Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions (“Terms”), do not use this website.

Purpose of this website

The purpose of the website PhotoDeck.com (“the Site”), owned and operated by PhotoDeck (SARL) (“the Owner”), is to provide photographers, video producers, and their authorized representatives (“Subscribers”) the technical means (“Service”) to publish, market, license, sell and distribute their images, video clips and other products (“Subscriber Content”), in digital or physical format, to visitors of the Site (“Users”).

To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and the Subscriber’s clients (Users).

Online offers

Two types of offers are available on the Site:

Users: purchase, licensing and use of images

As a User, you are not allowed to use Subscriber Content without prior license agreement (and payment of any applicable license fee) with the Subscriber owner of said content. Low-resolution and watermarked images displayed on the Site may only be used within a project team for internal evaluation of the suitability of said Content for the project.

Neither the Site nor the Owner give any assurance of the suitability of Subscriber Content for any use.

You acknowledge that any purchase or licensing of Subscriber Content over the Site is between you and the Subscriber, and that neither the Site nor the Owner are a party in said transaction.

Subscriber responsibility

As a Subscriber:

User and Subscriber Conduct

You are required to show respect and consideration towards other users, and towards their copyrights in particular.

Under no circumstances will you use the Site or the Service to:

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content you upload and/or post.

You acknowledge that the Site or the Owner may or may not pre-screen Subscriber Content, but that the Site or the Owner and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Subscriber Content.

The Site reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Site in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct. No refund of fees or other amounts will be made if you violate or breach any of the Terms and Conditions.

Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.

Copyrights

If you believe that any of your intellectual property rights have been infringed on the Site, please contact service {ät} photodeck.com to report the problem.

Trial, Subscriptions and Refund policy

Every new Subscriber is automatically offered a free trial period of 2 weeks, starting at registration. During that period, the Subscriber can evaluate the Service and its suitability, at no cost. This offer is limited to one (1) trial per Subscriber unless otherwise agreed.

After the trial period, the Subscriber will have the opportunity to continue using the Service at the costs advertised on the Site. As it is deemed that the Subscriber has the opportunity to thoroughly evaluate the Service during the free trial period, subsequently purchased subscriptions are not refundable.

The right of withdrawal does not apply to business customers. Standard legal right of withdrawal apply for non-business consumers, with the withdrawal period starting on the day the User accepts these Terms.

Letting a subscription expire without renewing, at any time, is enough for a Subscriber to terminate his access to the Service. Termination is effective at the expiry of the last subscription for a base plan.

Service Operation

The Owner will make every reasonable effort to keep the Site and the Service operational. However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.

Proprietary Rights

You acknowledge and agree that the Site, any necessary software used in connection with the Site and the Service (“Software “), and the information contained on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

The Owner grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer for such purposes as are ordinary and customary.

Except as expressly authorised by the Owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You further agree to not (and to not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to uncover any source code.

Should you make an improvement suggestion or request, you agree to inform the Owner of any patent or intellectual property right you may hold, directly or indirectly, that would prevent the Owner to implement freely your suggestion or request. In the event that a suggestion or request you made results, directly or indirectly, in new or updated functionality in the Software, you agree to not claim any intellectual property right to said functionality and Software.

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND ACCESS OR RETRIEVE SUBSCRIBER CONTENT OR CONTENT POSTED ON THE SITE ; (ii) DOWNLOAD AND USE OF SUBSCRIBER CONTENT WITHOUT LICENSE AGREEMENT IN VIOLATION OF THESE TERMS AND CONDITIONS (iii) UNAUTHORIZED DISCLOSURE OF SUBSCRIBER CONTENT (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OF THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

Indemnity

You agree to indemnify and hold the Owner harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site and the Service, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.

Modifications of Provisions

Modifications of this agreement need to be in writing (by letter of email to service {ät} photodeck.com). The Owner will publish possible modifications of these Terms on the Site. As far as a User or Subscriber continues to use the Service after such notice then the modifications are considered as tacitly approved.

If the Subscriber does not agree with a modification made, a cancelation without notice is possible within 14 days of the modification taking effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability.

Latest version: June 13. 2011