The purpose of the website PhotoDeck.com ("the Site"), owned and operated by PhotoDeck (SARL) ("the Owner"), is to provide photographers, video producers, and their authorized representatives ("Subscribers") the technical means ("Service") to publish, market, license, sell and distribute their images, video clips and other products ("Subscriber Content"), in digital or physical format, to visitors of the Site ("Users").
To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and his client (Users).
Users Responsibility
Neither the Site nor the Owner give any assurance of the suitability of Subscriber Content for any use.
You acknowledge that any purchase or licensing of Subscriber Content over the Site is between you and the Subscriber, and that neither the Site nor the Owner are a party in said transaction.
Under no circumstances will you use the Site or the Service to:
- violate any law or otherwise engage in any unlawful activity ;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable ;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity ;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site ;
The Site reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Site in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct.
Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
Service Operation
The Owner will make every reasonable effort to keep the Site and the Service operational. However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- THE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT UPLOADED WILL BE AVAILABLE (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND ACCESS OR RETRIEVE SUBSCRIBER CONTENT OR CONTENT POSTED ON THE SITE ; (ii) DOWNLOAD AND USE OF SUBSCRIBER CONTENT WITHOUT LICENSE AGREEMENT IN VIOLATION OF THESE TERMS AND CONDITIONS (iii) UNAUTHORIZED DISCLOSURE OF SUBSCRIBER CONTENT (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OF THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
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 may not apply to you. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
Indemnity
You agree to indemnify and hold the Owner harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site and the Service, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
The section titles in these Terms are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability.
