User Agreement

Last Update: 28 Aug, 2019

Membership at Photoimaginart.com

This member agreement applies between Imaginart LTD. (PiART) and You (the Member) where You will obtain membership at PiART's website and You grant PiART the right to display your uploaded photographs.

1. Definitions

The following terms shall have the meanings assigned to them herein below:

1.1 "Agreement" means the terms and conditions below, to which You have agreed to be bound.

1.2 "Member" (or "You") means the individual or entity that has accepted and agreed to be bound by the terms and conditions of this Agreement.

1.3 "PiART's website" shall mean PiART's websites PiART.com, personal homepages hosted by PiART and any subdomains.

1.4 "Gallery" shall mean the collection of photographs approved and selected to be published on PiART's website by the curators of PiART.

1.5 "Your Photographs" shall mean the photographs that you have uploaded to PiART's website.

1.6 "Your Submitted Material", shall mean Your Photographs, your avatar photo, your cover photo, your biography, photo descriptions and any other text, material or information, submitted to PiART by You.

1.7 ”Your Account" shall mean the account You register at PiART's website.

1.8 "Account Menu" shall mean the menu in the top navigation to the far right with a small silhouette or your presentation photo.

1.9 ”Your Manage Photos Page” shall mean the overview of Your Photographs in the Account Menu where you manage Your Photographs when You are logged in to PiART’s website.

1.10 ”Your Settings Page” shall mean your Settings page in Your Account Menu where You edit Settings and view agreements.

2. License Grant

2.1 PiART is hereby granted the right to display, process and store Your Photographs and all Your Submitted Material on PiART's website. You will remain the copyright owner of Your Photographs and all Your Submitted Material.

2.2 PiART is hereby granted the right to display Your Photographs in thumbnail versions websites other than PiART's website. PiART is also granted the right to display share-buttons for social network sites below Your Photographs.

2.3 PiART is hereby granted the right to display, process and store Your Photographs and Your Submitted Material, including, but not limited to, in computers, mobile devices, tablets, TVs, monitors, media centers, image streaming devices and digital picture frames and in apps for any and all such devices.

3. Terms of Service

3.1 For terms and conditions for using PiART's website and/or services the Terms of Service apply, to which you accept and agree to be bound (TODO: Link).

4. Privacy Policy

4.1 For terms and conditions regarding PiART's processing of your personal data and use of cookies, the Privacy Policy applies, to which you accept and agree to be bound (TODO: Link).

5. Warranties and Indemnifications

5.1 You warrant that You are 18 years old or above, which is the minimum age required to use PiART's services.

5.2 You warrant that You are the copyright owner of Your Photographs and that You have all necessary permits and sufficient rights in and to Your Photographs to grant to PiART and PiART's Partners the rights indicated under Section 2 above. For avoidance of any doubt, if Your Photographs is a montage, You warrant that You are the copyright owner and that you have all necessary permits and sufficient rights in and to all parts of Your Photographs to grant PiART and PiART's Partners the rights indicated under Section 2 above.

5.3 You undertake to defend, at your own expense, PiART and PiART's Partners against any claims from third parties alleging that PiART's or PiART’s Partners use of Your Photographs in accordance with this Agreement constitute an infringement of any rights of a third party (hereinafter referred to as "Claims") and to indemnify and hold PiART and PiART’s Partner’s harmless from any costs, damages, liabilities, and/or expenses (including reasonable legal fees) suffered or incurred by PiART or PiART's Partners due to or arising from such Claims.

5.4 You warrant that You have all the necessary model releases and that You have obtained all the necessary approvals from persons that appear in Your Photographs to grant to PiART and PiART's Partners the rights indicated under Section 2 above.

5.5 You warrant that You have all the necessary property releases and that you have obtained all the necessary approvals for any property, buildings, architecture, structures or sculptures appearing in Your Photographs to grant to PiART and PiART's Partners the rights indicated under Section 2 above.

5.6 You warrant that You have all the necessary permits, rights and releases and that You have obtained all the necessary approvals for any live performances appearing in Your Photographs to grant to PiART and PiART's Partners the rights indicated under Section 2 above.

5.7 You warrant that Your Photographs do not contain any illegal material and/or in themselves constitute illegal material.

5.8 You warrant that Your Photographs do not contain anything that may constitute a violation of the personal integrity and privacy of an individual.

5.9 You warrant that Your Photographs do not contain anything that may offend, slander, defame or discriminate any individual, entity or group of people.

5.10 You warrant that Your Photographs do not contain any pornographic material.

5.11 You warrant that Your Photographs do not contain any offensive material.

5.12 You undertake to indemnify PiART and PiART's Partners for any and all costs, losses and/or damages incurred by PiART due to or arising from a breach of any of the warranties under this Section 5.

5.13 You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section 5, PiART may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded.

6. Member's Undertakings

6.1 You undertake to register a valid email address when you create Your Account and to keep Your Account information updated with a valid, active email address in Your Settings Page at all times.

6.2 You warrant that you are the author of all of Your Photographs and if Your Photographs is a montage, that You are the author of all parts of Your Photographs. You are not allowed to upload photographs to PiART's website, which someone else is the original author of, for example stock photography or creative commons material, or use such material in any part of Your Photographs. If in doubt, PiART might request original digital source files, RAW-files or negative scans from You to verify that You are the author of Your Photographs.

6.3 You warrant that each of Your Photographs mainly consists of digital original photographic source files from camera or film negatives and are not computer generated. If in doubt, PiART might request digital original source files or negative scans from You to verify that Your Photographs is not computer generated.

6.4 You undertake to only register one account at PiART's website. If Your Account has been banned, or if You have lost your username or password, or for any other reason, You are not allowed to register a new account, without the written consent of PiART, instead contact [email protected]

6.5 You undertake to keep your password safe and never share it with anyone or write it down. PiART's staff will never ask for your password. If you have lost your password You are able to reset it on PiART's website.

6.6 You warrant that the residential country You have selected is the country You actually reside in. You undertake to always keep your residential country updated in Your Settings Page.

6.7 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 6, PiART may delete one or more of Your Photographs and may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded.

7. PiART's Undertakings

7.1 PiART decides exclusively and in its sole discretion which of Your Photographs to publish or not publish in the Gallery. A decision not to publish Your Photographs in the Gallery can not be appealed. No reasons will be given why Your Photographs were published in the Gallery or not. If Your Photographs have been published in the Gallery, PiART undertakes to display them in the Gallery.

7.2 PiART undertakes to acknowledge and identify you as the author of Your Photographs. Such acknowledgement will be made on PiART's website and on social network sites, blogs, photo sites, magazine sites, news sites and any other sites where Your Photographs have been posted. For thumbnail versions of Your Photographs you will be acknowledged as the author directly below the thumbnail or when Your Photographs are opened up in full size.

8. PiART's Handling of Your Photographs

8.1 Once Your Photographs have been published in the Gallery, it is not possible to delete them unless you delete Your Account. Your Photographs posted to social network sites, blogs, photo sites, magazine sites, news sites or included in PiART's blog, magazine, photo tutorials or contests will not be deleted even if Your Account is deleted. If there are special circumstances for deleting one or more of Your Photographs published in the Gallery, for example copyright issues or personal integrity issues, contact [email protected] and state your reasons for deletion. PiART decides exclusively and in its sole discretion if Your Photographs will be deleted or not in such a case. A copy of all Your Photographs sent to the curators may be saved as a history of your uploads for the curators and are not possible to delete unless you end your membership. Your Photographs not sent to the curators or published in the Gallery can be deleted by You at any time.

8.2 PiART may at any time publish Your Photographs in the Gallery or remove Your Photographs from the Gallery.

8.3 You may upload high resolution files of Your Photographs. By default Your Photographs will be displayed on PiART's website in the original size you have uploaded, but Your Photographs will never be displayed in greater width than 2500 pixels or height than 2500 pixels. If Your Photographs are uploaded in greater resolution than 2500 pixels width or height, they will be downsized so the maximum width and height do not exceed 2500 pixels, when displayed to the public on PiART's website. PiART will keep copies of the image files of Your Photographs in the highest resolution uploaded.

8.4 You acknowledge and agree that PiART have the right to delete any of Your Photographs, high resolution files or any other of Your Submitted Material at any time and for any reason, from PiART's website or other websites where Your Photographs are displayed.

9. Rules for Communicating on PiART's Website

9.1 When communicating on PiART, in all forms of communication and written messages, including but not limited to photo titles, photo comments, photo descriptions, contest posts, presentation texts, always use a friendly, polite language. Never write in anger, insult, slander, defame, offend, discriminate or make personal accusations or attacks against someone. Never use a rude language. When commenting on another member's photos you are required to be extra careful. Insulting, offending, slandering, defaming or discriminating someone for any reason is strictly prohibited.

9.2 You are not allowed to question the decisions of PiART and its curators to publish or not publish photos in the Gallery or discuss individual decisions in public in any and all forms of communication on PiART's website.

9.3 You acknowledge and agree that PiART has the right to delete any written message or other text or material submitted by You at any time and for any reason.

9.4 You acknowledge and agree that if You fail to fulfil any of your undertakings under this Section 9, PiART may temporarily or permanently ban Your Account from writing posts and comments on PiART's website or temporarily or permanently ban or delete Your Account from PiART's website. If Your Account is banned or deleted no money for paid membership fees will be refunded.

10. Usage of and Linking to Photos

10.1 Copying, downloading, taking screenshots, displaying, printing or otherwise using photos on PiART's website without the written consent of PiART is strictly prohibited. It's strictly forbidden to remove the watermark or copyright information attached to photos on PiART's website.

10.2 When linking to photos on PiART's website, You are only allowed to link to the full image page with all information included (https://photoimaginart.com/photo/_context_/_id_), never link directly to the image file or in any other way. You are not allowed to link to photos on PiART's website by copying images and use them as links, only text links are allowed on other sites.

10.3 You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section 10, PiART might temporarily or permanently ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded.  PiART has the right to economical compensation for violations against Section 10.1 above.

11. Membership Types and Prices

11.1 For a detailed list of conditions and prices for the different memberships, refer to: F.A.Q or the information you received when you signed up or made a payment for membership fees. These conditions may be subject to change at any time.

12. Ending Membership

12.1 If you end your membership by explicitly contacting us by email, Your Account will be deleted immediately. Your Photographs and Your Submitted Material will be deleted immediately. All Your Photographs and high resolution files of Your Photographs will be deleted within maximum 6 months after you deleted Your Account. Your Photographs, Your Submitted Material and personal information may still remain on backups, not accessible by the public, after Your Account has been deleted. Your Photographs and Your Submitted Material posted on social network sites, blogs, photo sites, magazine sites, news sites and any other sites and associated information will not be deleted.

12.2 For terms and conditions regarding deletion of your personal data when ending your membership the terms and conditions in the Privacy Policy apply (Privacy Policy).

12.3 If you end your membership, no payments for membership fees will be refunded.

12.4 If you have ended your membership you are not allowed to register a new account at PiART's website without the written consent of PiART.

13. Liability and Limitation Thereof

13.1 PiART undertakes to inform PiART's Partners and subcontractors in accordance with Sections 2,5 and 6 above. PiART does not, however, undertake any liability for PiART's Partners' and subcontractors' compliance with such information and/or PiART's Partners' and subcontractors' use of Your Photographs.

13.2 PiART and PiART's Partners is relieved from liability from any consequences of hacker attacks or otherwise unauthorised access to their servers or databases, which results in a third party's possession or spreading of any personal information, Photographs, image files other material or information.

13.3 PiART and PiART's Partners are relieved from liability from any consequences if PiART's or PiART's Partners' website or any of PiART's services or products (including, but not limited to, personal homepages) are unavailable for any period of time.

13.4 PiART and PiART's Partners are relieved from liability from any consequences of errors or faults in PiART's website or its services (including, but not limited to, personal homepages and prints sales).

13.5 PiART and PiART's Partners are relieved from liability from any consequences of any illegal, slandering, offending, discriminating or defamatory comments or other material provided by its members. You are personally responsible for any such comments or material which You submit to PiART's website.

13.6 PiART and PiART's Partners are relieved from liability for a failure to perform an obligation under this Agreement if such failure is due to a circumstance of the type stated below (Relieving circumstance) and the circumstance prevents or makes substantially more difficult the timely performance of such obligation. A Relieving circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, leaving of personnel, illness or other reduction of work capacity, death, conflicts on the labour market, blockade, fire, flood, war, loss or destruction of property or data of major significance or a major accident.

13.7 PiART AND PiART'S PARTNERS SHALL IN NO EVENT BE LIABLE TOWARDS YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES OR PRODUCTS PROVIDED BY PiART OR PiART'S Partners.

13.8 PiART'S AND PiART's PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED BGN 1000.

14. Termination

14.1 If you have ended your membership and Your Account has been deleted, this Agreement is terminated. Sections 2.5 and 2.6 (License grant), Section 5 (Warranties and Indemnifications), Section 13 (Liability and limitation thereof), Section 17 (Legal disputes) and Section 18 (Miscellaneous) survive termination of this Agreement.

14.2 If Your Account has been deleted by PiART in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated. Sections 2.5 and 2.6 (License Grant), Section 5 (Warranties and Indemnifications), Section 13 (Liability and Limitation Thereof), Section 17 (Legal Disputes) and Section 18 (Miscellaneous) survive termination of this Agreement.

14.3 If this Agreement has been terminated in accordance with Section 14.1 or 14.2 above, you are not allowed to register a new account at PiART's website.

14.4 If this Agreement is terminated no money for paid membership fees will be refunded to You.

15. Refunds of Membership Fees

15.1 Once a payment for membership fees has been made to PiART, no money will be refunded, except if You have made a double payment by mistake. In such a case one of the payments will be refunded upon a request made to [email protected] within 14 days from when the payment was made. However, PiART will comply with mandatory law.

15.2 If Your Account has been banned or deleted in accordance with any of the provisions under this Agreement, no money for membership fees will be refunded.

16. Changes

16.1 PiART may at any time change the provisions of this Agreement. PiART shall notify you of any changes when you are logged in to PiART's website and by sending an email to your registered email address in Your Settings Page. You will be requested to accept such changes, included in a new agreement on PiART's website. If you decline the new agreement, this Agreement is terminated and the terms and conditions for termination under Section 15 apply. If You do not either accept or decline the new agreement within 30 days, the new agreement will replace this Agreement and You will be bound by the new agreement.

17. Legal Disputes

17.1 Any dispute which may arise between You and PiART regarding the terms and conditions of this Agreement shall first be settled by friendly arrangements after discussions with our customer support. If and when such a dispute is not settled by such arrangements, any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Bulgaria Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Sofia, Bulgaria. The language of the arbitration shall be English. This Agreement shall be governed by the substantive law of Bulgaria, disregarding conflict of law provisions.

18. Miscellaneous

18.1 The parties are independent entities and neither shall be considered an agent, employee, commercial representative, partner, franchisee or joint venturer of the other. Neither party shall have any authority, absent express written permission from the other party, to enter into any agreement, assume or create any obligations or liabilities, or make representations on behalf of the other party not stated in this Agreement.

18.2 To the extent any provision in this Agreement is deemed illegal, void or unenforceable, that provision shall not affect the remaining provisions of this Agreement.

18.3 This Agreement, including the Privacy Policy (Privacy Policy) and Terms of Service (Terms of Service), incorporates the entire understanding between the parties. This Agreement supersedes any prior agreements between the parties, whether made orally, in writing or otherwise. No modification, amendment or waiver of any provision of this Agreement shall be binding unless executed in writing by both parties. Notwithstanding the above, PiART may change the terms and conditions of the Privacy Policy and/or Terms of Service in accordance with the provisions regarding changes in the Privacy Policy and Terms of Service.

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