FILEFIESTA.COM TERMS OF USE

Effective from: March 25, 2020

1. INTRODUCTION

1.1. The use of the FileFiesta.com website (the “Website” or the “Service”) is governed by these terms of use (the “Terms”) including the Privacy Policy. By using the Website, you agree to be bound by the Terms.

1.2. The Website is restricted to legal purposes and to legally qualified individuals or corporations.

1.3. These Terms regulate the relationship between Prodonet (the “Operator”) and any person/entity using the Website. If you do not agree with the Terms, please leave the Website immediately. The Operator reserves the right to terminate your access for non-compliance.

1.4. These Terms govern your access to the Website and apply to all your interactions with the Website’s data, content, and services.

1.5. The Operator may update these Terms at its sole discretion without prior notice. The binding terms are those available on the Website at the time of your use. You should read the Terms and Privacy Policy before using the Service.

1.6. These Terms constitute the entire agreement between you and the Operator, superseding all prior agreements. In case of contradiction between the Terms and website content, the Terms prevail.

1.7. The Operator reserves the right to change or terminate the Website’s activity without prior notice or consent.

1.8. The Service is normally accessible 24/7, but may be interrupted due to errors or maintenance reasons beyond the Operator’s control.

1.9. For questions regarding the Terms or Privacy Policy, contact the Operator at info@filefiesta.com. The Operator’s contact details may change without notice.

1.10. Your use of and reliance on information from the Service is at your own responsibility. The Operator serves solely as a platform enabling users to browse and purchase digital assets such as clip art, graphics, illustrations, and design elements. The Operator has no control over how these assets will display on different devices or applications.

2. DEFINITIONS

Content: The Website, digital assets, product information, webpages, and any illustrative form in mailings.

Service: The Website, related products/services, personal support, and any modifications by the Operator.

Website Errors: Interruptions in availability due to reasons not directly controlled by the Operator.

You/Users: Individuals and entities authorized to use the Service, including employees, consultants, and service providers.

Your Data: Electronic information you provide or collected by the Operator during your use of the Website.

3. DIGITAL ASSETS; PURCHASING LICENSES

3.1. The Operator enables you to browse, preview, and purchase digital assets including clip art, graphics, illustrations, and design elements for use in your creative projects.

3.2. You may purchase digital assets for a fee. Such licenses may be for personal or commercial use as specified in each asset’s individual license terms.

3.3. All digital asset sales are final. No refunds or exchanges after download, consistent with standard e-commerce practices for digital goods.

3.4. The Operator is solely a platform and has no control over how digital assets will display on different devices or applications, or misuse by third parties.

4. LIABILITY AND LIMITATION OF LIABILITY

4.1. The Operator is not liable for communication between you and content creators or other users.

4.2. You may be exposed to digital assets of various styles and themes. Misuse of such assets is strictly forbidden.

4.3. The Operator reserves the right to act against users who breach these Terms, including blocking access.

4.4. The Operator has no liability for any direct or indirect damages resulting from your use of the Website or reliance on its content.

4.5. The Operator has no relation to how you use the digital assets and is not liable for any actions resulting from your use of the Service.

4.6. The Operator does not warrant that all links on the Website are active and shall not be liable for any damages from your use of third-party webpages.

4.7. Services may be interrupted or contain errors. The Operator does not warrant immunity from illegal access, hardware/software errors, or other damage.

4.8. Information and Services may include inaccuracies. The Operator does not warrant uninterrupted, error-free, or virus-free service.

4.9. The Operator has no responsibility for third-party applications where digital assets may be used. Claims regarding such applications should be addressed to their developers.

4.10. The Operator has no control over misuse of digital assets by third parties. Claims must be addressed to such third parties.

5. INTELLECTUAL PROPERTY

5.1. All intellectual property rights to the Website and its functionality are reserved to the Operator.

5.2. The Website, webpages, design, and communications are solely owned by the Operator.

5.3. You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any content except as permitted by the specific license terms of each digital asset.

5.4. You warrant not to redistribute the digital assets except as permitted in the specific license terms.

5.5. By using the Website, you agree to respect the intellectual property rights of all assets available on the platform.

5.6. The Operator may add its name, logo, or text to promotional materials featuring digital assets sold on the Website.

5.7. Ownership and intellectual property rights of third-party content are owned by their proprietors. You agree to be bound by any Third Party Agreements.

5.8. The Operator respects intellectual property rights. Report infringements to info@filefiesta.com.

6. USE OF PERSONAL INFORMATION; MAILINGS

6.1. The Operator respects user privacy. See the Privacy Policy for information usage details.

6.2. The Operator may send service notifications, updates, and newsletters in accordance with Israeli Communication Law.

7. SECURITY

7.1. The Website uses advanced security tools. You warrant not to interrupt the Website’s activity, steal information, or breach security mechanisms.

7.2. If you breach the above terms, the Operator may block your access and take legal action. You will indemnify the Operator for all resulting damages.

8. TERM AND TERMINATION

8.1. This Agreement begins when you start using the Website and continues until you stop using it.

8.2. The Operator may terminate this Agreement if: (i) you breach any provision; (ii) required by law; or (iii) the Service is no longer commercially viable.

8.3. The Operator may amend the Terms at any time by publishing amendments on the Website. Continued use constitutes consent.

8.4. The Operator may shut down the Website without notice and shall have no liability for resulting damages.

8.5. Terms regarding intellectual property and liability limitation survive termination.

9. GENERAL TERMS, GOVERNING LAW AND MESSAGES

9.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between you and the Operator.

9.2. The Service is provided “as-is,” and the Operator shall have no liability for any damages resulting from your use.

9.3. This Agreement is governed by the laws of the State of Israel. Disputes are subject to the exclusive jurisdiction of Tel Aviv courts.

9.4. All notices shall be in writing and deemed given upon sending an email with confirmation of arrival.