|
|
|
|
| main | photos | forums | articles | photoblogs | news | about us | virtual tour | faq | contact | feedback | |
|
catagories
|
terms and conditions
Last updated: 15 January 2006 The following Terms and Conditions of Use govern your use of this site and its services. We recommend that you read through this document in its entirety before using any of the services or products featured on this website. The sections of the Terms and Conditions of Use are listed below. To go directly to a particular section, please click on the relevant section header:
These terms and conditions of use constitute a legal agreement between you (“User” or “Member”) and Vizero Ltd. (“We” or “Our”) for use of the services and products provided on the Vizero.com website. Please read this agreement carefully before signing up as a member or continuing to use this website, as this document is intended to protect you, Vizero.com and all other parties involved, and to make Vizero Ltd. safe for all users. 2. Accepting The use of this website is subject to your unconditional acceptance of the terms, conditions and regulations contained within this document and any other guidelines or rules applicable to this website. By using this website you agree to be bound by the terms and conditions of this agreement. If you do not agree, do not check the box indicating agreement, and stop using this site. These Terms and Conditions of Use may be updated from time to time with or without notice, as detailed in the section 14. Modifications to Agreement below. 3. Terminology Within the context of digital images and only therein, Vizero Ltd. will use the term "Sale", "Sell", "Selling", "Sold" and derivations of these words, to signify the provision of access to the digital image file with consent by the digital image file owner (as defined in 7.i) Ownership User submitted images) to allow download in return for a fee. Reciprocally, within the context of digital images and only therein, Vizero Ltd. will use the term "Purchase", "Purchasing", "Buy", "Buying", "Bought" and derivations of these words, to signify the acquisition (and derivations of this word) of the digital image file with consent by the digital image file owner (as defined in 7.ii) Ownership Purchaser of images) through payment for access to the file. 4. Nature of service Vizero.com provides a service where members can publicly display their photos, get ratings and critiques on their work by fellow photographers or visitors, and most importantly, sell their photos on a royalty-free basis to anyone (including but not limited to publishers, advertisement agencies, web designers, and other enthusiasts) interested in purchasing their work. Storage space is provided by us on a subscription basis, and allocated in fixed portions for specified periods of time. We collect fees for storing digital images and retailing them through the means of this website. Subscription fees for storage may change without notice, and any such changes will effect new subscriptions and extension of current subscriptions only. In addition, fees for selling digital images are subject to change, and member will be notified of any such change in advance via E-mail. We never buy images to resell for profit and our members retain the ownership and copyright of all their images. 5. Registration In order to register as a member you need to be at least eighteen (18) years old. By registering as a member you verify that you are at least eighteen (18) years old and shall be held to the terms and conditions of this agreement. In registering you are required to provide Vizero.com with certain data. You are responsible for providing us with true, accurate and complete information in all of the required fields of the registration form. Only one account per user is permitted. Members also agree to maintain and update the registration data to keep it true, accurate and complete at all times. A member may not:
Additional information may be collected by Vizero.com, either through surveys or by various data tracking tools, which can include, without limitation to, your web browser, pages accessed and type of computer. You agree that we may disclose certain aggregate information to third parties but that we will not disclose any personally identifiable information without your prior authorization except as required by law. For more information on how we deal with user information, please see our Privacy Policy. 6. Account During registration each user will be required to select a username and password. The password is used for authentication purposes to access the members section of this website. The rights of any member to use this website, and any other product or service offered by Vizero.com, is personal to that member and is non transferable by assignment, sublicense or any other method to any other person or entity. Any such attempt will constitute a breach of this agreement and will result in termination of the member’s right to use this website. Members are responsible for choosing a password, and taking the necessary precautions, such as to maintain the privacy of his or her password. In the event that a member suspects that a third party has access to his or her account, the member shall change his or her password immediately by using the facilities provided to modify his or her profile. Should the problem persist Vizero.com must be notified via the form on our contact us page. Upon registration a member is allowed to subscribe to storage space for, and specifically limited to, digital images. Members are able to renew their subscription and add more storage space to his or her account at any time. You agree that Vizero.com and other users of this website are entitled to rely and solely attribute to you any action that is undertaken using your username, nick-name or password. Hence you are solely liable for any loss or damages, in whatever form, arising from the misuse of your username, nick-name or password, weather or not such misuse is due to your fault or negligence. You agree that the provision set forth above is commercially reasonable. Vizero.com is doing its utmost to prevent any loss of data. In the unlikely event of such a data loss (including but not limited to computer systems' failure) causing unrecoverable loss of digital images in member's account, Vizero.com will not be held responsible for any kind of damages the member could sustain as the result of such data loss. Each member is responsible for keeping copies of all files submitted to Vizero.com and will be given an opportunity to resubmit any digital images that could have been lost in the event of a loss of data. 7. Ownership i) User submitted images In submitting any image (further referred to as “Content”) to this website you warrant that you are the sole copyright holder. Further, by allowing your image to be sold you certify that you control the legal rights and relevant permissions necessary to sell this image. Any violation of this rule will result in immediate termination of the account member rights to this website and incur possible legal consequences. As the creator of the Content you are the copyright holder, unless the work was done as work for hire, or, you conveyed the copyright to another party in a written and signed agreement. Further, by submitting your images, you grant Vizero.com, its employees and affiliates, a non-exclusive right to store, resize, copy, distribute, transmit, display, reproduce, transfer and access these files on the Vizero.com website and any computer system owned or rented by Vizero Ltd. as we, at our sole discretion, find necessary, including but not limited to, normal website operation, image manipulation for thumbnail and medium sized picture, adding of watermark, and using images to promote Vizero Ltd. Additionally, by indicating that you want to sell your image, you warrant Vizero.com the right to resell the image file on a royalty-free basis and granting the buyer of this image file the rights to use it according to the terms defined in the Royalty-Free License Agreement, as stated. You will remain copyright holder of the image and can resell it as may time as you want as explained in the Royalty-Free License Agreement. Submission of images including, but not limited to child pornography or of otherwise pornographic content, offensive or otherwise illegal images is strictly forbidden. We do allow tasteful erotic images and the distinction between what can be considered an erotic and pornographic image shall be ours (at the discretion of Vizero Ltd.) and is non-negotiable. Nor do we allow the submission of images displaying copyrighted logos or trademarks. We reserve the right to remove any image, at our sole discretion, that is found inappropriate or that violate these terms and conditions of use in any way. Should any of your contributions be deemed illegal by any law having jurisdiction over you, then our Privacy Policy will cease to apply, your member account will be terminated and we will supply the relevant authorities with all necessary information. ii) Purchaser of images Use of purchased images via Vizero.com is regulated by the rules set forth in the Royalty-Free License Agreement and is intended to protect the interest of all parties involved in the transaction, including copyright holders of images, buyers of images, any other third parties and Vizero Ltd. iii) Other by user submitted content Any comments, ratings, critiques, testimonials, feedback, ideas, concepts or other by user submitted information, excluding that stated in the section 7.i) User submitted images above, is not deemed confidential and Vizero Ltd is free to reproduce, use, disclose and distribute this information (the said materials, hereinafter referred to as “Material”) to others without limitation. You agree that Vizero.com may use this Material for any purpose without any obligation of payment, or otherwise, to you. Submission of insults, profanity, intolerant remarks, subjective or irrelevant text with the intention of public display is not permitted, and once discovered, will be removed at the discretion of Vizero.com. In the event of repeated instances of such behavior Vizero.com reserves the right to terminate the membership of the relevant member. The Material referred to in this section excludes any personally identifiable information provided by you in connection with your registration with the exception of username, nick-name and any information you choose to disclose as public available information through your profile page. For terms and conditions relating to our use of personally identifiable information please see our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms and Conditions of use of such information. iv) Website This website is owned and operated by Vizero Ltd. All content featured or displayed on this website including, but not limited to, text, graphics, photographs, sound, illustrations, moving images and software with the exception of photographs belonging to members of our website (“Content”), is owned by Vizero Ltd. All elements of Vizero.com are protected by, but not limited to, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with Vizero Ltd, no Content from this website may be copied or reproduced via any means other than this website and its Content and all relating rights shall remain the exclusive property of Vizero Ltd, unless otherwise expressly agreed. You shall indemnify Vizero Ltd against any losses, expenses, costs or damages incurred by any breaches of the rights specified in these terms of conditions of use or your unauthorized use of the Content or related rights. 8. Disclaimer THIS WEBSITE AND ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, PRODUCTS OR RESULTS, ARE PROVIDED "AS IS" AND VIZERO LTD. EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. VIZERO LTD. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT VIZERO LTD., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Vizero Ltd. nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages, and that the risk of injury from any such event rests entirely with each user. Vizero Ltd. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the Vizero.com website; however, these other websites are not controlled by Vizero Ltd. and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Vizero Ltd. regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Vizero Ltd. may provide services from this website. For example, you may obtain promotional offers through advertisement banners regarding certain products, which could be of interest to you. Vizero Ltd. does not evaluate or warrant the offerings or services of these parties, and does not assume any responsibility or liability for the actions, product, services, or content of these parties. Users agree that the liability of Vizero.com, its affiliates, agents, licensors, subcontractors and partners, if any, arising out of any kind of legal claim (weather in contract, tort, or otherwise) in any way connected with this website or the information in this website shall not exceed the amount paid to Vizero.com by same user for use of this website. Because countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, incidental or otherwise, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by national provisions. This disclaimer shall remain in effect after these Terms and Conditions of Use have been terminated. 9. Indemnifications You agree to indemnify and hold Vizero.com, Vizero Ltd, its employees, agents, subsidiaries, affiliates, contributors or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of this Website or from users violation of these Terms and Conditions of use or any third party's rights including but not limited to copyright, property, and privacy rights weather you are a registered user or not. This indemnification and hold harmless obligation will survive these Terms and Conditions of use and your use of this Website. 10. Refund Vizero.com does its outmost to provide our users with the best service; however, should a member be dissatisfied with our service, a refund can be requested as set forth below (for further details, see our Refund Policy). We will accept claims from members within 7 calendar days from when the fees were collected. Once the refund has been processed the member's account will return to its state prior to the member’s payment of the refunded fees. To claim a refund of a fee paid within the last seven (7) work days, please send your request via our contact us page quoting your date of birth, username (which was confirmed by us during your registration), and the Payment ID for the fee you would like refunded. We will endeavour to refund the member as soon as possible with a maximum delay of thirty (30) days. 11. Termination A registered member of Vizero.com may terminate his or her membership at any time. This is done by submitting a message via the form on our contact us page. No fees or monies paid by the member will be refunded, unless termination is initiated by the member |