Terms of Use

1. Acceptance of Terms

Welcome to ivrifogel.com (the "Website"), operated by Ivri Fogel ("we," "us," or "our"). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

These Terms constitute a legally binding agreement between you and Ivri Fogel. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this page.

2. Intellectual Property Rights

2.1 Ownership

All content on this Website, including but not limited to photographs, films, videos, cinematographic works, graphics, text, logos, icons, audio, design elements, software, source code, and the overall look and feel of the Website (collectively, "Content"), is the exclusive intellectual property of Ivri Fogel and/or its licensors. The Content is protected by Canadian copyright law, the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, and all other applicable international intellectual property laws and treaties.

2.2 Restrictions

You may not, without prior written permission from Ivri Fogel:

• Copy, reproduce, distribute, publish, display, or transmit any Content.
• Modify, adapt, translate, or create derivative works based on any Content.
• Use any Content for commercial purposes, including but not limited to resale, licensing, or sublicensing.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use any Content to train, develop, or improve any artificial intelligence, machine learning model, algorithm, or similar technology.
• Frame, mirror, or otherwise incorporate any portion of this Website into any other website or application.
• Use automated tools, scrapers, bots, or spiders to extract Content or data from this Website.

2.3 DMCA and Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe that any content on this Website infringes your copyright, or if you become aware of any unauthorized use of our Content elsewhere, please contact us at start@ivrifogel.com with a detailed description of the alleged infringement.

3. Permitted Use

This Website is provided for personal, non-commercial viewing and informational purposes only. You may browse the Website and share links to its pages. You agree to use this Website only for lawful purposes and in a manner that does not:

• Infringe upon or violate any third party's rights, including intellectual property, privacy, or publicity rights.
• Violate any applicable local, national, or international law or regulation.
• Transmit any viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to any part of the Website, server, or connected systems.
• Interfere with or disrupt the integrity or performance of the Website.
• Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
• Use the Website in any manner that could damage, disable, overburden, or impair it.

4. Portfolio and Creative Services

The Content displayed on this Website is representative of past and current creative work. All work shown is for portfolio and demonstration purposes. The display of any project or client work on this Website does not imply any transfer of intellectual property rights to Website visitors.

Any engagement for creative services (cinematography, photography, design, or related work) is subject to a separate, written agreement between the parties. Nothing on this Website constitutes a binding offer, contract, or guarantee of availability, pricing, or specific deliverables.

5. Third-Party Links and Services

This Website may contain links to external websites and third-party platforms, including but not limited to Instagram, YouTube, LinkedIn, and IMDb. These links are provided for your convenience and do not signify endorsement of, or affiliation with, any third-party website or its content.

We have no control over, and assume no responsibility for, the content, privacy policies, practices, availability, or security of any third-party websites or services. You access external websites entirely at your own risk and subject to those websites' respective terms and conditions.

6. Disclaimer of Warranties

THIS WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IVRI FOGEL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVRI FOGEL, AND HIS AFFILIATES, AGENTS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website.
• Any Content obtained from or displayed on the Website.
• Unauthorized access to or alteration of your transmissions or data.
• Any conduct or content of any third party on or linked from the Website.
• Any other matter relating to the Website.

In no event shall our total aggregate liability exceed one hundred Canadian dollars (CAD $100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Ivri Fogel, and his affiliates, agents, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any claim that your use of the Website caused damage to a third party.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the use of this Website shall be subject to the exclusive jurisdiction of the courts of Thailand.

If you are a consumer in the European Economic Area, you retain any mandatory consumer protection rights afforded to you under the laws of your country of residence, and you may bring proceedings in the courts of that country.

10. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts as described in Section 9.

11. Force Majeure

Ivri Fogel shall not be liable for any failure or delay in performance resulting from causes beyond his reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or any other event beyond reasonable control.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ivri Fogel with respect to your use of this Website, and supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, regarding the same subject matter.

14. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. Any changes will be posted on this page with an updated "Last updated" date. Material changes may be communicated through a notice on the Website. Your continued use of the Website after any modification constitutes acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the Website.

16. Contact

For any questions, concerns, or notices regarding these Terms, please contact:

Ivri Fogel
Bangkok, Thailand
Email: start@ivrifogel.com