1. General
    • ONVVI (“the Site”) is here to offer architects and interior designers computer generated visualizations (“Visualizations”) of their plans and designs.
    • Use of this Site is governed by these Terms of Use (“Terms of Use”), and the ONVVI Privacy Policy which can be found on the Site at www.onvvi.com/privacy. These two documents should be read carefully and in their entirety before advancing to any of the pages or other areas of this Site. If you have any questions regarding these documents, or the Site, please contact us at support@onvvi.com.
    • These Terms of Use apply to all users of the Site, whether you are simply browsing, submitting data or content, ordering a preview, or using the Site or interacting with it in any other way. The term “user” or “users” therefore applies to anyone performing any of the above actions.
    • By using this Site, you agree to be bound by these Terms of Use.
    • The Terms of Use apply to all areas of the Site as well as any related App, whether operating at www.onvvi.com (“the Domain”), or from our server in any other way that we may develop in the future. We may transfer or copy the Site, in whole or in part, to any other platform or change the name of the Site. The Terms of Use shall continue to apply to the Site as transferred, copied and under the changed name.
    • We may amend these Terms of Use at any time, and the most recent version will always be available by selecting the “Terms of Use” link displayed prominently on the Site. The revised Terms of Use will come into effect and bind users once posted on this Site, and if you access or use the Site after that date, your use will constitute acceptance of such revised Terms of Use.  If any change to these Terms of Use is not acceptable to you, your only remedy is stop accessing and using the Site. Therefore, users are encouraged to check the Terms of Use frequently for amendments.  
  1. Access and Use of this Site
    • ONVVI grants you permission to access and use this Site on the condition that you accept and abide by these Terms of Use.
    • ONVVI may cease or terminate the operation of this Site, or any area of the Site, either temporarily or permanently at ONVVI’s discretion.
    • You may not: (i) alter, modify, reverse-engineer or amend any part of this Site, other than by submitting User Content (as defined hereunder), under the rules set out in these Terms of Use; (ii) use this Site, or any information on or about other users obtained from this Site to send any spam or other unauthorized or unsolicited commercial communications or publicity materials, solicitations, chain-letters and the like; (iii) transmit to or by way of this Site any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.
    • You may not circumvent, disable or otherwise interfere with any technological measures used on this Site, which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of users.
    • Users agree not to operate or use any automated system or program, including any robot (“bot”), spider, crawler and the like, that sends user requests to the Site in a quantity that exceeds the number of requests that a human being, not using such a system or program, would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable user would send during the normal course of personal, non-commercial use of the Site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this Site or our servers solely for the purpose of indexing this Site and its contents in the search engine.
    • We permit links to this Site, provided the link is made and used in an acceptable and non-misleading manner and that this Site is not framed by the linking Site. We reserve the right to revoke permission to any Site to link to this Site in our absolute discretion. We do not allow links from any Site that promulgates, promotes or encourages illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or that contains content that is obscene or unsuitable to the general public.
    • We may provide links to certain Apps or sites on the Worldwide Web that are not owned or operated by ONVVI. These links are provided as a service to our users, because we think those Apps or sites may be of interest to them. We do not endorse such Apps or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.
    • Use of forums, blogs, chats, review features and other areas of this Site allowing speech is granted on condition that you abide by the rules of these features. Comments that you make using these features will be regarded as User Content and will be governed by these Terms of Use.
  1. Establishing Accounts and Ordering Visualizations
    • In order to order a visualization or set of visualizations you will first need to register and create a user account (“Account”) requiring a user name and password, and a user area.
    • All information supplied by you to obtain an account, user name or password must be true, full and accurate.
    • All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without ONVVI’s written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of ONVVI.
    • You are responsible for all activity on your account. If you become aware of any unauthorized use of your account, user name or password, you should immediately notify ONVVI. Such notification will not however render ONVVI responsible for any unauthorized use, whether occurring before or after such notification.
    • ONVVI may refuse registration of any user at its complete discretion and may terminate your access to the Site, or any area of the Site, or an account, user name or password, at any time, at its complete discretion.
    • Ordering Visualizations or sets of Visualizations is done through the interface provided on the Site and involves following all steps, including submitting the information required during the ordering process, uploading the plans in a compatible format and size and paying the requisite fee.
    • ONVVI will review orders. If information or documents are incomplete or unclear we will request you to provide the missing information and documents and clarifications. Once you have provided the required information, plans or designs and made the required payment, ONVVI will commence work on the Visualizations. We will use our best efforts to supply the Visualizations within seven working days of receipt of all of the above. We will not be responsible for any delays caused by reasons beyond our control. If we need to correspond with you, supply of the Visualizations may be delayed for aperiod lasting from the time of correspondence until that later of the end of the next working day, or the next working day after we receive your response. You will receive a notice when Visualizations have been uploaded to your personal area.
    • If ONVVI does not upload the Visualizations to your personal area within seven days or the relevant stated time, other than due to reasons beyond its control, we will refund your payments. ONVVI’s aim is that you will be more than satisfied with our services and Visualizations and will become a returning customer. However, dissatisfaction with Visualizations is not cause for a refund.
    • Each order will be categorized as a separate project (“Project”). You should download and save the details of each project as soon as you receive notice that they have been uploaded by us. The site is not designed for long-term storage of data. All documents regarding your project, including plans, designs and Visualizations will be deleted 30 days after we have uploaded the Visualizations. Additionally, ONVVI may delete all documents and data in any account that is inactive for six months or more, or that has otherwise been terminated.
    • By uploading plans or designs you warrant and affirm that you are the exclusive owner of all copyrights and other intellectual property rights in those plans or designs and that you have full authority to authorize ONVVI to create the Visualizations ordered by you and to use them on the site as set out in Section K of this clause.
    • You should retain copies of all plans and designs and any other document uploaded by you. We will not be responsible for loss of any plan, design or other document and cannot commit to being able to recover any lost data. If restoration is possible, we will charge $10 for each 1 MB, or part thereof, of data restored.
    • ONVVI may publish visualizations as examples of its work, on the Site and in any advertising material in any media which is designed to advertise ONVVI or its services.
  1. Payments
    • Payments from you are processed by third-party payment service providers, such as PayPal®. Information provided by you to the payment service providers is not stored on our servers.
    • The processing of payments and storage of information by third party payment service providers are governed by the Terms of Use and the Privacy Policy of the payment service providers.
  1. Intellectual Property Rights
    • You shall retain all copyright and other intellectual property rights in your plans and designs. Upon full payment of the required fee, you shall become the owner of copyright in the Visualizations.
    • Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this Site and any materials on the Site, including its source program and any and all texts, questions, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials (“Materials”), other than the rights in your plans and designs and in User Content as defined below, are owned by, or licensed to ONVVI, and are protected by law, as well as under international treaties. All rights in such material are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. These Materials are provided for the personal, non-commercial use of users and may not be published, copied, reproduced, publicly performed or displayed, broadcast, transmitted, or made available to the public, commercially rented, distributed, sold, licensed or otherwise exploited without the specific, written authorization of ONVVI, or the Licensor of the Materials (in regard to all materials other than User Content) or the copyright holder (in regard to User Content).
    • The ONVVI name, mark and logo are the property of ONVVI and may not be used for any purpose without ONVVI’s prior written consent.

 

  1. User Content Submissions (other than Designs and Plans).
    • This Site may contain materials or content, including texts, graphics, designs and other materials appearing in publications which is or has been submitted by users (such as in forums are other interactive areas of the Site that we may add in the future) or by third-party advertisers. Such materials are referred to as “User Content”.
    • By uploading User Content, you warrant and affirm that you are the exclusive owner of all copyrights and other intellectual property rights in that User Content.
    • Users shall retain all copyright and other intellectual property rights in User Content posted or uploaded by them.
    • By uploading or posting User Content, you the user grant ONVVI, its licensees and affiliates a perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable, royalty free and payment free license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public, commercially rent and distribute and otherwise exploit the User Content or any part of it, including to adapt, edit, alter, change, mix and remix, add to or detract from and to create derivative works based on or using it, or any part thereof, all of the above on this or any affiliated Site and in or by way of any other media or technology, whether now known or hereafter invented, perpetually, throughout the universe, but only in relation to the operation or promotion of the Site. In addition, you grant ONVVI a perpetual license to use your name, likeness and voice in connection with the above.
    • ONVVI will use its best efforts maintain any credits appearing on User Content, however Users must recognize that due to the nature of the Site, ONVVI will not be required to grant and will not be liable for any omission, deletion or alteration of any credit in regard to User Content. Nonetheless, in case of omission, deletion or alteration, users are invited to contact ONVVI, who will be happy to correct the same, in as far as is reasonably possible.
    • Users may not post or upload Materials or content of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds; (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness;  (vi) contain nudity or pornographic, obscene or profane materials; (vii) are otherwise inappropriate to the general public; (viii) are menacing, threatening or intimidating;  (ix) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or ONVVI; (x) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause, but such shall not prohibit the publication of an event; (xi) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xii) contain any address or contact information of any person other than the user himself, unless the user has obtained the prior written consent of such person.
    • ONVVI is not responsible in any manner for the User Content, including third-party publicity and advertising materials. We allow the posting and uploading of User Content as a service to users for their own and other users enjoyment, independent review, assessment, evaluation and use under these Terms of Use. We do not endorse or approve any User Content or any materials, contents messages or statements contained therein. All user content and the information contained therein are the representations, ideas and views of the submitting users only.
    • User Content may be submitted only under these Terms of Use. Users will be solely responsible for the User Content posted or uploaded by them and all materials contained therein, and for any legal or other results or consequences of such Materials.
    • Although we welcome your submissions, we reserve the right to refrain from publishing or posting it on the Site.
    • When you post or upload materials or content, that content will or may become available to other users and may be viewed by them.
    • ONVVI reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by us to be in bad taste or contradictory to the policies and purposes of ONVVI, or are the subject of a complaint by a third party, without any need for notice to the posting user. In case of gross or repeat infringements, we reserve the right to terminate the account of the user with no prior notice.
  1. Complaints of Infringement
    • We respect the copyrights and other rights of all persons and organizations and expect you to do so also.
    • If you are ONVVI of a copyright or the authorized agent of any copyright holder and you believe that any content on this Site, including any User Content, infringes upon your copyright, or if you believe that any content on this Site infringes any other intellectual property right, other than copyright or any other right of yours, or in any other manner harms you, or if you have any other complaint regarding the Site, please notify us so that we may review your complaint. You may submit a written notification to support@onvvi.com.
    • All complaints should be sent in writing to the above address and should give the following details:

(i)         Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.

(ii)        Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you,

  1. ii)       a statement that you own the rights claimed to have been infringed, or are the authorized agent of ONVVI;

iii)      a detailed statement identifying as fully as possible the allegedly infringing material and its location on this Site, including by detailing its URL.

(iii)      Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  • We will review all complaints promptly but reserve the right to decide whether to act on such complaints.
  1. Use of Contact Information
    • By registering a user Account with this Site, or any area of the Site, or by submitting your contact details in any other manner, you grant us your explicit consent to use that information, including all contact information to send you information and offers, including commercial or advertising email from us and/or our business partners or affiliates, using all means of communications provided by you, unless you have clearly indicated that you are not interested in receiving such communication.
    • At any time, you may request us remove your details from our mailing list that serves for these communications by sending a request to support@onvvi.com, or by way of the link that will be provided in each mailing to you.
    • For more information on how we use information submitted by you, please see our privacy policy at http://www.onvvi.com/privacy.
  1. Disclaimer of Warranty
    • ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, ONVVI DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.
    • USE OF THIS SITE ARE AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, ONVVI, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, AND USE THEREOF BY ANY USER.
    • ONVVI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE, INCLUDING ANY INTERUPTION OR DELAY IN COMMUNICATION THROUGH WIRELESS, CELLULAR OR OTHER NETWORKS; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE OR ANY TRANSACTION WITH THE PUBLISHER OF AN EVENT, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
  1. Limitation of Liability
    • IN NO EVENT SHALL ONVVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING ANY PUBLICATION OF AN EVENT ORUSER CONTENT, OR ANY SITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING OR USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY USER CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY ONVVI. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    • IN NO EVENT SHALL THE LIABILITY OF ONVVI EXCEED THE DIRECT FEES PAID BY YOU DURING THE PREVIOUS ONE (1) YEAR PERIOD TO ONVVI FOR THE SERVICES OFFERED ON THE SITE.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
  1. Indemnity
    • You agree and undertake to fully indemnify ONVVI, its officers, directors and employees from and against any and all damages, loses, costs and expenses of whatever kind, including attorneys fees and any sums paid under any settlement, incurred or suffered as a result of any claim, demand or suit by any third party, whenever and wherever filed, arising out of: (i) your access and use of this Site, including your posting and/or uploading of any User Content; (ii) any infringement of these Terms of Use by you; (iii) any other act or omission of yours, including any infringement of any intellectual property right or any other right of any third party.
  1. Assignment
    • The permissions and licenses granted to you hereunder are personal and may not be assigned by you to any third party without the prior written consent of ONVVI.
    • ONVVI may assign, transfer, license or sub-license its rights and any license received by you.
  1. Miscellaneous
    • This Site is designed to conform to the laws of the state of Israel. If you are viewing or using this Site from another state or country, please be aware that you will be transferring information outside of your state or country. Your continued access and use of this Site will indicate your consent to this.
    • These Terms of Use and the ONVVI privacy policy located at www.onvvi.com/privacy, together with any legal notices that may be posted by ONVVI on the Site, constitute the entire agreement between You and ONVVI regarding the Site and your use thereof. Any previous agreements, representations or undertaking between the parties regarding the subject matter of the agreement are null and void.
    • The headings to these Terms of Use are intended for convenience only and shall not be used for interpretation.
    • If any provision or provisions of these Terms of Use should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.
    • No failure of ONVVI to invoke or enforce any of these Terms of Use shall be considered as a waiver of any right of ONVVI.
    • These Terms of Use shall be governed and construed under the laws of the state of Israel. Exclusive jurisdiction over any dispute arising out of or under these Terms of Use shall be with the courts of Tel-Aviv, Israel. You hereby waive any right to file a claim in any other jurisdiction.
    • THESE TERMS OF USE WILL BECOME BINDING UPON YOUR USE OF THIS SITE.

“Owner” / “we” / – ONVVI