Effective Date: February 18, 2024
Welcome! These Terms of Service (“Terms”) govern your access and use of the online service offered by Photopickr (“Service”). By accessing or using the Service, you agree to be bound by these Terms, including any future amendments which we may post here. If you do not agree to all of these Terms, you are not permitted to access or use the Service.
1. Definitions
- Photographer: An individual or entity who uploads photos to the Service for clients to view, select and order.
- Client: An individual or entity who uses the Service to view and order photos from Photographers.
- Content: Photos, text, data, information, and other materials uploaded, submitted, or otherwise provided by Users (Photographers and Clients) to the Service.
- User: Any individual or entity who accesses or uses the Service, including Photographers and Clients.
2. Use of the Service
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users of the site.
2.1 Photographers:
- You use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site
- You are responsible for setting your own prices for photos and setting your own fulfillment terms (e.g., delivery times)
- You are responsible for responding to and fulfilling Client orders in a timely and professional manner
2.2 Clients:
- You are responsible for ensuring that all Content you submit to the Service is accurate and complete.
- You agree to pay the prices set by Photographers for the photos you order to the Photographers.
- You agree to comply with all applicable laws and regulations when using the Service.
3. User Conduct
- You agree to use the Service only for lawful purposes.
- You agree not to upload or submit any Content that is:
- Defamatory, obscene, hateful, or threatening, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on the intellectual property rights of any third party.
- Constitutes unauthorized or unsolicited advertising, junk or bulk email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Impersonates any person or entity, including any of our employees or representatives.
- Violates any applicable laws or regulations.
- You agree not to use the Service to:
- Spam or harass other Users.
- Collect or store personal information about other Users without their consent.
- Attempt to gain unauthorized access to the Service or any other computer system.
4. Content Ownership
- Photographers retain all ownership rights to the photos they upload to the Service.
- Clients acquire a non-exclusive, non-transferable license to use the photos they order for personal, non-commercial purposes.
5. Disclaimer of Warranties
- The service is provided “as is” and “as available” without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
- We shall not be liable for any damages arising out of or related to your use of the service, including but not limited to direct, indirect, incidental, consequential, and punitive damages.
7. Termination
- You agree that we may terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service.
- You may terminate your use of the Service at any time by deleting your account.
8. Changes to the Terms
- We may update these Terms from time to time by posting a new version on the Service. Your continued use of the Service after any such update constitutes your acceptance of the updated Terms.
9. Governing Law
- These Terms shall be governed by and construed in accordance with the laws of European Union.
- Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
10. Entire Agreement
- These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
11. Contact Us
- If you have any questions about these Terms, please contact us.