:00 (GMT+2) Sundays through Wednesdays shall be calculated as if was made on 08:30 (GMT+2) the following day. An order placed after 17:00 (GMT+2) Thursdays through Sundays, shall be calculated as if was made on 08:30 (GMT+2) Sunday morning.
- The order is sent by email and/or Postal/Courier service, according to the instructions specified by the client and service he ordered.
- The company shall not be responsible for delays in product delivery in the following cases and resulting from:
- Force Majeure and/or events that are beyond its control, including, but not limited to, strikes and sanctions as well as reasonable delays caused by 3rd parties.
- Delays caused by the client from sending full order description and/or quality pictures compatible to the illustration according to the company’s guidelines.
- Delays caused by the client in responding to a draft sent by the company for his approval, or lack of clients’ availability during the production of the product.
- Delays of payment completion by client.
- The company takes all reasonable measures to provide the product to its destination. However, at times a product sent via Postal Services and/or Courier Service may get lost. The company shall not be held responsible for any direct and/or indirect damage, including infringement of privacy, which will be caused by the products’ arrival to any 3rd party.
- The company shall not be held responsible for loss of delivery due to wrong shipping address being provided and/or approved by the client.
- Order cancellation:
For virtual products such as Photocature credits user can get the money back and his credits balance will be reduced. For custom Caricature orders, if the order was painted, cancellation is not possible and no money can be returned.
- If client cancels the custom order before the work on his order has been started, client will get 95% refund (5% for transaction and processing fees, as permitted by law.)
- If the client decides to change the illustration theme and/or composition and/or background in a caricature, which exceeds the original order, the company shall be entitled to charge an extra fee until the full value of a new product and/or according to additional working hours ~$50/hour.
D) Limited Liability
- The company and/or anyone on its behalf are not responsible in any way or form to any direct and/or indirect damage or harm of any kind that may be caused to you and/or website user and/or 3rd parties as result of using the website and/or ordering services and products offered to you by the website. You are hereby committed to be held exclusively responsible for any claim and/or demand and/or suit by a 3rd party which considered themselves offended by the caricature or photocature.
- Use of the website and the contents therein are permitted for use “As-Is” according to the company’s decisions, and you shall have no claim and/or demand and/or suit towards the company and/or anyone on its behalf resulting from qualities of use, service, capabilities, limitations or compatibility to your needs and requirements. Use of the content presented in the website and the website’s services shall be performed on your sole responsibility.
- The company is not committed to ensuring that the service provided by the website will not be interrupted, provided regularly and without disturbance and/or be immune from illegal access to the company’s computers and/or servers, damaged, faults, malfunctions, hardware/software/communication line on the company or any of its suppliers, or damaged from any other reason, the company shall not be held responsible to any direct and/or indirect damage that may be caused to you and/or the website’s user.
- The company makes every effort to ensure your satisfaction from custom ordered handmade caricature through employing certified artists as well as previewing the final product, however, the company shall not be responsible and not make any monetary refund due to lack of satisfaction from the caricature, since the issue in question is an art work open for various interpretations. To ensure your satisfaction from the order the client receives the caricature for approval by email or text message, and also can make up to two (2) corrections of the painted face only.
E) Intellectual Property and Copy Rights
- All pages, Clip Art, photos, Artwork and any media files included in the website (“the Content”) are the property of the company or its business partners. No copying or advertising of the Content in part or in full is permitted without prior explicit written notice by the company.
- The Copyrights in the concept which substantiates the foundation of the website, including its design, trademarks and any other action in the website, which is unique and exclusive to the website, is reserved to the company.
- Trademarks, logos, icons and any information and/or display presented in the website as well as presenting all of the above, are exclusively owned by the company or its clients (logos or trademarks of commercial clients). Copying and/or using them constitutes infringement of the company and its clients’ property rights.
- The Content must not be copied and/or duplicated and/or distributed and/or stored in databases or any other mode unless the company granted it prior written consent.
- The client that downloads self-generated Photocature or buys custom Caricature painted by hand (together “Artwork”), is granted only a non-exclusive personal use right to the Artwork. The client is not entitled to use the above for any commercial use whatsoever and is not entitled to publicly advertise any product and/or output of the information, as well as not to duplicate, photocopy, copy and/or print any product and/or output as herein described from the information or any part thereof for the purpose of distribution in any manner, unless granted an appropriate license from the company detailed in the tax invoice, and only after the full value for the artwork was paid to the company.
- The company shall be entitled to sign the Artwork by means of including a logo and/or the website address and/or trade name and/or any heading it will deem fit.
- When the Artwork is sent/transferred to another entity, the rights and obligations of the client will apply also on the recipient of the Artwork, whether received against payment or as a gift.
- The company has the right to present the Artwork or part of it immediately on the website or any marketing channels of the company. The client that doesn’t want his Artwork to be advertised by the company has a right to notify the company to refrain from doing so, as long as such notice was provide explicitly and in writing.
- The company has the right to use an Artwork in full or in part for creating and selling new or derived Artwork. The client hereby waves any claim and/or demand with regards to rights, royalties and/or any compensation for the Artwork and/or parts therein.
- The client hereby states that he is the owner of appropriate user right for any information, text, graphics, pictures, fonts, articles and any other material (herewith: “the Materials”) provided by him to the company and uploaded by him to the website for the execution of the custom order.
- The website user and the client hereby confirm they are aware that any materials published and/or uploaded by the client or anyone on his behalf to the website and/or emailed to the company, are the sole responsibility of the client. If after the fact it will become evident that the client did not have appropriate user rights to the above mentioned, the client shall bear full responsibility towards any 3rd parties concerning this breech, or compensate the company for any damages it suffered from this incident.