Terms and Conditions

Acceptance

By visiting or using Fotovea application (as defined below) or submitting any Content (as defined below) to the Fotovea application (as defined below), you agree to these terms (the ‘Terms and Conditions’), and you agree that you have fully understood these Terms and Conditions, that you have the right, authority and capacity to respect these terms and conditions, and that you acknowledge these to be legally binding documents (hereinafter referred to as ‘User’ or ‘you’). These Terms and Conditions apply to all people (‘Users’) interacting with the Fotovea application (as defined below) including but not limited to direct the interaction through user interfaces of Fotovea application (as defined below) or indirect interaction through electronic and/or automated channels, systems and/or devices like ‘robots’, ‘engines’, ‘algorithms’, ‘spiders’, and any other ‘content readers’ or ‘surveillance system’. Should you do not agree to these Terms and Conditions, please note that any usage of the Fotovea application would be considered as unlawful and the Fotovea application owners may proceed with legal steps concerning the unlawful usage. (as defined below).

Any software together with all Services (as defined below) and all parts of the Content (as defined below) that were made available to Users through channels including but not limited to Fotovea.com domain name, other sites owned, our mobile or/and web applications, and social media channels that are operated or controlled by RIMA IT, GMBH (hereinafter referred to as ‘Fotovea’) is collectively hereinafter referred to as the ‘Fotovea application’. The Fotovea application enables Users to post/upload Content (as defined below) and perform other activities using Fotovea application functionality including but not limited to participate in contests and promotions, and access and/or purchase Services (as defined below) made available in the Fotovea application. Services (hereinafter referred to as ‘Services’) include, but are not limited to, any service and/or Content (as defined below) that the Fotovea makes available to or implements by your orders, as well as the provision of any materials displayed, transmitted, or performed in the site or through the Services. Any content (hereinafter referred to as ‘Content’) includes, but is not limited to text, user comments, messages, shared ideas, information, data, usage statistics, news articles, photographs, images, videos, audios, audio-visual files, and software available through the Fotovea application.

Access

You are hereby granted the permission and a license to use the Fotovea Application, and you agree to accept such permission and a license, as set forth in these Terms and Conditions, provided that: (a) any use of the Fotovea application shall be solely for your personal and noncommercial use; (b) you will not copy or distribute any part of the Application in any medium without the Fotovea prior written consent; (c) you will not alter or modify any part of the Fotovea application; (d) you will not reverse engineer, de-compile, disassemble or work around technical limitations in the Fotovea application, except to the extent that any applicable law permits such use despite these limitations; and (e) you will comply with these Terms & Conditions. This permission and license use of the Fotovea application may be revoked at any time in the Fotovea sole discretion.

To access some features, Services, or Content of the Fotovea Application, you will have to form a Fotovea application account. Please be aware that you may under no circumstances use another’s Fotovea application account without that user’s permission. When creating your Fotovea application account, you shall provide accurate and complete information. You are solely responsible for the activity that occurs on your Fotovea application account, and you shall keep your Fotovea application account password secure. You shall notify the Fotovea immediately of any breach of security or unauthorized use of your Fotovea application account. Although the Fotovea will not be liable for your losses caused by any unauthorized use of your Fotovea application account, you may be liable for the losses of the Fotovea or others due to such unauthorized use.

In order to access some Services or Content of the Fotovea application (e.g. including but not limited to the Content made available through social media channels), you will have to create an account with particular social network, for example social networks like Facebook, or Instagram or any parts of the Fotovea application accessible through social media channels. Concerning parts of the Fotovea application that are accessible through the social media channels you accept, and you agree to comply to the terms and conditions and privacy policy of the respective social network. Should you wish you may use only that parts of the Fotovea application that do not require the respective social network accounts.

You agree not to use or launch any automated system, including but without limitation to ‘robots,’ ‘spiders,’ ‘offline readers’, ‘automated voting’, ‘reverse engineering tools’, ‘monitoring tools’, that access the Fotovea application in a manner that sends more request messages to the Fotovea Application servers in a given period of time than a human may reasonably produce in the same period by using a conventional on-line web browser or collects data about the Content, behavior and functionality of the Fotovea application. Notwithstanding the foregoing, Fotovea grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Fotovea reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Fotovea Application, nor to use the communication systems provided by the Fotovea Application for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Fotovea Application with respect to their User Submissions. All application products, contests and services are void/invalid where prohibited by law.

The Fotovea also reserves the right to limit and/or terminate a User’s access to Fotovea application for violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

Intellectual property and copyright

Exclusive intellectual property and copyright of users

The Fotovea does not claim ownership of User Submissions (as defined below) you provide to the Fotovea application. Any user affirms, represents, and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user in the Fotovea Application, and such ownership is always retained by User. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the Fotovea application, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to Fotovea, as well as Fotovea partners and sponsors (i) the right to display the Content in the Fotovea application, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to process, transform and use the Content to R&D and operation activities in connection to Fotovea application and its parts, and (iv) the right to engage in all of the acts as set forth below, as applicable.

The Fotovea respects the intellectual property rights of others. Should you believe that your work has been copied in a way that constitutes copyright infringement or you become aware of any infringing material placed by any third party in the Fotovea application, please contact us either by copyright email, or initiate communication and Fotovea actions using the Fotovea application functionality ‘Raise flag on Copyright issue’. You agree to provide us with the following information within 7 days from the day you are aware are aware of any infringing act included but not limited to copyright infringement of your work:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably to locate the material;
4. Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You agree that in case you do not inform Fotovea in 7 days about the any infringement you are aware then you are granting right to the Fotovea to use, including but not limited to process, transmit, present, distribute, reproduce, modify, adapt, publicly perform and publicly display, all or any portion or component of the Content that constitutes copyright infringement for the time period between the time you are aware of any copyright infringement and the time you informed Fotovea about the copyright infringement.

You agree to accept that Fotovea will also terminate a User’s access to the Fotovea application, should these are determined by Fotovea, in Fotovea’s sole discretion, to be suspected of being, or actually being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity.

Fotovea intellectual property and copyright

Intellectual Property Rights (hereinafter referred to as ‘IPR’) means: patent, patent applications and other statutory rights in inventions; copyrights (including without limitation copyrights in Software); registered design rights, applications for registered design rights, unregistered design rights and other statutory rights in designs; and other similar or equivalent forms of statutory protection, wherever in the world arising or available; but excluding rights in Confidential Information or trade secrets.

Application Programming Interface or API means the application programming interface materials and related documentation containing all data and information to allow skilled Software developers to create Software interfaces that interface or interact with other specified Software.

Controlled License Terms means terms in any license that require that the use, copying, modification and/or distribution of Software or another copyright work (‘Work’) and/or of any copyright work that is a modified version of or is a derivative work of such Work (in each case, ‘Derivative Work’) be subject, in whole or in part, to one or more of the following:

(a) (where the Work or Derivative Work is Software) that the Source Code be made available as of right to any third party on request, whether royalty-free or not;

(b) that permission to create modified versions or derivative works of the Work or Derivative Work be granted to any third party;
(c) that a royalty-free license relating to the Work or Derivative Work be granted to any third party.

For the avoidance of doubt, terms in any license that merely permit (but do not require any of) these things are not Controlled License Terms.

Software means a software program being sequences of instructions to carry out a process in, or convertible into, a form executable by a computer, and fixed in any tangible medium of expression.
Source Code means Software in human-readable form normally used to make modifications to it, including but not limited to comments and procedural code such as job control language and scripts to control compilation and installation.
Source Code Access means access to Source Code as Necessary for a Party for execution of its part of the Project or for a Party’s Use of Foreground.
Subcontractor means any third party engaged by a Party to carry out any of that Party’s tasks in relation to the Project.

Content

The content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Fotovea and the respective owners of the User Submissions.

The Fotovea reserves the right to change or discontinue all content contained in the Fotovea at any time without a notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Fotovea. The Fotovea may be temporarily unavailable from time to time for maintenance or other reasons. Fotovea assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Fotovea is not responsible for any problems or technical malfunction of any telephone network or lines, mobile devices, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including any injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Fotovea. For the purpose of these terms and conditions, an ‘illegal content’ means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with the Union law or the law of Switzerland which is in compliance with the Union law, irrespective of the precise subject matter or nature of that law and ‘content moderation’ means the activities, whether automated or not, undertaken by providers of intermediary services, that are aimed, in particular, at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, and accessibility of that illegal content or that information, such as demotion, demonetization, disabling of access to, or removal thereof, or that affect the ability of the recipients of the service to provide that information, such as the termination or suspension of a recipient’s account.

You agree not to engage in the use, copying, or distribution of any part of the Content for any commercial purposes and/or any other purpose other than a purpose expressly permitted under these Terms and Conditions. You agree not to circumvent, disable or otherwise interfere with security related features of the Fotovea application or features that prevent or restrict use or copying of any of the Content or enforce limitations on use of the Fotovea application or the Content therein. You may not harvest or collect information, including screen names, about other Users, Content, the Fotovea application, or the Fotovea application functionality. The use of any information learned through your use of the Fotovea application is limited to the express purposes set forth in these Terms and Conditions; all other uses not expressly permitted by the Terms and Conditions; all other uses are strictly prohibited.

You agree to inform Fotovea about any User or Content or its part that you have been presented in the Fotovea application that can be considered by you or by any other party known to you to be suspected of being, or in fact being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity. The information provided to the Fotovea should contain the identification of the Content and the identification known to you at that time of the person or entity that could be considered, or actually is, damaged by violation of the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of that person or entity. You agree to provide this information to the Fotovea without any delay and update the information anytime you receive further information about person or entity that could be, or actually is, damaged by violation of the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of that person or entity.

You agree to inform the Fotovea while using the Fotovea application functionality about any User or Content or its part that you have been presented in Fotovea application that can be considered, or is suspect to be considered, by you or by general public unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

User Submissions

The Fotovea application permits (now or in the future) the submission of photographs, images, motion pictures, videos, other audio, audio-visual, texts, literary works, and other communications and materials (any such submission from you in part or hereinafter referred to as ‘User Submissions’) and the hosting, sharing, and publishing of such User Submissions as a part of the Content available through the Fotovea application. Whether or not such User Submissions are published, Fotovea does not guarantee the confidentiality with respect to any User Submissions. By submitting any of your material as User Submissions to the Fotovea application, you grant Fotovea the right to store, process, analyze, and modify your User Submissions including but not limited to encoding your works, adding watermarks, changing the resolution and size, using in connection with maintenance, operation of the Fotovea application and in connection to research and development of the new functionalities or improvement of the existing functionalities of the Fotovea application including but not limited to algorithms, transformation processes, engines, robots, and/or AI functionalities that encode, transform or annotates your User Submissions and/or further understand texts, images, videos, sounds, languages, or behavioral patterns. By submitting any of your material as User Submissions to the Fotovea application, you grant Fotovea the right to provide exposure to your photograph and/or other works by posting it in the Fotovea application and using, including but not limited to displaying it, in connection with marketing, promotion and/or advertising in, including but not limited to, the Fotovea application, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever the photographer is as represented by the User. Any use of the images and all other User Submissions will be solely used in the context of (i) promoting the contests’ submissions, the Fotovea application, and Users in Fotovea sole discretion, and (ii) performing the maintenance, security and R&D activities of Fotovea application or parts of the Fotovea application with no additional compensation owed to User, photographer and/or any other person or entity. Users shall at all times retain all copyright interest in any and all images they submit.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Fotovea to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Fotovea in the Fotovea application and the Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Fotovea in the Fotovea application and the Terms and Conditions. For clarity, you retain all your ownership rights in your User Submissions. However, by submitting the User Submissions to the Fotovea, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to Fotovea an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to copy, store, display content to other users and visitors of the Fotovea application, and to use in any way the entire contents of the User Submission application and all portions and components thereof. This license grant includes, but is not limited to, the right of Fotovea to use, distribute, reproduce, analyze, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the entire Fotovea application and/or the part of the Fotovea application such Content was submitted or made available, or for the purposes of research and development and improvement of the functionalities of Fotovea application or parts of the Fotovea application. ‘Publicly accessible’ areas of the Fotovea application are those areas of the Fotovea application that are intended by Fotovea to be available to the general public. By way of example, publicly accessible areas of the Fotovea application would include social site channels and parts of Fotovea, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the Fotovea application that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Fotovea.

In connection with User Submissions, you further agree, affirm, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fotovea all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fotovea or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. The Fotovea does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fotovea expressly disclaims any and all liability in connection with User Submissions. The Fotovea does not permit copyright infringing activities and/or infringement of intellectual property rights in the Fotovea application, and the Fotovea will remove all Content including but not limited to User Submissions where properly notified that such Content infringes on another’s copyright and/or other intellectual property rights.

The Fotovea reserves the right, in its sole discretion, to remove User Submissions and/or any other Content without any prior notice. The Fotovea also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Fotovea may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Terms and Conditions at any time, without prior notice and in its sole discretion.

Fotovea Content

All parts of Content except for User Submissions available in and/or used by the Fotovea application, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, compilations, interactive features and the like, and derivative works collectively referred thereof as ‘Fotovea content’ and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to Fotovea. Fotovea reserves all rights not expressly granted in and to the Fotovea application.

Fotovea contests and Awards

The Fotovea application makes available Users to participate in contests and other Users activities enabled in the Fotovea application similar to contests including but not limited to leagues, challenges, championships, assignments (‘Fotovea contest’). You agree to accept that Fotovea contests conducted in the Fotovea application may have each individual additional Terms of participation for Users. The individual additional Terms of participation for Users could be labeled within the Fotovea application as ‘Contest Rules’ or ‘Contest Info’ or ‘Instructions and rules’ as the equivalent labels with the same meaning. By entering the Fotovea contest, including but not limited to by submission of User Submission to Fotovea contest or by voting in the Fotovea contest, you agree to accept Terms of participation, and agree to comply with Terms of participation in addition to Terms and Conditions, and Privacy Policy. These are what we refer to as the ‘Terms of participation’ in this document.The selected Users (‘Winners’) participating in Fotovea contests will be selected as potential Winners to receive prize, award, recognition (referred below as ‘Award’). The selection methods are defined in the Terms of participation of the Fotovea contest and selection method may include but not limits to crowd voting, expert jury, designated User, partner and sponsors, or the Fotovea using the algorithm of the Fotovea application that evaluates activity of Users in the Fotovea application. The Terms of participation, including but not limited to contest dates and Awards, are subject to change at any time without notice and at the sole discretion of the Fotovea, the Fotovea contest sponsor, and/or the Fotovea contest partner. Fotovea contests and Awards offered through the Fotovea application are not sponsored, endorsed, or affiliated with Apple, Google, any other app store providers, or any other entities providing the infrastructure or software that enables the functionality, delivery to users, maintenance, and execution of any part of the Fotovea Application, including but not limited to the mobile application and social media accounts of the Fotovea Application.

You agree that Users who submitted User Submissions to Fotovea contest are eligible also to vote in crowd voting in the same Fotovea contest where the crowd voting is a method to select Winners of Awards according to the Terms of participation of the Fotovea contest.

To be confirmed as a Winner and to be awarded the Award, the User selected as the potential Winner may be required to confirm full legal ownership of the winning Content and, where applicable, the Fotovea validate and confirm that the winning Content complies to Terms of participations including but not limited to the Content was first created during the relevant Fotovea contest period as stated in Terms of participation, or Content does not contain personally identifiable information about You or any other person, or required values of properties like size, resolution and format of the Content.

Confirmation decisions and decisions done in the process of selection of potential Winners are final and binding on all matters relating to the selection of winners and are done by as applicable by Terms of participation by Users as part of the crowd voting, expert jury, designated User, partner and sponsors, or Fotovea in their sole discretion, no negotiation will be entered into with respect to any such decision.

Following the process of voting and judging to select Winners has finished, the potential Winners of Award will be notified in accordance with the contact information provided by Users in the Fotovea application account via email or other method chosen by the Fotovea, partners and the sponsors in its discretion. In case the Fotovea contest Awards are provided by the Fotovea contest sponsor or Fotovea contest partner then dispatch of Awards to Winners will be the sole responsibility of the prize sponsor. The Fotovea will not be liable for the actions or omissions of third party Fotovea contest sponsors or partners, even if the challenge is promoted in the Fotovea application.

The Fotovea reserves the right to verify potential Winners to confirm them as Winners collectively or one or more at a time, as it deems appropriate in its discretion and in whatever order it chooses. Should an award notification or award addressed to a particular user be returned as undeliverable, the Fotovea will not resend the notice (whether by the same or another method), research the User’s address nor make any further attempts at delivery. In the case that a winner’s shipping address is located in a country or area designated by the Fotovea as undeliverable, the Fotovea reserves the rights to provide a cash payment sent via PayPal of equal value of the announced award or an Amazon gift card of equal value of the announced award. Winners will be announced when the required confirmation is received, and the respective Winners are confirmed. Winners will receive their awards within thirty (30) days of the Fotovea announcement of the winners in the Fotovea application.

By entering a Fotovea contest, each User releases and holds harmless the Fotovea, its partners and sponsors, and any participating award providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies, against any and all claims, demands and liabilities arising out of or relating to the Fotovea contest, User’s (and each individual member of User’s) participation in a Fotovea contest and/or any Fotovea contest related activity, including, without limitation, from Winner’s use or misuse of an award or any portion thereof. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in Fotovea contest and/or use/redemption of any Award.

Fotovea, its partners and sponsors are not responsible for any typographical or other error in the submission, the printing of the offer, administration of Fotovea contests or the announcement of the Awards. Fotovea, its partner and sponsors are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by Fotovea, partners and sponsors on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.

Where for any reason the challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of the Fotovea and Fotovea application, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the challenge, then, subject to any governmental approval which may be required, the Fotovea, its partners and sponsors shall have the right to modify, suspend or terminate the Fotovea Contest. Should technical malfunctions or suspect voting irregularities corrupt the voting process, the Fotovea, its partners and sponsors reserves the right, in its sole discretion, to award Awards based solely on the non-suspect votes. In the event of termination, a notice will be posted on the Fotovea application and all eligible User Submissions received prior to termination will be judged per these official rules. Any use of robotic, automatic, programmed or similar methods of participation or voting will void all such submissions/votes by such methods.

Fotovea reserves the right to disqualify any person who tampers with or is suspected of tampering with an entry or the judging and voting process, including any person attempting to solicit, encourage or obtain automated votes. In addition to the rights retained by the Fotovea, its partners and sponsors set forth above, sponsors further reserve the right to disqualify all votes from voters that are deemed to be fraudulent.

The User Submissions removed from Fotovea application according to these Terms and Conditions are disqualified from the Fotovea Contests.

User Submissions and Users that do not comply with Term of participation and other applicable rules to Fotovea contest maybe be disqualified according to the decision of Fotovea, in its sole discretion, no negotiation will be entered into with respect to any such decision.

Any attempt by a User to deliberately damage the Fotovea application, including but not limited to, the entry pages of Fotovea contest, or undermine the legitimate operation of the Fotovea contest is a violation of criminal and civil law. Should such an attempt be made, Fotovea, its partners and sponsors reserve the right to prosecute and/or fully seek damages and/or other relief from any such entrant of the law.

Purchase

Should you purchase features in the Fotovea application for a fee, some purchases grant you an unlimited license to use a feature during a set time period. Other purchases may grant you a limited license to use a feature where the license is governed by the use of ‘tokens’, ‘points’ or similar terms (‘License Triggers’) during a set time period. Upon the expiration of the time, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. In all cases, any license to use any of our Services is subject to your compliance with these Terms & Conditions and a non-exclusive, non- transferable and revocable.

You understand and agree that while License Triggers may be described as ‘purchased’, ‘bought’, ‘redeemed’ or ‘spent’, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. Your ability to use any License Triggers related a license is effective immediately once they are placed in your Fotovea application account. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, where applicable, you may do so. Any License Trigger balance shown in your Fotovea application account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. We may redeem any unused License Triggers for you promptly after their expiration date where we choose. Should you delete your Fotovea application account, we are entitled to redeem all your unused License Triggers on the date of deletion.

The terms of any purchase will be explained on the purchase page on our website, where you will provide your billing information and confirm the particulars of your purchase. Should you purchase a license that uses License Triggers, your order will represent an offer to us to purchase a license for the relevant feature(s) which will be accepted by us when we make the License Triggers available in your Fotovea application account or debit your credit card, whichever comes first, and you can then use the feature(s) immediately. Some purchases will automatically renew. Where a purchase that automatically renews involves License Triggers, we will charge your payment method upon the expiration of the license you purchased and the number of License Triggers you originally purchased will be added to your Fotovea application account to allow you to continue to use the licensed feature(s). Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Fotovea application account registered to you. The Fotovea may revise the pricing of purchases at any time. You acknowledge the Fotovea is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when a Fotovea application account is closed, whether such closure was voluntary or involuntary. For making payments, you agree to utilize only the payment methods facilitated within the Fotovea application. This may include leveraging third-party payment services integrated with the Fotovea application. By engaging any such third-party payment services, you acknowledge the necessity to abide by and agree to comply with the terms and conditions set forth by the third-party provider. It is your responsibility to thoroughly review and comply with these terms before proceeding with any transactions. Furthermore, you acknowledge that the use of these third-party payment services may necessitate accepting additional terms and conditions as specified by the third-party provider.

User feedback

Fotovea appreciates your enthusiasm and the time and energy you spend using Fotovea application and suggesting improvements and changes. You agree with and accept the agreement that Fotovea does not accept or consider any unsolicited ideas, suggestions, proposals, comments, any kind of material, similar commits toward Fotovea (referred below as Suggestions). The purpose of this agreement is to avoid potential misunderstandings when Fotovea products, services or features might appear to be similar or identical to ideas submitted to Fotovea as Suggestions.

Where, despite knowing that Fotovea does not accept any Suggestions, you still choose to submit your ideas to Fotovea, then regardless of what your message says/reads, following terms shall apply to your any unsolicited ideas, suggestions, proposal and similar commits toward Fotovea. You agree that:

1. Fotovea will consider any unsolicited ideas, suggestions, proposal and similar commits toward Fotovea to be non-confidential and non- proprietary.
2. Fotovea shall have no obligations/duties concerning any unsolicited ideas, suggestions, proposal and similar commits toward Fotovea, including but not limited to, no obligation to return any materials or acknowledge receipt of any unsolicited ideas, suggestions, proposal and similar commits toward Fotovea.
3. Fotovea may use, copy, distribute, perform, display, publish, create any derivative works from or disclose your any unsolicited ideas, suggestions, proposal, and similar commits toward Fotovea for any purpose and in any way, without any compensation to you or any third party.

While we do not accept Suggestions, the Fotovea is always pleased to receive feedback regarding its existing features. Please only provide specific feedback on existing features, and do not include ideas that could be considered as suggestions that these Terms and Conditions will not permit us to accept or consider this. Anything you provide is deemed to be non-confidential and non-proprietary. The Fotovea shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.

We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Anything you provide at our request through a promotion or program is subject to the rules of the specific promotion or program, and anything you submit to us voluntarily is subject to these Terms and Conditions. Please do not share in response at our request through a promotion or program anything that can be considered Suggestion.

Assignment

The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fotovea without restriction.

Warranty and Limitation of Liability

You agree that your use of the Fotovea application shall be at your sole risk based on your discretion. To the fullest extent permitted by law, the Fotovea, including, but not limited to its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Fotovea application and your use thereof.

Fotovea reserves the right to: (a) change, modify or discontinue some or all the Services offered on this website, (b) restrict the availability of Services,
(c) deny users access to Services, (d) restrict the number of Services available to individual users, (e) charge fees on using the service, (f) offer individual service levels to individual users, and (g) remove an upload facility or any user Content at any time at its sole discretion, all without prior notice or liability. Fotovea is also not liable for modifications, suspension or discontinuance of the Services caused by third parties. The Fotovea application should not be relied upon as a sole point of storage of your Content.

The Fotovea makes no warranties or representations about the accuracy or completeness of the Content, or any content of any sites linked to the Fotovea application. In no event shall Fotovea, including, but not limited to its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Fotovea application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the application, whether based on warranty, contract, tort, or any other legal theory and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Fotovea application and/or Fotovea shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You understand that when using the Fotovea application, you will be exposed to User Submissions from a variety of sources, and that Fotovea is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fotovea with respect to User Submissions. You agree to indemnify and hold Fotovea, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the Fotovea application.

Th Fotovea application contains user-generated Content that may depict subject matters not appropriate for all (for example, nudity). The Fotovea may not filter and monitor the Content created and viewed by its users and does not assume responsibility for this Content. If you are 15 or over, but below 18 years old, please do not use or register with Fotovea application unless you have been given permission by a parent or legal guardian.

The Fotovea application may contain links to third party websites that are not owned or controlled by Fotovea. The Fotovea has no control over and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, the Fotovea will not and cannot censor or edit the content of any third party site. By using the Fotovea application, you expressly relieve the Fotovea from any and all liability arising from your use of third party websites. We encourage you to be aware when you leave the Fotovea application and to read the terms and conditions and privacy policy of each other website that you visit. The Fotovea does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Fotovea application or any hyperlinked website or featured in any banner or other advertising, and Fotovea will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Indemnity

You hereby indemnify and will keep Fotovea or any of its members, managers, officers, employees, agents or affiliates indemnified from and against all claims, debts, accounts, expenses (including but not limited to attorney’s fees), costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under these Terms and Conditions or arising out of your willful act, neglect or default in the performance of such obligations, or/and arising from: (a) your use of and access to the Fotovea application; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

You agree to defend, indemnify and hold harmless the Fotovea, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: the Fotovea application or Fotovea’ third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all User Submissions. The Fotovea application is a platform designed for the storage and the sharing of files and Users are responsible to always maintain an original copy of any submitted file in case of a complete loss.

Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 15, as the Fotovea application is not intended for children under 15. If you are under 15 years of age, please do not use the Fotovea application.

General

You agree that: (i) the Fotovea Application shall be deemed solely based in Switzerland; and (ii) the Fotovea Application shall be deemed a passive website that does not give rise to personal jurisdiction over Fotovea Application, either specific or general, in jurisdictions other than Switzerland. These Terms and Conditions shall be governed by the internal substantive laws of the Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Fotovea that arises in whole or in part from the Fotovea Application shall be decided exclusively by a court of competent jurisdiction located Switzerland. These Terms and Conditions, together with the Privacy Policy, any applicable Fotovea contest rules and Terms of participation, and any other legal notices published in Fotovea Application shall constitute the entire agreement between you and Fotovea concerning your use of the Fotovea Application. In the event of any dispute arising from a consumer contract, the consumer may bring legal proceedings either at the location of their address or at the location of the seller. The consumer cannot waive this right in advance. Please consult the official website of the Swiss SME Portal for small and medium-sized enterprises for more information.

Where any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Fotovea failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Fotovea reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Fotovea Application following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You and Fotovea agree that any cause of action arising out of or related to the Fotovea application must commence within one (1) year after the cause of action accrues.

Otherwise, such cause of action is permanently barred.

Fotovea may terminate or suspend any and all of its Services and/or your Fotovea application account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination of your Fotovea application account, your right to use the Services will immediately cease. You can terminate your Fotovea application account at any time by giving notice to us to that effect.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, indemnities and limitations of liability. Upon termination of your Fotovea application account we will use all reasonable endeavors to remove all Content posted to your Fotovea application account. If Content is removed, then where Content has been entered in a Fotovea contest and been given an Award, a copy of that Content will be retained on the site as part of the archive for that Fotovea contest. For the clarity, once the Content is removed Fotovea still keeps that part of Fotovea Content that is related to removed Content including but not limited to statistics on past displays of the Content, or past crowd voting results. You will ensure that following termination you will not enter into any arrangement which conflicts with any rights of use granted by us.

How to contact us

If you have any questions about our terms and conditions, please contact us by email. You may also want to take a look at our Privacy Policy.