Effective date May 1, 2018
1. The Conditions application and acceptance
1.2 You will not be able to use the Services and cannot accept the Terms if: (a) you are not of legal age to enter into a binding contract with Photographers Around The World, or (b), you are not allowed to receive any of the Services under the Argentina laws or other countries/regions, including the country/region in which you reside or from which you use the Services.
1.3 You acknowledge and agree that Photographers Around The World may modify the Conditions at any time by posting the relevant modification and updated Conditions on the Site. By continuing to use the Site Services, you agree the amended terms will apply to you.
1.4 You may have to enter into a separate agreement, either online or offline, with Photographers Around The World or our affiliates or suppliers for any services (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an additional Agreement, the Additional Agreement will take precedence over the conditions only in relation to the Service in question.
2. Services Provision
2.1 Photographers Around The World is a platform promoting third-party products, so that users can join the programs offered by these third parties through elements shown by Photographers Around The World, including, but not limited to products from Amazon and Domestika.
The user must subscribe to these promotional elements to access and use the services offering by third parties through Photographers Around The World. Also, Photographers Around The World reserves the right, without prior notice, to restrict the use of certain Platform Services (or any of the features within the services).
2.2 No guarantee of representation is granted for a determined service or a feature of the same or the same type and the extension of the service or the features and functions thereof will be available to users.
2.3 Photographers Around The World may launch, change, update, impose conditions, suspend or stop any of the Services (or any of the features within the services) without prior notice.
2.4 The subscription elements offering by Photographers Around The World may be suspended or modified temporarily for scheduled or unscheduled maintenance reasons, periodically at the sole discretion of Photographers Around The World without prior notification.
3.1 As a condition for your use of the Site or Services, you agree you will comply with all laws and regulations when using the Site or applicable services.
3.2 You agree to use the Site or services solely for your own private and internal purposes. You agree: (a) not to copy, reproduce, download, republish, sell, distribute or resell the Services or any information, text, images, graphics, videos, sound, directories, files, databases or lists, etc. available on or through the Site (the “Site Content”), and (b), do not copy, reproduce, download, compile or use any content on the site for operating a business that competes with Photographers Around The World, or another way to commercially exploit the content of the site.
Systematic recovery of site content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) is prohibited without the written permission of Photographers Around The World. The use of any content or materials on the Site is not permitted for any purpose not specifically allowed in the Conditions.
3.4 Photographers Around The World allows users to access content, products or services offered by third parties through hyperlinks (in the form of text links, banners, channels or otherwise), or otherwise to the websites of said third parties. You are advised to read the terms and conditions of such websites and/or privacy policies before using them. You acknowledge that Photographers Around The World has no control over the websites of such third parties, does not control such websites, and will not be liable to anyone for such websites, or for any content, products or services made available on those web pages.
3.5 You agree not to take any action undermining the integrity of the computer systems or networks of Photographers Around The World, or to gain unauthorized access to those computer systems or networks.
3.6 By posting or displaying any information, content or material (“User Content”) as voluntary information on our Site Blog or providing any User Content to Photographers Around The World or our representative (s), you grant an irrevocable, perpetual license, worldwide, royalty-free, and sub-licensable (across multiple levels) so that Photographers Around The World can show, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and use any or all the content of the user in any form, medium or technology now known or not currently known in any form and for any purpose that may be beneficial for the operation of the Site, the provision of any of the Services and / or the user’s business. You confirm and guarantee the Photographers Around The World that they have all the rights, powers and authority necessary to grant the aforementioned license.
4. User Liabilities
4.1 Users will be required to provide personal information such as name and email as part of the subscription process and use of any service or third-party user account. Each user declares, warrants and agrees that (a) the information, whether submitted during the subscription process or subsequently throughout the continued use of the Site or service is true, accurate, current and complete, and (b) the user will maintain and amend without delay all the necessary information to keep it veritable, accurate, current and complete.
4.4 As a user you represent, warrant and agree that, (a) you will be solely responsible for obtaining all necessary third-party licenses and permissions concerning to any User Content you upload as a voluntary information to our Blog, you submit, publish or show (b) any User Content you submit, post or display does not infringe or violate any of the copyrights, patents, trademarks, trade names, trade secrets or any personal or proprietary rights of third parties (the “Rights of Third Parties”) ); and (c) you have the right and authority to publish in the User Content, and such publication will not violate the rights of third parties.
4.5 Each user also represents, guarantees and accepts that the User Content sent, published or showed must:
a) be true, accurate, complete and legal;
b) that is not false, misleading or deceptive;
c) do not contain information that is defamatory, libellous, threatening or harassing, obscene, unpleasant, offensive, sexually explicit or harmful to minors;
d) Do not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) does not violate the service announcement policy, other conditions or any additional applicable agreements;
f) does not violate laws and regulations (including, without limitation, those governing the control of social media publications, consumer protection, unfair competition or misleading advertising) or promote any activity that may violate applicable laws and regulations;
g) does not contain any direct or indirect link to any other website that includes all content that may violate the Terms.
4.6 Each user also warrants and agrees that he/she shall:
a) carry out its activities on the Site in compliance with applicable laws and regulations;
b) carry out your business transactions with the owner of the Site in good faith;
c) carry out its activities in accordance with the Terms and any applicable additional agreements;
d) do not use the Services or the Site to defraud any person or entity;
e) does not pretend to be another person or entity, misrepresent yourself or your subscription with any person or entity;
f) do not spam or phish;
g) does not engage in other illegal activities (including, without limitation, those that would constitute a criminal offence, give rise to civil liability, etc.) or encourage or instigate any illegal activity;
h) do not imply attempts to copy, reproduce, exploit or expropriate directories, databases and listings of Photographers Around The World;
i) does not apply any computer virus or other destructive devices and codes that have the effect of damaging, interfering, intercepting or expropriating any software or system hardware, data or personal information;
j) does not apply any plan to attempt against the integrity of the data, systems or networks used by Photographers Around The World and/or any user of the Site or obtain unauthorized access to said data, systems or networks;
k) does not participate in any activity that may in any way create any responsibility to Photographers Around The World or our affiliates and suppliers.
4.7 Users cannot bring to bear the services to participate in activities that are identical or similar to the Photographers Around The World market business.
4.8 The user acknowledges and agrees Photographers Around The World will not be required to actively monitor or exercise any editorial control over the content of any message or material or information created, obtained or accessible through the Services or Site. Photographers Around The World does not endorse, verify, or certify the content of any comments or other material or information made by users or by affiliates and service providers. Each user is the only one, member and provider is responsible for the content of their communications or publications and can be considered legally accountable or liable for the content of their comments or other material or information.
4.10 The user acknowledges and accepts that each user is solely responsible for compliance with the laws and regulations applicable in their respective jurisdictions to ensure that all use of the Site and the Services comply with it.
6. Non-compliance of users
6.1 Photographers Around The World reserves the right, at its sole discretion, to remove, modify or reject any Content that the User submits, posts or displays on the Site that we reasonably believe is illegal, violates the Terms or may submit Photographers Around The World or our affiliates to be responsible for it, or that in the opinion of Photographers Around The World, is inappropriate.
6.2 Without limiting the generality of the Conditions provisions, a user would be considered to violate the Terms in any of the following circumstances:
a) Photographers Around The World have reasonable grounds to suspect that the information provided by the user is not updated or complete, or is false, inaccurate or misleading.
b) Photographers Around The World believes that user actions may cause financial loss or legal liability to Photographers Around The World or our affiliates or to any other user.
6.3 Photographers Around The World reserves the right to cooperate fully with governmental authorities, private investigators and/or third parties affected in the investigation of any criminal or civil offense. In addition, Photographers Around The World may disclose the user’s identity and contact information, if requested by a government agency or law enforcement, a harmed the third party, or as a result of a court order or other legal action. Photographers Around The World will not be responsible for the damages and results derived from such disclosure, and the user undertakes not to take any action or claim against Photographers Around The World for such disclosure.
6.4 Each user agrees to indemnify Photographers Around The World, its affiliates, directors, employees, agents and representatives and keep them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full compensation basis) that may arise from your subscription to third parties, publication or exhibition of any User Content, your use of the Site or Services, or your breach of these Conditions.
7.1 Each User acknowledges he/she fully assumes the risks of carrying out any payment transaction of a service to third parties in relation to the use of the Site or Services, and that he/she is fully assuming the risks of civil liability or damages of some kind concerning the activity of any kind relating to the services that are the subject of transactions. These risks are hereafter referred to as “Transaction risks”. Each User agrees Photographers Around The World will not be responsible for any damage, claim, liability, costs, inconvenience or expenses of any nature that may arise as a result of or in connection with any transaction risk carried out with third-party service providers.
7.3 The user is solely responsible for all the transactions terms and conditions carried out on the websites third-party service providers to which he/she subscribes, through or because of the use of the Site or Services.
8. Limitation of liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY PHOTOGRAPHERS AROUND THE WORLD ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “UPON AVAILABILITY” AND “WITH ALL FAULTS”, AND PHOTOGRAPHERS AROUND THE WORLD EXPRESSLY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL THOSE GUARANTEES, REPRESENTATIONS AND CONDITIONS ARE EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOGRAPHERS AROUND THE WORLD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE VALIDITY, PRECISION, ACCURACY, RELIABILITY, QUALITY, STABILITY, INTEGRITY OR CURRENCY OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. PHOTOGRAPHERS AROUND THE WORLD DOES NOT REPRESENT OR GUARANTEE THE PUBLICATIONS ADVERTISED BY USERS, ON SOCIAL MEDIA DO NOT VIOLATE THE RIGHTS OF THIRD PARTIES; AND PHOTOGRAPHERS AROUND THE WORLD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or obtained through the site is made at the sole discretion and risk of each user, therefore, each user is solely responsible for any damage to the computer system or loss of data that may result from the download of said material. No advice or information, whether oral or written, obtained by any user of Photographers Around The World or through or from the Site will create any warranty not expressly stated in this document.
8.4 The Site makes available products and services offered by independent third-parties. No guarantee of representation is made in relation to such services or products. In no case, Photographers Around The World will be declared responsible for any type of services or products supplied by third parties.
8.5 Each user agrees to indemnify Photographers Around The World, our affiliated companies, directors, officers and employees, from any and all losses, claims, obligations (including legal costs on a full compensation basis) that may arise from the use of said User of the Site or Services or of his/her breach of any of the terms and conditions of the Terms. Each User further agrees to indemnify Photographers Around The World, our affiliated companies, directors, officers and employees, from any and all losses, damages, claims, obligations (including legal costs on a full indemnity basis) that may arise from the User’s breach of any type of guarantee made by the User to Photographers Around The World, including, but not limited to, those established in Section 5.
8.6 Each User further agrees to indemnify Photographers Around The World, its affiliated companies, directors, officers and employees, from any losses, damages, claims, obligations (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of claims made by claimants, rights of third parties or other third parties in relation to publications produced or displayed.
Each User accepts that Photographers Around The World is not responsible and will not have any responsibility for any material published by third parties to which he/she subscribes and that the risk of damage to this type of material is the sole responsibility of each user. Photographers Around The World reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case the User must cooperate with Photographers Around The World to enforce any available defense.
9. Intellectual Property
The screens contents relating to the Photographers Around The World services as well as the programs, databases, networks, elements that allow the user to subscribe, are the property of Photographers Around The World and the improper use and total or partial reproduction of such content is prohibited, unless expressly authorized in writing by Photographers Around The World.
The Site may contain links to other websites which does not indicate that they are owned or operated by Photographers Around The World. In virtue that Photographers Around The World has no control over such sites, will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use thereof, whether produced directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, support of Photographers Around The World to such sites and their contents and the user assumes all risks of using such links and relieves any obligation to Photographers Around The World.
12. Force majeure
In no case Photographers Around The World is responsible for any delay, failure or interruption of services that result directly or indirectly from acts of nature, forces or causes beyond their reasonable control, including, without limitation, acts of God , failures of Internet, computers, telecommunications, or any other equipment’s failures, power failures, strikes, labor conflicts, riots, insurrections, civil unrest, labor or material shortages, terrorism, war, actions governmental, judicial orders or national or foreign courts.
13. General Provisions
13.1 This Terms and Conditions agreement shall be governed by the laws of the Argentine Republic, without regard to its conflict to legal provisions. The Parties to this Agreement are subject to the exclusive jurisdiction of the courts of Buenos Aires.
13.2 If any provision of these Terms and Conditions is considered invalid or unenforceable, the remaining provisions will be enforced.
13.3 Any failure by Photographers Around The World to exercise any of their rights under these Terms and Conditions will not constitute a waiver of such right or an exemption concerning subsequent or similar breaches. The resignation will be effective only if it is done in writing.
13.4 Photographers Around The World shall have the right to assign this Agreement (including all rights, titles, benefits, interests, obligations and duties in this Agreement) to any person or entity (including any affiliate of Photographers Around The World). The user may not assign, in whole or in part, this Agreement of Terms and Conditions to any person or entity.