|
With
God's help
TERMS OF USE FOR USERS
General
1. Buzzi News Ltd. (hereinafter referred to
as "Buzzi") is the owner and operator of the
Buzzi News portal (hereinafter: "Portal")
http://www.buzzinews.com/,
http://www.buzzinews.net/,
2.
The Vision of the
BuzziNews Portal is to convey a positive outlook on
current world affairs, whether they are real or
imaginary, our dream reality in cartoons. For this
reason, the content in Buzzinews does not present
real news and should be understood as a satire.
3. These Terms of Use are designed for
visitors using the Portal. Free use of the Portal shall
be regarded as acceptance of these Terms of Use.
4. Buzzi is entitled to modify the Terms of
Use from time to time, and such change shall apply to
all visitors of the Portal at the time the change is
made.
5. The Portal features and displays works
sent to the Portal by Portal Members who have signed the
Terms of Use for Illustrators, in any of the categories.
6. Use of the Portal is at the sole
responsibility of the user. The Portal Management makes
every effort to maintain a clean site and to screen out
pornography, violence of any and all kinds, racism and
encouragement or incitement to commit criminal acts.
None of these efforts shall arise any responsibility or
liability on the part of the Portal Management to users
in respect of such contents.
7. The Portal Management and/or Buzzi bear
no responsibility for the contents of advertisements
published in the Portal, for sponsored links or
affiliated and/ or otherwise associated sites linked to
the Portal.
8. The Portal Management and/or Buzzi
reserve the right (but not the obligation) to screen
out, edit, and remove contents and works from the Portal
upon their sole discretion and for any reason they deem
fit.
9. Portal Members who publish their works
in the Portal are not the employees and/or
representatives of the Portal, and the Portal Management
and/or Buzzi shall not be responsible for their acts
and/or omissions and/or representations in the framework
of the Portal or outside of it.
Intellectual
Property
10. Buzzi is the sole owner of all
intellectual property including copyright, work of
author, trademark etc. in and to the Portal, including
but not withstanding - its design, content, software,
the applications, texts, graphics files. Buzzi jointly
with third parties is the copyright owner in and to all
works displayed in the Portal, including their layout,
captions, contents, texts and graphics files. The
materials in the Portal protected by copyright shall not
be replicated, copied, disseminated, publicly displayed,
delivered to any third party and/or any other use made
thereof.
11. Use of the Portal is for personal and
private purpose only. No commercial use shall be made
thereof without the Portal Management's express written
consent.
Protection of
Privacy
12. If and insofar as the user has
disclosed personal information when registering with the
Portal and/or to receive an e-Zine, the user's personal
information shall be stored in Buzzi's database, and
Buzzi covenants to make use of this information only as
permitted by law. Buzzi shall not disclose the personal
information to third parties in contravention of the
law. However, should disclosure of this information be
required by court order or in during legal proceedings
being conducted against Buzzi, Buzzi shall disclose the
personal information given by the user while protecting
the user's privacy to the extent possible under the
circumstances.
13. Buzzi reserves the right to send the
user e-mail, to contact the user in writing or orally
with information regarding promotional offers, updates
to the site, advertisements by selected commercial
entities (provided, however, that the user's information
shall not be disclosed to the advertiser), etc. If and
insofar as the user is not interested in being contacted
as aforesaid, the user is requested to state this in the
appropriate section in the registration form.
Jurisdiction
14. These Terms of Use shall be governed
exclusively by the laws of the State of Israel. Any
dispute arising under this Agreement shall be heard in
the courts of the district of Tel-Aviv-Yafo in Israel,
regardless of the user's identity, nationality, or the
geographical location where the user makes use of the
Portal's services.
Customer
Service
15. Buzzi's Customer Service Center can be
contacted with questions relating to these Terms of Use
and/or the Portal on Sunday to Thursday from 9:00 a.m.
to 6:00 p.m. (GMT) at telephone number
+ 44 203 051 6250 .
Miscellaneous
16. Buzzi is not responsible for any damage
caused due to technical malfunctions, faults in
uploading pictures and/or works, failures in loading the
Internet page and/or Portal, defects originating in the
software and/or hardware connected with the Portal
and/or site maintenance.
TERMS OF USE FOR ILLUSTRATORS
General
1. Buzzi News Ltd. (hereinafter referred to
as "Buzzi") is the owner and operator of the
Buzzi News portal (hereinafter: "Portal")
http://www.buzzinews.com/,
http://www.buzzinews.net/,
2.
The Vision of the
BuzziNews Portal is to convey a positive outlook on
current world affairs, whether they are real or
imaginary, our dream reality in cartoons. For this
reason, the content in Buzzinews does not present
real news and should be understood as a satire.
3. The provisions of this Agreement shall
apply to any and all users who choose to upload contents
to the Portal (hereinafter: "Portal Member"), and
they shall be effective as of the date whereon the user
has signed the undertaking at the final part of this
Agreement.
4. The use of the masculine gender in this
Agreement is for convenience only, and the contents
refer to the feminine gender and to all persons
collectively, mutatis mutandis.
5. Any individual over the age of 18 is
entitled to join the Portal; if you are under 18 your
parents' consent will be required.
6. Buzzi is entitled to modify the
Agreement from time to time, and such change shall apply
to each present Portal Member at the time the change is
made.
Nature of the
Engagement
7. Definitions – In this Agreement:
|
"Work" -
|
Picture, illustration,
caricature, drawing, animation, sketch sent
by a Portal Member.
|
|
|
|
"Published Work" -
|
The Work, edited or unedited,
as it is actually published in the Portal.
|
|
|
|
"Portal Member" / "Member" -
|
Any person who has filled in
his complete particulars, complies with the
terms and conditions of this Agreement and
has approved and consented to the
undertaking at the final part of this
Agreement.
|
8. A Portal Member will undergo a procedure
for authenticating his password, after which he may send
Works and request that they be uploaded to the Portal.
9. The Work will refer to one of the
categories whereof the Portal is comprised, which are:
world, sport, business, culture.
10. The Portal Management will inspect the
Work's suitability in terms of content, nature and
technical condition to the Portal in general and to the
relevant category stated in the publication form in
particular. The Portal Management shall decide, upon its
sole discretion, whether to publish the Work in the
Portal, in which category and in which location.
11. Without derogating from the generality
and exclusivity of its discretion, the Portal Management
will not publish a Work should it be of the view that
such Work falls within the bounds of one or more of the
following conditions:
A. Is racist, incites to a criminal
offense, and/ or encourages criminal acts;
B. Contains content which is pornographic,
violent, pedophilic and/ or offending any public;
C. Is slanderous, injurious to privacy and/
or may serve as cause for a civil or criminal action;
D. Does not conform to the Portal's policy
and goals.
12. Should the Portal Management decide to
publish the Work, it shall make an honest endeavor to
publish it within 48 hours from the time it was
received.
Editing,
Placement, Design, Publication, Removal
13. The Portal Management is entitled to
edit the Work before it is published, for technical
reasons, in order to adapt it to the format of the
Portal, including but without derogating from the
generality of the foregoing – the adjustment of colors,
size, change of resolution, etc. The Portal Management
will add a caption and perform proofreading, layout and
verbal editing of the Work before it is published.
14. The Portal Management is entitled to
remove the Work at any and all time, whether for
technical reasons and/or if it has become apprised
following publication that the Work does not comply with
the Portal's policy and/or the Work falls within the
bounds of one of the conditions set forth in clause 11
above and/or it is not suited to the Portal and/or
following the decision of the Portal Management or any
party acting on its behalf.
15. The Portal Management will decide, upon
its sole discretion, in which location and layout to
place the Published Work in the site, as well as the
identity of the other Works that are adjacent to the
Published Work (if any), the manner of placing the
advertisements and sponsored links in the Portal, etc.
16. The Portal Management will design the
Portal and/or the site and/or the page as it deems fit.
17. A Portal Member is entitled to request
that his Published Work be removed from the Portal, and
Management will comply within 4 workdays from the date
of receiving the Member's request by e-mail message. The
Portal Member is aware that removal will be made only
from the Portal itself and not from related links or
from the database of search engines or from the archives
of sites which are contractually connected to the
Portal, or from any distribution made by third parties
during the period in which the Work was placed in the
Portal.
18. For the avoidance of doubt, the Portal
Member states that he is aware that the Portal
Management has collaborations with other sites,
including partnership and/or affiliation programs and
sponsored links, and accordingly:
A. The Portal Member shall have no claim
with respect to the fact that the Work appears in search
engines and/or links to other sites after it has been
removed from the Portal;
B. The Portal Member shall have no monetary
and/or accounting claim with respect to publication in
affiliated sites and/or links.
Intellectual
Property - Works
19. When sending a Work to the Portal, the
Member states and warrants:
A. That the Work is original and that he is
the sole owner of the full copyright in and to the Work.
B. That there is no other or additional
owner of copyrights in and to the Work.
C. That he has not published the Work
anywhere else before sending it to the Portal.
20. Publication of a Work in the Portal
constitutes the actual acquisition of the Member's full
intellectual property including copyright in and to the
Work by the Portal Management, whether for a
consideration or gratis, existing or future, material or
moral, with all the attendant implications. To the
extent permitted by law, when sending the Work, the
Member waives any moral rights, except for the right to
be named as author – such as the right to modify, the
right to prevent mutilation and the right to prevent
commercial exploitation, whether arising under the Berne
Convention or otherwise.
21.
The
consideration for the intellectual property is in an
option for future payment of royalties.
The
royalties will be calculated and granted as follows:
20% (twenty percent)
of the total actual fiscal revenues of the Portal from
any third party will be paid as royalties to the Members
participating in the Portal. The subdivision among
Members will be pro-rata, based upon the number of
Published Works of the said Member in the relevant
quarter, divided by the total number of Published Works
in the same quarter.
The
division and payment to illustrators will be provisioned
by CPA.
22. For the avoidance of doubt, even if no
consideration has been paid and/or shall not be paid in
the future (due to the absence of a consideration paid
by a third party), at the time of publication the Portal
Management is assigned all rights in and to the Work,
subject to the Member's right to credit and his
entitlement to prevent publication of his Work if it has
been edited.
23. The Member warrants not to deliver any
copies of the Work to third parties other than
exclusively through the Portal and with its mediation.
Member's
Obligations
24. The Member will attach a one-line
explanation in English to each Work.
25. If and insofar as the Work contains
written text which is not in English, the Member
undertakes to attach an English translation as close as
possible in spirit to the text, on the publication form
of the Work.
26. The Member covenants to meticulously
maintain the Portal's policy, tolerance and openness to
the opinions of others, mutual respect for other Members
and users of the Portal.
27. The Member states that the details
disclosed in the registration form are his true and
correct particulars and that he is entitled by any law
to receive a monetary consideration for the Work, by
mail, to the private address he has given. The Member
undertakes to inform the Portal of any and all changes
in his registration information.
Portal's
Obligations
28. If and insofar as any third party
should buy the Published Work from the Portal and/or
publish it and/or distribute copies thereof and/or make
any use of the Work for the payment of any consideration
– the Portal Management covenants to inform the Portal
Member that it has sold the Published Work to such third
party (hereinafter respectively: "Seller";
"Sold Work") immediately and by no later than 48
hours after the date of purchase. Such notice may be
general and may be published in the framework of these
conditions of service.
29. The Portal Management covenants to pay
the Seller royalties and/or a consideration in an amount
of 25% (twenty five percent) of the consideration that
shall be received by the Portal Management from the
third party for the Sold Work, within 30 days from the
date of the actual receipt of the consideration by the
Portal Management from the third party.
30. The Portal Management covenants to
provide the Seller with complete accounting information
on the consideration received, if received, by the
Portal Management from the third party for the Sold
Work, by no later than 30 days from receipt of the
Seller's request.
Intellectual
Property - Portal
31. Buzzi is the sole owner of all
intellectual property including copyright, work of
author, trademark etc. in and to the Portal, including
but not withstanding - its design, content, software,
which include the applications, texts, graphics files.
All and any material in the Portal protected by
copyright shall not be replicated, copied, disseminated,
publicly displayed, delivered to any third party and/or
any other use made thereof.
32. Use of the Portal by users is for
personal and private purposes only.
Protection of
Privacy
33. The Portal Member's personal
information disclosed to Buzzi in the framework of this
Agreement shall be stored in Buzzi's database and Buzzi
covenants to make use of this information only as
permitted by law. Buzzi shall not disclose the personal
information to third parties in contravention of the
law. However, should disclosure of this information be
required by court order or during legal proceedings
being conducted against Buzzi, Buzzi shall disclose the
personal information given by the Member while
protecting his privacy to the extent possible under the
circumstances.
34. Buzzi reserves the right to send the
Member e-mail, to contact the Member in writing or
orally with information regarding promotional offers,
updates to the site, advertisements by selected
commercial entities (provided, however, that the
Member's information shall not be disclosed to the
advertiser), etc. If and insofar as the Member is not
interested in being contacted as aforesaid, he is
requested to state this in the appropriate section in
the emailed publication .
Jurisdiction
35. This Agreement shall be governed
exclusively by the laws of the State of Israel. Any
dispute arising under this Agreement shall be heard in
the courts of the district of Tel-Aviv-Yafo in Israel,
regardless of the Member's identity, nationality, or the
geographical location where he makes use of the Portal's
services.
Customer
Service
36. Buzzi's Customer Service Center can be
contacted with questions relating to this Agreement
and/or the Portal on Sunday to Thursday from 9:00 a.m.
to 6:00 p.m. (GMT) at telephone number
+ 44 203 051 6250
Miscellaneous
37. Tax shall be deducted by Buzzi as
required by the laws of the State of Israel from any and
all considerations paid according to this Agreement.
38. Buzzi is not responsible for any damage
caused due to technical malfunctions, faults in
uploading pictures and/or Works, failures in loading the
Internet page and/or Portal, defects originating in the
software and/or hardware connected with the Portal
and/or site maintenance.
39. For the avoidance of doubt only,
nothing contained in this Agreement and/or the site
and/or the content services shall constitute any
undertaking to sell contents and/or Works through the
Portal.
40. The Member states and warrants that he
is 18 years old and above, and if he is under 18 he has
received his parents' consent. The Member states that he
reads and understands English well, and that his
personal details given in the registration form is
accurate, on his behalf and valid. Should the Member
mislead Buzzi in this information, this shall constitute
a breach of this Agreement, and in any case Buzzi does
bear and nor shall it bear any responsibility as a
result.
Undertakings:
I, the undersigned, hereby declare that I
have read the Agreement and that I consent to its
content and terms and conditions in full.
I undertake to protect the copyrights in
and to the Portal and the Works.
I undertake to bear any and all payments
and/or expenses caused as a result of the breach of the
provisions of this Agreement and/or my abovementioned
undertakings.
By clicking on "Submit" at the bottom of
this Agreement, I confirm that I have read, consented
and undertaken all the foregoing.
|