Terms of Use

Please read these Terms of Use carefully before accessing or using this website, footage, images, audio, software, apps, and/or plug-ins made available by Questday Media or its affiliates (individually and collectively, the “Site” or “Website”)

1. ACCEPTANCE OF TERMS
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Questday Media Company, owned and operated by Bareli Media, hereinafter referred to as (“Questday Media” or “Questday Media Company”), may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use.

1.2 Questday Media may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of questday.media to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with Questday Media, and the law, you may access and use the Site. Questday Media remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Questday Media may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Questday Media’s sole discretion. Questday Media provides the Site on an “as is” and “as available” basis.

2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “Questday Media Content”), as well as the selection and arrangement of the Questday Media Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Questday Media Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Questday Media, Questday Media does not grant any express or implied permission to use the Site or any Questday Media Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Questday Media Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Questday Media Content.

2.3 Unless you enter into a license agreement with Questday Media you may not download, distribute, display and/or copy any Questday Media Content.

2.4 You may not remove any watermarks or copyright notices contained in the Questday Media Content.

3. QUESTDAY MEDIA TRADEMARKS
3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Questday Media.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Questday Media Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use Questday Media’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Questday Media.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Questday Media Trademarks or the Trademark rights claimed by Questday Media.

3.5 You agree that you will not use any Questday Media Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without Questday Media’s prior written consent any word or mark which is similar to or likely to be confused with Questday Media’s Trademarks.

3.7 The look and feel of the Questday Media website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Questday Media and may not be copied, imitated or used, in whole or in part, without the prior written consent of Questday Media.

3.8 All other trademarks, product names, and company names or logos used or appearing on the Questday Media website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Questday Media, unless expressly so stated.

3.9 You may not use a Questday Media trademark, logo, Image or other proprietary graphic of Questday Media to link to the Questday Media website without the prior written consent of Questday Media.

3.10 You may not frame or hotlink to the Questday Media website or any Image without the prior written consent of Questday Media.

4. INFORMATION YOU PROVIDE
4.1 Questday Media (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Questday Media subject to your agreement with the applicable third-party platform. Questday Media’s collection and use of all such information shall at all times conform to this Terms of Use, the Questday Media Privacy Policy, and applicable law.

4.2 Questday Media will use and protect your personal information, such as your name and address, in accordance with the Questday Media Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

5. YOUR CONTENT
5.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Questday Media will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2 By uploading Your Content, you grant Questday Media an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
Exploits minors;
Depicts unlawful acts;
Depicts animal cruelty or violence towards animals;
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
Violates any law, statute, or regulation.

5.4 You may not use any Questday Media Content for any purpose without first obtaining a license to use such Questday Media Content. Any use of Questday Media Content by you shall be governed by the applicable license agreement separately entered into between you and Questday Media. Displaying and/or distributing to the public any watermarked or unlicensed Questday Media Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

6. INFRINGEMENT CLAIMS
6.1 If you believe that any Image or other material made available by Questday Media infringes upon any copyright that you own or control, you may notify Questday Media.

7. LIMITATIONS
7.1 You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Questday Media or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Questday Media or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

8. RESTRICTION AND TERMINATION OF USE
8.1 Questday Media may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Questday Media Content at any time in Questday Media’s discretion, without prior notice or liability to you. Any conduct by you that, in Questday Media’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

9. LINKS TO THIRD PARTY SITES
9.1 In the event that the Site is available through any third-party platform, or if Questday Media provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Questday Media makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Questday Media, and Questday Media provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Questday Media.

10. WARRANTIES AND DISCLAIMERS
10.1 Your use of the Site is at your own risk. The Site is provided by Questday Media under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Questday Media expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Questday Media makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Questday Media makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Questday Media will continue to support any particular feature of the Site.

11. INDEMNIFICATION
11.1 You agree to defend, indemnify and hold harmless Questday Media, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Questday Media Content, or your violation of any rights of another.

12. REFUNDS
12.1 Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the following terms has been breached;

Item is “not as described and not as previewed”:
If an item is materially different from the item description, a preview or a sample file, you will be entitled to a refund.

Item doesn’t work the “way it should”:
If an item doesn’t work the way it should and can’t easily be fixed This includes situations where the item has a problem that would have stopped you from buying it if you’d known about the problem in the first place. If the item can be fixed, then the author is required to do so promptly by updating the item otherwise you are entitled to a refund of that item.

12.2 Questday Media will have no obligation to provide a refund or credit in situations like the following:

you have changed your mind about an item;
you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill; or
you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

12.3 If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase, unless we notify otherwise.

13. MISCELLANEOUS
13.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the Israeli Institute of Commercial Arbitration in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Israel. The language of the arbitration shall be English or Hebrew. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Questday Media shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Questday Media, such action is necessary or desirable.

13.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Israel, without respect to its conflict of laws principles.

13.3 In the event of any conflict between these Terms of Use and any license agreement you enter with Questday Media, the terms of such license agreement shall control.

13.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.