Terms of service
DESCRIPTION OF SERVICE
Photocentra (“We”) provides a platform via its website (“Site”) to a community of registered users (“Users” or “you”) to upload and display photographs and/or other images (“Content”) share comments, opinions and ideas, promote Content series, participate in contests and promotions, register for premium membership accounts (“Premium Accounts”). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Photocentra reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Photocentra will notify you by posting an announcement on the site. What constitutes a material change will be determined at Photocentra’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Content shall constitute your acceptance of the Terms as modified.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Photocentra. Photocentra reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Photocentra may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Content and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Photocentra and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Photocentra account.
Services are available authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Premium Accounts, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Content containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Content; b) entities that represent owners of Content including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Content. If you are the owner of the Content, but not the creator, you are not allowed to upload content for the purposes of self advertising.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Photocentra are entirely responsible for all Content that you post, or otherwise submit to the Site. Photocentra does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Photocentra. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Photocentra user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of voting for or against users’ Content;
- To post copyrighted Content or other Communications that do not belong to you or, with exception of commenting on Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter recommendation counts, vote counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for recommendation, votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person;
- To sell or otherwise transfer your profile.
You are solely responsible for your interactions with other users of the Site. Photocentra reserves the right, but has no obligation, to monitor disputes between you and other users.
If you upload a Content and/or add any text (“content”) to Photocentra, you confirm that such content does not violate these Terms of Service or any applicable law. You also confirm that you possess the legal right to grant us rights of use to the extent as defined below. You always keep control of your content and are free to delete your content from Photocentra at any time.
When you upload content to Photocentra, you grant us the right to use this content worldwide, non-exclusively and free-of-charge for the Photocentra Community. This means we can integrate your content into our website and mobile app, making it searchable and visible to the public. This includes the right to save your content, to technically reproduce it, to make it publicly available, to publicly perform, to edit (e.g. modify the resolution), and/or to combine it with other content. This grant of rights is non-exclusive, so you are free to grant the same rights to third parties. This means you can share and sell your Content on any other Content selling platforms at the same time.
We showcase Content by members of the Photocentra Community on social media and the Photocentra Blog. Therefore, you also grant us the right to use your Content on other social networks (e.g. Facebook, Twitter, Pinterest and Instagram), within the Photocentra Community (e.g. Photocentra Team account) and on the Photocentra Blog, be it to present, share, like, and/or comment on your content. In such cases we will always credit your work with your name and/or username.
To terminate your grant of rights for a photo for the future simply delete the photo at any time. Photos that have already been shared on social networks will not be automatically deleted from such networks and may therefore still be used.
Notifications and Communication
In your account settings, you may choose which email you want to receive from us and which not. By turning these notifications on you give your consent for us to contact you respectively. You can revoke your consent by turning these options off at any time. You also agree that we may contact you by email with relevant Photocentra Community information, such as the selection of your photos for the Photocentra Collection or Photocentra Blog.
PREMIUM ACCOUNT SERVICES
Photocentra provides premium services to holders of its ‘Plus’, ‘Premium’ or ‘Pro’ Premium Accounts. To register for a Premium Account, you must be at least 18 years of age and have a valid Photocentra account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Premium Account holders:
- Services available to Premium Account holders are described on the account Upgrade page.
- Photocentra may modify, suspend or discontinue Services provided to Premium Account holders at any time at its sole discretion and without prior notice.
- Photocentra provides new Premium Account holders with a fourteen (14) day free of charge trial period. If you choose to terminate your Premium Account after the 14-day trial period, you are not entitled to any refund for any fees paid for your Premium Account.
Photocentra maintains a fair storage policy to ensure stable and fast service to all users.
Free accounts are limited to a maximum of 1 new photographs/images per day and 2500 photographs/images in total. Any additional storage may result in restrictions on your account including limited access to your Content or a requirement to upgrade if the limit is exceeded.
Premium Accounts are limited to maximum of 4 new photographs/images per day in gallery 100,000 photographs/images in total (approximately 2,500Gb of storage and 15Gb of data transfer per month). Premium Accounts that exceed a limit will be notified of their usage and restrictions may be imposed if usage is not corrected.
The Services may provide, or third parties may provide, links to other web sites or resources. Because Photocentra has no control over such sites and resources, you acknowledge and agree that Photocentra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Photocentra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Photocentra, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Photocentra, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (1) a breach of these Terms, (2) Content posted on the Site, (3) the use of the Services, by you or any person using your account or Photocentra username and password, or (4) any violation of any rights of a third party.
DELETION OF CONTENT AND CANCELLATION OF ACCOUNT
You may remove your Content or your data from your account completely at any time. You may also cancel your account at any time. In this case all of your content will be automatically and irrevocably deleted from our platform and no longer publicly visible.
If you cancel your Photocentra account your personal data (names, e-mails, etc) and uploaded Content will be deleted within two weeks. All your activity (such as recommendation, votes, comments, views, etc) will be saved in anonymized form.
We may delete content that, in our opinion, violates the Terms of Service, the rights of third parties and/or applicable laws, or is unacceptable for other reasons. We may cancel your account if our contractual relationship ends.
Any rights granted will be terminated upon final deletion of Content. The rights to Content that have been used prior to deletion, as well as completed license agreements and rights of use granted with such license agreements, remain unaffected.
Photocentra may terminate or suspend any and all Services and/or your Photocentra account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Photocentra account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Photocentra will automatically remove all Content posted to your account.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Photocentra EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Photocentra DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER Photocentra NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. Photocentra SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Photocentra’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND Photocentra AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Photocentra AND ALL PARTIES TO ANY SUCH PROCEEDING.