Terms And Conditions

Preamble this

Application of these general terms and conditions

By using the dokuforte.co.il website (hereinafter: Website) that is operated by Qumran Foundation in any way or by offering hard copies of photographs to Qumran Foundation in a way stipulated herein you implicitly express that you are aware of the provisions of these general terms and conditions (hereinafter: General Terms and Conditions) and you accept and acknowledge them as binding, thus you agree to enter into a contractual relationship with Qumran Foundation with the content stipulated herein. Please, before using the Website, read these General Terms and Conditions carefully, and start using the Website only in case you agree with all its provisions. In case you have any questions or comments with regard to these General Terms and Conditions, please reach out to us by sending an e-mail to [email protected]

Description of the project

Dokuforte(hereinafter: Dokuforte or Project) is a free-to-use community photo archive containing photographs taken in the territory of Israel (or in the origin countries of the families before aliya) since the 19th century, until 1998 that is operated by [Qumran Foundation] (hereinafter: Foundation). The main goal of the Project is to locate and digitalize the private photos of Israeli families and private individuals and, by preserving the common past of the Israeli people this way, to pass our common future on our children. In order to achieve this goal, Foundation wishes to gather photographs primarily from families and private individuals and secondarily from professional photographers, public collections, other legal entities and other entities not having legal personality as well.

Under and in relation to the Project, Foundation wishes to achieve particularly, but not exclusively:

• digitalization of the photographs from private and public collections;
• publication of the photographs in an accessible way;
• granting free sharing of the photographs in line with the license stipulated herein;
• preservation of values;
• ensuring researchability;
• providing professional background;
• community building;
• preparation of thematic compilations (blog, print and online media);
• organizing exhibitions, publications.

Definitions

Under these General Terms and Conditions, the following words and phrases indicated with capital letter shall have the meaning defined below:

1. Project shall mean the Dokuforte project as described in section I. 2. above.
2. Foundation shall mean the Qumran Foundation (registry number 13-01-0004210), a foundation established and operated under and in line with the pertinent laws of Hungary, that manages and operates the Project and the Website.
3. Website shall mean the dokuforte.co.il that is operated by the Foundation from servers located at several different countries.
4. User shall mean all private individuals, legal entities and other entities not having legal personality (represented by a private individual) who use the Website in any way either with or without registration, especially – but not exclusively - by uploading Photographs to the Website, by browsing the Website or by downloading Photographs from the Website.
5. Photograph shall mean the photographs taken in the territory of Israel (or in the origin countries of the families before aliya) since the 19th century, until 1998 by any photorecording means that are uploaded by the Users to the Website or offered to the Foundation in another digital way or in hard copies by private individuals or – in exceptional cases – by professional photographers, public collections, other legal entities, and other entities not having legal personality, and are published by the Foundation on the Website. Under these General Terms and Conditions hard copy shall mean any photograph that is contained in any analog (non-digital) form (e.g. developed photo, photonegative, slide film etc.).

Providing the Foundation with photographs

Uploading photographs to the Website

1. Registration to the Website
   Users may upload Photographs to the Website after registration. In order to register to the Website, Users must provide their full name, and an actually used e-mail address and phone number. Registration to the website user must be 16 years or older. By registering, the User represents and warrants that the provided data are correct and are corresponding to the reality. Foundation excludes its liability for any damages arising in any way or in any relation out of the provision of incorrect or false data by the registering User.

2. Selection of the Photographs published on the Website
   Foundation reserves the right to decide at its sole discretion which of the Photographs uploaded by the Users to the Website will be published on the Website, therefore the Foundation does not warrant that all the Photographs will be published on the Website.

Providing Foundation with hard copies of Photographs

1. Ways of providing hard copies of Photographs
   In addition to the uploading to the Website, Users may provide the Foundation with hard copies of Photographs as well. The method thereof is subject to e-mail discussions with the Foundation.

2. Scanning/digitalizing the provided hard copies and sending them back to the providing User
   Foundation undertakes to scan and digitalize all the hard copies of the Photographs provided by the Users in a professional way. The return of the Photograph(s) to the User by the Foundation is subject to e-mail discussions. In this relation the Foundation excludes its liability for all damages – not including the damages caused intentionally – incurred in the hard copies of the Photograph(s) in relation to the scanning of the hard copies or the sending to or by the Foundation.

3. Selection of the Photographs published on the Website
   Foundation reserves the right to decide at its sole discretion which of the Photographs provided by the Users in hard copy and scanned by the Foundation will be published on the Website, therefore the Foundation does not warrant that all the Photographs will be published on the Website.

Representations, warranties and permissions concerning the Photographs provided by the Users

1. Representations regarding copyrights
   By uploading (a) Photograph(s) to the Website or by providing Photograph(s) to the Foundation in hard copy, the User represents and warrants that he/she is entitled to dispose of the Photograph(s). In case the Photograph(s) has (have) not been taken by the uploading or providing User, the User represents and warrants that he/she has obtained the permission of the person taking the given Photograph(s) or the person owning the copyrights concerning the Photograph(s) to upload the Photograph(s) to the Website or to provide it (them) to the Foundation in hard copy. The User represents and warrants that in case a third party raises any kind of copyright claims against the Foundation in any relation to the Photograph(s) uploaded or provided by the User, the User shall assume full liability for compensating the Foundation for any damages – including but not limited to fines, compensations, legal fees, other costs etc. – arising out of or in any relation to the claim of the third party or the defense against it.

2. Permission to use the Photographs
   By uploading (a) Photograph(s) to the Website or by providing Photograph(s) to the Foundation in hard copy, the User grants its unlimited permission to the Foundation (i) to publish the Photograph(s) on the Website; (ii) to publish the Photograph(s) in any other online surfaces; (iii) to publish the Photograph(s) in printed publications; (iv) to publish the Photograph(s) at exhibitions; and (v) to publish and use the Photograph(s) in any other way not listed above. The User represents and warrants that his/her right of disposal or permission to upload or to provide concerning the Photograph(s) as per the previous subsection c) covers the permission granted under this subsection as well.

3. Representations and warranties regarding moral rights
   In case there is (are) recognizable image(s) of (a) private individual(s) in the Photograph(s) uploaded by the User or provided by the User in hard copy, the User represent and warrants that he/she has obtained the permission of the person(s) whose image(s) are recognizable in the Photograph(s) to upload the Photograph(s) to the Website or to provide it (them) to the Foundation in hard copy and to grant permission to the Foundation to use the Photograph(s) as per the previous subsection d). The User represents and warrants that in case a third party raises any kind of personal right claims (in particular but not limited to claims concerning the right to image) against the Foundation in any relation to the Photograph(s) uploaded or provided by the User, the User shall assume full liability for compensating the Foundation for any damages – including but not limited to fines, compensations, legal fees, other costs etc. – arising out of or in any relation to the claim of the third party or the defense against it.

Photographs provided by professional photographers, public collections or other legal entities

Professional photographers, public collections or other legal entities may provide the Foundation with Photographs under a separate written agreement. In these cases, the provisions of these General Terms and Conditions are applicable only in case it gets stipulated by the parties.

License to use the Photographs downloaded from the Website

General provisions

This Chapter III regulates the use of the Photographs downloaded by the Users from the Website. When applying the provisions of this Chapter III, Foundation shall be considered as licensor (in this chapter also referred to as: Licensor) while the User using the Photographs downloaded from the Website shall be considered as licensee (in this chapter also referred to as: Licensee). The use of the Photographs under this Chapter III shall cover in particular, but not limited to, the printing, the reproduction, the multiplication, the publication etc. of the Photographs.

License

1. The Photographs published on the Website are free to download without paying any consideration in exchange. The Licensor hereby waives all its rights to royalties concerning the Photographs as well.

2. The Licensee may use the Photographs downloaded from the Website in any way – other than those limitations and conditions set forth herein - without any limitations.

3. The use of the Photographs must not aim or result in a publication that may result in in or may be interpreted as – either partial or full – duplication of the Website or the collection of Photographs available on the Website.

4. If any of the Photographs is used by the Licensee publicly, the Licensee shall indicate that the Photograph was downloaded from the Website by indicating “Dokuforte” and the name of the person/other entity providing the given Photograph (expected format: “Dokuforte / provided by NAME”) either in the Photograph or in another obviously identifiable way.

5. In case the Licensee makes any alteration to any of the Photographs the fact of the alteration shall be indicated as well either in the Photograph or in another obviously identifiable way.

6. The Licensee must not grant sublicense concerning the unaltered Photographs either for free or for consideration to any third parties without the prior written permission of the Licensor.

7. The Licensee acknowledges that the license granted by Licensor herein concerning the Photographs is not an exclusive license.

Protection of rights

Licensee must not (i) make any alterations to the Photographs, (ii) publish the Photographs either digitally or in hard copies or (iii) use the Photographs in any other way whatsoever that may in any way damage or jeopardize the reputation, rights and legitimate interests of the Foundation or third parties. Foundation expressly maintains the right to take any and all legal actions against any person violating this section.

Exclusion of liability

Licensor hereby excludes its liability for any and all damages that are suffered by the Licensee in any relation to the use of the Photographs under the license granted by Licensor herein concerning the Photographs (hereinafter: License). In case a third party asserts any claim against the Licensee in any relation to the use of the Photographs under the License, the Licensor shall not be held liable for the damages of the Licensee incurred in any relation to the third party’s claim. In case a third party raises any kind of claims against the Licensor in any relation to the use of the Photographs under the License, the Licensee shall assume full liability for compensating the Licensor for any damages – including but not limited to fines, compensations, legal fees, other costs etc. – arising out of or in any relation to the claim of the third party or the defense against it.

Termination and modification of the License, reservation of rights

1. The License shall terminate automatically in case the Licensee breaches in any way these General Terms and Conditions in particular, but not limited to, the provisions of this Chapter III.

2. The Licensor reserves the right to terminate the License unilaterally at any time.

3. The Licensor reserves the right to modify the terms and conditions of the License unilaterally at any time without prior notification.

Miscellaneous provisions

Data protection

The personal data provided by the Users in relation to the legal relationship established by these General Terms and Conditions are managed according to the Foundation’s data management policy that is available on the Website.

Modification of these General Terms and Conditions

The Foundation may at any time amend the provisions of these General Terms and Conditions without the prior notification of the Users thereon. The amendment shall enter into effect as of the day of its publication on the Website.

Partial invalidity

If any provision of these General Terms and Conditions is invalid, unlawful or unenforceable, or becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality or enforceability of the other provisions of these General Terms and Conditions.

Entire agreement

The provisions of these General Terms and Conditions constitute the entire agreement between the Foundation and the User. There are no other oral or written agreements, supplementations that would be applicable to the legal relationship between the Foundation and the User established by these General Terms and Conditions.

Applicable laws

The issues not regulated entirely or at all by these General Terms and Condition shall be governed by the relevant provisions of the pertinent Hungarian and, in general, to the legal relationship between the Foundation and the User established by these General Terms and Conditions, the Hungarian laws shall be applied.

Dispute resolution, jurisdiction

In case any legal dispute emerges between the Foundation and the User in any relation to these General Terms and Conditions, the Foundation and the User shall endeavor to resolve such dispute by way of negotiations in an amicable way. In case the negotiations do not result in a settlement that is satisfying for both parties within a reasonable time, the legal dispute shall be judged by the court that has competence and jurisdiction under the Hungarian laws.

Languages

These General Terms and Conditions were prepared in English and in Hebrew, these linguistic versions are both available on the Website. In case of any discrepancies between the two versions, the English version shall prevail.

Supporting the Foundation

The method and purpose of collecting donations

• You can donate through the bank card payment interface provided by Barion Payment Zrt., via direct bank transfer, or by bank transfer at a bank branch or post office.
• Donations are managed by the following payment service provider: Barion Payment Zrt., 1117 Budapest, Infopark sétány 1.
• You can deposit any of the amounts listed on the site or any specified amount.
• Donations can be made in HUF, EUR, or USD currency.

Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.