Terms of Use

If you have any questions concerning these terms and the service Pishon provides, please contact us at info@pishon.app

I. General Terms

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

You agree that you will not solicit, collect or use the login credentials of other Pishon users.

You are responsible for keeping your password secret and secure.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Pishon page is rendered or displayed in a user’s browser or device.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Violation of these Terms of Use may, in Pishon’s sole discretion, result in termination of your Pishon account. You understand and agree that Pishon cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Pishon, we can stop providing all or part of the Service to you.

Pishon is based on amazing photos from travelers all over the world. Many of our members use these photos in a professional way and it is our number one commitment to protect their rights.

Content

By posting or uploading content, such as photos, descriptions, etc., protected by intellectual property rights and copyrights (“Content”), you expressly grant us a non-exclusive, transferable, sublicensable, royalty free, worldwide license to use any such Content (“License”). In order to provide the services of Pishon it is necessary that the Content posted or uploaded by you are stored, hosted on servers, made available for retrieval, is technically duplicated, displayed and made publicly accessible and advertised. Therefore, this License includes the right to reproduce, distribute and exhibit the Content, the right of recitation, performance and presentation, the right of making the Content available to the public, to broadcast it for all types of reproductions, whether for film, electronic media or online services. The License also includes the right to edit or otherwise change the Content in any way respecting the peculiarity of the Content. Further, the License includes the right for Pishon to fully or partially use the Content for promotional reasons and to alter photo titles, description, tags and other accompanied information accordingly.

Revocation or Deletion

You can exercise your right of revocation at any time by deleting the Content or by terminating your account. In this event, the License specified above shall terminate. Please be aware that remote content persists in backups for a reasonable period of time (but is not accessible to others), if you delete the Content or your account.

Legal ownership

You warrant that you are the sole owner of all rights in relation to the Content, including but not limited to copyrights and trademarks, related copyrights and that you are entitled to post or upload the Content, without infringing any such rights. You are obligated to ensure that any identifiable person imaged on a photo you post or upload has consented to such use where legally required.

If third parties assert claims against Pishon in this regard, you shall be obliged to indemnify us from all costs and claims, as far as you are liable.

Use of Pishon

You are responsible for ensuring that you use the services of Pishon only in accordance with applicable law and these Terms of Use. In particular, it is not allowed to

1. upload, post or make publicly accessible any content that is harassing, defamatory, threatening, obscene, pornographic, hateful, violence-glorifying, racist or in any other way legally objectionable;
2. make publicly available or disseminate content that contains programs or files that could damage anyones hardware or software, e.g. viruses, worms, Trojan horses, etc.;
3. make publicly accessible and/or otherwise disseminate commercial advertising, junk mail, mass email (“spam”), chain letters or pyramid schemes;
4. allow others to access your account, especially to upload or post Content through your account, or to sell or otherwise transfer your account;
5. attempt to gain unauthorized access to another person’s account or otherwise interfere with their use;
6. indicate false or misleading information when using the website, in particular with regard to the origin or source of Content you post or upload;
7. copy any Content of other registered members of Pishon. Any use of the Content, even in extracts, especially for commercial purposes requires the prior permission of Pishon. In principle, the registered members of the website are eligible as copyright holders. We will provide all photos with the name of the member who posted or uploaded them to the website. In order to protect the copyright holder of photographs, we have technically prevented users of the website from downloading images by using the copy function via right-clicking on them. However, Pishon does not represent and warrant that a user of the website will not be able to download the images posted or uploaded there.

Right of control

We reserve the right to check, edit, delete or block your Content, namely your photos, under preservation of the respective moral rights. However, we do not assume any obligation to check, edit, delete or block them, whether they violate your membership obligations or whether they violate the law.

III. Responsibility of website and mobile application visitors or users

Pishon has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and mobile applications, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and mobile applications, Pishon does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or nonharmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and mobile applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and mobile applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pishon disclaims any responsibility for any harm resulting from the use by visitors/users of the Website and mobile applications, or from any downloading by those visitors/users of content there posted.

IV. Content posted on other websites and mobile applications

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and mobile applications and webpages to which Pishon.app links, and that link to Pishon.app. Pishon does not have any control over those non-Pishon Websites and mobile applications and webpages, and is not responsible for their contents or their use. By linking to a non-Pishon Website and mobile applications or webpage, Pishon does not represent or imply that it endorses such Website and mobile applications or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pishon disclaims any responsibility for any harm resulting from your use of non-Pishon Websites and mobile applications and webpages.

V. Copyright infringement and DCA policy

As Pishon asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pishon.app violates your copyright, you are encouraged to notify Pishon in accordance with Pishon’s Digital Copyright Act (“DCA”) Policy. Pishon will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pishon will terminate a visitor’s/users’s access to and use of the Website and mobile applications if, under appropriate circumstances, the visitor/user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pishon or others. In the case of such termination, Pishon will have no obligation to provide a refund of any amounts previously paid to Pishon.

Intellectual Property

This Agreement does not transfer from Pishon to you any Pishon or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pishon. Pishon, Pishon.app, the Pishon.app logo, and all other trademarks, service marks, graphics and logos used in connection with Pishon.app, or the Website and mobile applications are trademarks or registered trademarks of Pishon or Pishon’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and mobile applications may be the trademarks of other third parties. Your use of the Website and mobile applications grants you no right or license to reproduce or otherwise use any Pishon or thirdparty trademarks.

VI. Advertisments

Pishon reserves the right to display advertisements on your post.

Attribution

Pishon reserves the right to display attribution links such as ‘Pishon.app,’ sticker attribution on the Website and mobile applications.

Linking Pishon services with other services

By linking your Pishon account with other accounts you own at third party providers such as Facebook, Twitter, Pinterest, Instagram, you agree to the terms of service of those providers. You can opt out of their terms of service at any time by disconnecting your Pishon account from your accounts that you have there.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

VII. Changes

Pishon reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and mobile applications following the posting of any changes to this Agreement constitutes acceptance of those changes. Pishon may also, in the future, offer new services and/or features through the Website and mobile applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

VIII. Termination

Pishon may terminate your access to all or any part of the Website and mobile applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pishon.app account (if you have one), you may simply discontinue using the Website and mobile applications. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website and mobile applications are provided “as is”. Pishon and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pishon nor its suppliers and licensors, makes any warranty that the Website and mobile applications will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website and mobile applications at your own discretion and risk.

IX. Limitation of liability

In no event will Pishon, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pishon under this agreement during the twelve (12) month period prior to the cause of action. Pishon shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website and mobile applications will be in strict accordance with the Pishon Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and mobile applications will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Pishon, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and mobile applications, including but not limited to your violation of this Agreement.