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Pop Dreams Terms of Service

and Privacy Policy


V2.00, Last Updated Oct 8, 2018

These terms of service govern your use of the Pop Dreams


software, licensed to you by Pop Dreams Team. You can decide
to reject these terms of service, and that you do not agree to
them. However, if you do so then you shall have no right to use
the software or services.

We may allow you to backup your photos, or to share them with


your friends via other social networks, all according to
functionality of the services.

Please take note that when using our services some information
may be processed by third parties: photos may be processed by
image processing services, statistical information may be
collected by our service providers and technical information
may be collected for improving the service.

Lastly, this service is made on an AS-IS basis; we can’t be held


liable for any damage: not if your phone heats up and blows,
not if your data is lost and not if your photos are published on
the web publicly.

Please take the time to read the full terms of service, as they
are the final and definite agreement we have.

Sign-Up and Registration


Eligibility. When enrolling into the service, you
represent and warrant that: (i) you are either over 13
years of age;(ii) you are the physical owner of your device.
This means that you cannot use a cellphone you received
from the workplace in order to install this application
without your employer’s consent; (iii) you are not a sex
offender, nor have you been convicted with any violent
crime or any crime against your children.
There Is No Mandatory Signup. We do not coerce
you into signing up for the service. We encourage it.
Signup. You may either sign up using your Facebook
account, where you provide us with basic permissions for
you name, friend list and contact photo, or use your email
address as a unique identifier. If you enroll with your email
address, we shall send a message to your email address
with a unique link to identify and verify your email
address. We may also use your email address for sending
newsletters, as we explain in the privacy policy. Following
the authentication, we’ll request a password and store it
securely on our our servers in a hashed form.

Services
We offer the following services, each of them is a “service” by
itself, and all are considered a “service” under this agreement.
We may allow you to perform certain photo editing
and manipulation services. These may be changed from
time to time.
We may allow you to publish your photos on the web,
either using our platform, or if you decide, you can upload
them to other services. We may also allow users of the
platform to share your photos.
We may allow you to interact with other users, either
by following them, liking their works on commenting on
their images. Please note that web and application
features may differ.
We can allow you to add different filters, import
content from selected vendors, or search the web for
content. When you use our web-search function, you
acknowledge that we cannot inspect each image’s usage
rights and licenses and therefore we cannot provide you
with any guarantee that such image may be used and you
assume all risks pertaining to such activity.
We may also offer premium features for paid users.
These may include advanced tools and access to more
licensed content and graphic resources.
We may allow you to backup your photos, either to
your iCloud account or to another backup service. This
service might be made available in part only for registered
users, or only for paying users.
We may also allow you to use the Adobe suite of
applications to edit photos that you created using the
services. Using this feature is conditioned on your
agreement with Adobe.

Each of the services may be deprecated or removed at any


time.
Content Policy
This content policy applies both to the content you submit
through the service for us to use, and for content others submit
that you may use.

By either providing us with visual, textual,


audiovisual, or other material or by using our service to
share content, You hereby accept this content policy as set
forth. You acknowledge that any violation of the content
policy may cause termination of your service, removal of
your content and legal action by both ourselves and the
person whose rights were infringed.
For the purpose of this policy, the term Content shall
refer to images and/or text and/or videos used by yourself
while creating content through the service and published
through it.
License. You hereby warrant that you are the sole
owner and proprietor of any Content you distribute
through the service, or that you are allowed to post it
under this content policy. You hereby grant us an
irrevocable, permanent, unlimited, world-wide, royalty-
free, sublicensable, non-exclusive license to use your
Content and to allow users to view and share your Content
according to the functionality of service and through other
third party services, including the creation of derivative
works and the creation of three dimensional works.
Our License To You. We provide you, as our user, a
limited, non-transferrable, non-sublicensable, license to
use all the images and works made available via the
services to create your own photos through the services. If
you prepare digital or physical items containing our
licensed content, then you may only use it for 500 units.
This applies for digital downloads, prints, handouts and
physical devices or copies. This means you can use our
image banks, our libraries and our filters. However, you
cannot reuse, resell or license to others our licensed
content or otherwise convey it in a manner which does not
reflect major alterations. This, for example, means that
you can use the backgrounds we provide for photos under
this limitation, but you cannot just copy these
backgrounds and reuse them in a different application or
sell them to a stock-photo website. If you plan to use our
licensed content in more than 500 units, contact us and
we will review the usage and may allow you to do so
according to our discretion.
Publicity License. You hereby grant us the
permission to use your name, image, information and
likeness in relation to the content you posted. Meaning,
that we may use your face, photos and profile photo to
promote the Content.
Offensive Content. You hereby warrant that your
Content is not offensive and does not infringe the right of
any third party, including, but not only:
Intellectual Property Infringing. Your content
does not infringe any third party copyright, design,
patent, trademark, trade secrets or any other
intellectual property rights.
Pornography. Your Content does not contain
any text, image or depiction including extreme
nudity, profanity, sexual activity, sexual innuendos,
sexually offensive or otherwise obscene. We may
allow artistic nudity and non-pornographic use of
exposed bodies.
Slanderous. Your Content does not slander,
defame or otherwise harm the good name of others.
Hate Speech and Racism. Your Content does
not include any hate speech or racist opinions, as
well as does not incite others to violent acts against
persons solely based on their inclusion in a specific
group.
Warranty. You hereby warrant that you are either
the sole proprietor or a designated licensee of your
Content and that no other party's rights are infringed or
violated by your use of the content and the Service. You
moreover warrant that no legal claim, dispute or lawsuit
was filed against You or threatened against You for
publishing content through the service.
Notice & Takedown. In order to protect your rights,
we have set up this Notice and Takedown Mechanism to
help you protect your Content and to ensure that no
unauthorized use is made.
Prescreen and Moderation. You acknowledge
that we cannot pre-screen all Content, but that we
shall have the right (but not the obligation) according
to our sole discretion to refuse or remove any
Content. We shall have the right to remove any
Content that violates these Terms of Service or is
otherwise objectionable, or for any other reason.
Disclosure of Content. You acknowledge and
agree that we may preserve Content and may also
disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal
process; (b) enforce these Terms of Service; (c)
respond to claims that any Content violates the rights
of third-parties; or (d) protect our rights, property, or
personal safety. You understand that the technical
processing and transmission of the service, including
your Content, may involve (a) transmissions over
various networks and (b) changes to conform and
adapt to technical requirements of connecting
networks or devices.
Harmless. You agree and warrant to hold us
and our users harmless and to immediately
indemnify us for any claim of copyright infringement,
trademark dilution or patent infringement for any use
of Content according to these Terms of Service. You
also agree to indemnify us for any third party claim
for copyright infringement due to their use of Content
made available by You.
Takedown. We value your right and others
rights, and therefore shall comply with all state
regulations regarding third party rights. Should you
encounter any Content which you believe to be in
violation of any of Your rights, good name or
copyrights, Please file an infringement complaint to
our Content officer at notice@popdream.me
We shall examine your complaint and shall
forward it to the user who published said
content for his answer, if possible.
Should Your complaint be false, harassing
or in order to prevent legal use of service, you
shall bear all liability to compensate the user
which you reported as infringing.
In your complaint you will be required to
provide us with: (i) a written statement
regarding what content infringes your rights and
proof that You hold those rights; (ii) what is the
exact item identifier and/or number; (iii)
notification that you believe that the use made
by the content is not considered fair-use,
criticism, consumer protest or any other
protected speech.
Moderation. Pursuant to any report, and
promptly thereafter, we will moderate the Content
and review your request; we shall notify the user who
posted the Content on your complaint, by electronic
mail, including your information and request his
response, if possible.
Removal or Restoration. Should the user who
posted the content fail to respond within 96 hours,
we shall remove the content; had he responded, we
shall inspect his response and should any material
questions of fact or law arise, we shall forward his
personal information to you.

Fees and Payment


We charge our fees through your Apple account;
Apple can offer refunds solely according to its policies. Our
subscription is monthly or yearly recurring, and you may
terminate it at any time. We may offer other payment
options.

Software License
We provide you with a limited, non-sublicensable,
temporary, license to use our software. You may not
provide any person with a copy of our software, nor may
you reverse-engineer, decompile, circumvent or otherwise
attempt to make our software’s source code or features
available. You may not attempt to obtain Premium
functionality without a Premium account. We may revoke
your license at any time and for any reason.
Privacy Policy
You are not required under law to provide us with any
information. However, if you do not provide us with such
information we will not be able to provide you with the
services.
What Personally Identifiable Information Do We
Retain? We collect some raw information which may be
considered as personally identifiable, which is technical
information about your device, such as your IP address,
your operating system and other technical information.
Moreover, when you register, we may retain the
information you provided us at registration, including your
name, photo and email address.
What Non-Personally Identifiable Information
Do We Retain? We also process information about your
use of the services, the number of likes people provided to
each photo, the comments and other aggregate
information which may not be reidentified.
How Do We Process This Information? We use
the information to provide you with the services and to
improve the services. These are the only two purposes
which the information is used for.
Who Are The Third Parties Who Have Access To
This Information? We provide access to our employees,
who are under strict confidentiality obligations, and to
several third parties who provide us with services. We use
the following third party services: (i) Apple Analytics; (ii)
Facebook Analytics; (iii) Crashlytics; (iv) Mixpanel; (v)
OneSignal; (vi) Branch. We may also use the following
services to process images or provide you parts of the
services: (i) CamerAI; (ii) Unsplash; (iii) Yahoo.
Can We Contact You With Promotional Offers?
Yes. We may use the information you provided us,
including your email address and phone numbers to
provide you with promotional offers and newsletters. We
may also contact you if we believe your account was
compromised.
Can You Review or Remove Your Information?
Yes. You can always review your information using our
software and panel. You can also request to delete all
relevant information.
Compliance With Law Authorities. We comply
with competent and authorized law authorities and shall
provide them with information should we receive a valid
request.

No Warranty
We supply the service on an “as-is” and “as-
available” basis. Your use of service is at your own risk and
under your liability. We make no warranty that (i) the
service will meet your requirements and (ii) the service
will be uninterrupted, timely, secure, or error-free and (iii)
the results that may be obtained from the use of the
service will be accurate or reliable and (iv) the quality of
any products, services, information, or other material
purchased or obtained by You through Service will meet
your expectations, or (v) any errors in the Service will be
corrected.
Liability
For no case and for no reason shall we be held liable
for any damage, direct or indirect, consequential,
exemplary, physical or special, to you, any other user or
any third party due to its misperformance of duties herein.
We provide Service on an AS-IS basis and shall not be held
liable, to the extent permitted by law, by any case of
misconduct, negligence, gross negligence, malice or any
other mean, to any damages or loss of property, including
loss of your funds, damages to virtual property, reputation
and business reputation, user account information
including login information, loss of profit, loss of good
name, all resulting from the use or inability to use
services. Our liability for direct damages shall be limited to
the fees that you actually paid us during the thirty days
prior to the event causing the damage.

Indemnity
You hereby warrant and agree to hold us harmless
and to indemnify us for any damage, loss, expense, legal
expense or cost incurred as a result of your use of the
services in direct violation of these terms of service,
including any false representation.
Support
We provide limited support during regular business
hours. Support is provided by email and via UserVoice. We
may use other support services from time to time. We
cannot guarantee the response time for support, but we
may provide service according to our own discretion,
which might mean that paying customers shall receive
faster response times.
Terminating User Accounts
We shall have the right to terminate your use of the
service or to terminate the service at any time and by
providing a 30 day prior notice.
Moreover we may terminate your use of the service
at any time and without prior written notice in any case
where you breached these terms and such breach may
cause us irreparable harm.
Availability
We might disable the service from time to time for
scheduled backups, maintenance or upgrades. In some
extreme cases, where urgent maintenance is required, we
may disable the service immediately and without notice.
Amending These Terms
We may amend these terms from time to time,
provided that you shall be informed through electronic
communication on such amendment and shall be granted
to option to terminate your agreements with us by
providing a 30 days prior written notice.
Governing Laws, Jurisdiction, No
Class Action
The laws of the state of Israel shall exclusively
govern these terms of service. Any dispute you may raise
against us must be brought solely in the competent courts
of the Tel-Aviv district. You undertake to initiate only suits
on your behalf and not to file any class action lawsuit
against us.