LEGAL NOTICE
IN GENERAL |
The present Terms of Use are governing the usage of the website www.fosphotos.com ("the Website"). The above website belongs to FOTAGOGOS LTD ("the Company"). Access to and use of the site and services of the Company by the User implies implicit agreement with the following Terms of Use, which apply to all content, pages, graphics, images, photographs and files contained therein. The present Terms of Use constitute a binding legal agreement between the User and the Company. By accessing and using this website the user agrees and confirms that accepts the present Terms of Use. Therefore, the User should read carefully and comprehend the present Terms of Use. IN CASE THAT YOU DO NOT AGREE AND DO NOT ACCEPT THE TERMS OF USE OF THE WEBSITE, YOU ARE OBLIGED NOT TO USE THE SERVICES THAT ARE PROVIDED BY THE COMPANY AS WELL AS THE CONTENT OF ITS WEBSITE. The Company may unilaterally revise and amend the present Terms of Use at any time and without prior notice. For this reason, you should regularly read the Terms of Use uploaded on the Website, in order to determine any potential modifications. Continued access or use by the User of this Website and of the services provided by the Company, even after any modifications on the Terms of Use shall be deemed as an unconditional acceptance of the modified Terms of Use. |
PREAMBLE |
The Company is the sole creator, operator and administrator of the website www.fosphotos.com. The Website operates as an image bank, whereby photographers upload their work, with the intention to present it, promote it and commercially exploit it. Via the Website, the Company trades to legal entities or private individuals photographic and audio-visual material (either in digital or printed form). The photographic and audio-visual material may be used: a) by media and publishing companies for editorial purposes, b) by advertising agencies for promotional and marketing purposes, c) to any other legal entity or individual for private use etc. |
USAGE |
1. The photos are stored in the image bank in a digital form. In order for the User to conduct a search in the image bank, the photos are stored in low digital analysis and -for security reasons- bear a watermark with the address and/or logo of the Company's Website. The User of the image bank, is offered the opportunity by using different communication channels, keywords or other search methods, to view, select and purchase,(currently, upon prior communication with the Company) the photographs, as data files in the optimum digital analysis. |
Private / Editorial Use |
2. THE PRESENT TERMS OF USE ARE APPLICABLE MERELY TO THE PRIVATE AND EDITORIAL USE OF THE UPLOADED MATERIAL Private Use for the present Terms of Use, is regarded, the presentation of the uploaded material among family members and the members of an immediate social environment. Presentation of the uploaded material among the members of a broader social environment, is not considered to be Private Use. It is not considered to be Private Use, the use of the uploaded material for business or commercial purposes. The Company, upon prior request by the User, provides the User, against the designated for Private Use financial consideration, with a nonexclusive, nontransferable license to use the uploaded material and to produce up to two (2) printed or digital copies. Editorial Use for the present Terms of Use is considered to be the reproduction to the public for the reasons referred to in section 25 of the Greek Law No 2121/1993. The Company, upon the prior request by the User and a separate agreement between them, provides the User, against the designated for Editorial Use financial consideration, with a nonexclusive, nontransferable license to use reproduce, publish, display and distribute the uploaded material. |
Advertising / Commercial Use |
ANY COMMERCIAL AND ADVERTISING USE OF THE UPLOADED MATERIAL IS STRICTLY FORBIDDEN WITHOUT THE CONSTRUCTION OF A WRITTEN AGREEMENT BETWEEN THE USER AND THE COMPANY FOR SUCH PURPOSE. IN CASE THAT YOU ARE INTERESTED FOR THE COMMERCIAL OR ADVERTISING USE OF THE UPLOADED MATERIAL, PLEASE CONTACT THE COMPANY TO THE FOLLOWING CONTACT DETAILS: |
General Restrictions |
It is forbidden to the User to: |
INTELLECTUAL PROPERTY |
The content of the Website is either the intellectual property of the Company, (who is also the administrator of the website) or of third parties who have licensed their rights to the Company. These intellectual Property Rights are protected by the relevant Greek and European Laws and also by the relevant International Conventions. The content of the website includes, without limitation, texts, pictures, designs, graphics, videos, software applications and services, as well as logos, brands, trademarks and marks which belong to the Company and/or to third parties who have licensed their rights to the Company. |
PERSONAL DATA |
The administration and the protection of the personal data of the user are subject to the terms of this section and the relevant provisions of the Greek and the European Laws regarding Personal Data Protection. The personal information collected on the Website is: -To register the User as a subscriber in some of the services/pages of the website, the following information is requested: - To register the User to the mailing lists of the newsletters, the following information is requested: Email address. The Company has the right to make use of the User’s personal data for informative purposes regarding issues of the services supplied, unless the User expressly communicates to the Company his disagreement to such use so as to be removed from the mailing lists. The User’s personal data will not be disclosed to third parties and will not be publicized, reproduced and distributed in any way. This data will be used only when necessary for the accomplishment of the terms and the obligations of the individual services that are provided by the Company. Links to other Sites Cookies General terms for the protection of Personal Data |
LIMITATION OF LIABILITY |
The Company takes every reasonable step to ensure that all content and information displayed on the website is accurate, comprehensible, precise, inclusive, up-to-date and obtainable, however, the Company does not warranty that the webpages, services, options and content will be available without interruptions and inaccuracies or that such inaccuracies will be rectified. Furthermore, The Company does not warranty that the Website or any other website, or any server through which the content is made available to the user are virus free or free of any other defect. The Company makes no assurances regarding the accuracy, completeness or availability of the contents, pages, services, options or outcomes. The Company is not responsible for any damage suffered by the User of the pages, services, options and content of the website, which are being used on his own initiative and with knowledge of the terms hereof. |
APPLICABLE LAW AND OTHER TERMS |
These Terms and Conditions of Use of the Webite and any amendments thereto are governed by Greek law, European Union law and the relevant International Treaties. In case that any provision of these Terms is contrary to the law, ceases to apply and is considered to be removed from the present Terms. However, such invalidity will not in any way affect the validity of the remaining terms. The present Terms of Use constitute the whole agreement between The Company and the user of its pages and its services and is binding only between these parties. No modification of these terms will be taken into account and will be considered as part of this agreement, unless expressed in writing and uploaded in the Website. These terms shall be governed and interpreted by Greek law; any dispute between the parties will be resolved by the competent Courts of Athens Greece. |
Last updated on | July 30, 2012 |