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Rules and Regulations for using photosquat.com website.

By starting to use photosquat.com you agree to comply with the provisions of these Rules and Regulations. Therefore, please read carefully the Website Rules and Regulations before you start using this Website. Should you have any questions, complaints or concerns relating to the Rules and Regulations as well as rights arising out of license agreements, please contact us at: contact@photosquat.info.

General Provisions

Website photosquat.com, conducted on web page www.photosquat.com (hereinafter referred to as the "Website"), is intended for those who are interested in commercial and artistic photography (hereinafter referred to as the "User" or the "Users").

The Website is owned by the Website Administrator who provides services within the framework of the Website in compliance with the Rules and Regulations.

The Website Administrator is XID, Mr. Zbigniew Ledwoń, domiciled at ul. M. Dąbrowskiej 7 apt. # 14, 01-903 Warsaw, entered into the business activity register kept by the President of the capital city of Warsaw, NIP: 1180480828, REGON 140944853.

The purpose of the Website is to enable the Users to store and present their photographs and to conclude with other Users license agreements to use the photographs. This purpose is realized through provision of electronically delivered services consisting in the provision of space on the Website for photographs posted by the Users on on-line platform and through provision of other services within the framework of functionalities being made available.

Photographs posted by the Users may relate to any subject matter with the reservation specified in the Rules and Regulations concerning posting content by the Users.

The services are provided within the framework of the Website in compliance with these Rules and Regulations.

Each User must see to create its own back-up copy of all photographs posted on the Website.

Website Administrator reserves the right to temporarily shut down the Website in connection with software works or close the Website and discontinue to provide services, of which the Users will be notified in good time.

Registration

Users may use the Website after registering for an account or without registration.

Nevertheless, failure to register for an account prevents posting photographs and concluding licence agreements on the Website. Non-registered Users may only view contents posted on the Website within the framework of allowed use permitted by the law.

Registration for an account on the Website consists of two steps: filling out a form available on the sub page called "registration" and clicking on an activation link sent to the e-mail address provided by the User. As a result of the registration, the User's Account is created in a Standard or Pro version.

Once the Website Administrator receives a message that the User clicked on the activation link the agreement for the use of the Website is concluded.

In order to register for an account it is necessary to provide an active e-mail address, which becomes the login of the User, and a password. During registration process the User may additionally provide its name and surname, which identify the User alternately with the login during his use of the Website and appear next to all contents posted by the User.

The User is obliged to immediately notify the Website Administrator of any changes to its e-mail address. If the User fails to notify the Website Administrator of the changes all notifications will be sent to the e-mail address provided upon registration.

After completion of the registration process the User may log in to the Website and use functionalities which are allowed only for the registered Users.

Types of Accounts

In the course of registration the User may select one out of two types of Accounts: Standard or Pro. Each Account constitutes a set of data relating to the User and information regarding his activities within the framework of his account on the Website, to which only the User has access. Standard Account may be upgraded to Pro Account at any time.

The User may not assign the Account or make the Account available to other persons. The User bears full liability for any activities undertaken when using his Account.

(a) Standard Account

Standard Account allows the User to post up to 50 (fifty) photographs within the framework of any number of Projects, free of charge. If the User meets the approved limit of 50 photographs the option to post more photographs by the User will be automatically blocked and he will be notified of this fact by e-mail (message will be sent to the e-mail address provided at the registration). The message will say that the User's limit of photographs was exhausted and that the User may upgrade its Account to Pro Account.

(b) Pro Account

Pro Account allows the User to post unlimited number of photographs within the framework of any number of Projects and sell licenses to its photographs. Pro Account is a payable account. If the User chooses the Pro Account at the registration process he is obliged to provide a number of the bank account to which the license fee, after deducting a commission, will be transferred.

Content Posting Rules

The User may render available on the Website his contents if all of the following conditions are met:

  1. content is compliant with the provisions of the law or good practices, does not violate third party rights, and, in particular, the rights to trademark, copyrights or personal rights;
  2. content is not for advertising purposes or promotion of products or services;
  3. in the case of photographs depicting persons, the persons visible in them have agreed to the publication of their image on the Internet, unless such consent is not required under current provisions of the copyright law (relates to well-known persons if the image has been made in connection with their performance of public functions, in particular political, social, and professional functions, and persons who are merely a detail of a whole, such as an assembly, landscape, or public event).

All contents posted on the Website must be assigned to relevant Projects.

Projects and photographs posted on the Website may relate to any subject matter on the assumption that each photograph was taken with the use of photographic techniques.

The User may create one out of three types of Projects:

  1. Private Project - only the User who creates such a project may add photographs within this Project;
  2. Open Project - all registered Users of the Website may add photographs within this Project;
  3. Invitation-Only Project - only the Users who are invited by the User who created the project may add photographs within this Project.

Conclusion of License Agreement

The Website allows the Users to enter into license agreement in compliance with the terms and conditions of the Rules and Regulations and for this purpose it renders available relevant system tools. The Website does not constitute a party to the agreements concluded by the Users.

The Website allows the Users to enter into two types of license agreements covering the usage of photographs on permitted carriers for: (a) private and (b) commercial purposes.

Photographs posted by the Users on the Website must be described in detail. The User is responsible for all errors and inaccuracies in the description of photographs. Description of photographs must include information on their price.

The license agreement is concluded between the User who grants the license and the User who acquires the license for the use thereof. The license agreement is deemed concluded when the User pays the license fee with the use of an on-line payment system.

Conclusion of the license agreement means that the User accepted the fact that the photographs, to which the User acquired the license, are protected by intellectual property rights and that the User agrees to be bound by the terms and conditions of the license agreement of a personal or commercial nature of these Rules and Regulations.

Order Placement

Conclusion of the license agreement is preceded by User's order placement for a selected photograph. Order placement is possible only after a prior registration for an account on the Website.

In order to place an order the User selects a chosen photograph and adds it to the chart by clicking on "add" icon and then selects a type of license for the usage of the photograph. Then, the User clicks on "order" icon and follows further instructions.

Terms and Conditions of License Agreements

(a) Private license

Under the private license agreement the User receives a payable, non-exclusive and worldwide license for the use of the photograph for an indefinite period of time, with no right to sublicense and with no right to implement modifications and use derived works, in the following way:

  1. in the form of printouts, posters, images, and other reproductions on any carriers, for home decorative purposes;
  2. in multimedia, theatrical, and educational projects, provided that they will be directed to a limited number of addressees, exclusively for non-commercial purposes;
  3. as decoration of web pages or blogs of a non-commercial nature;
  4. as screen savers or mobile phone wallpapers.

Photographs used under the private license agreement may not be disseminated, sold or used in the profit-seeking way.

(b) Commercial license

Under the commercial license agreement the User receives a payable, non-exclusive and worldwide license for the use of the photographs for an indefinite period of time, without restrictions as to implementation of modifications and usage of derived works, with no right to sublicense, in the following way:

  1. in the way specified in the terms and conditions for the usage of private license;
  2. in the form of printouts, posters, images, and other reproductions on any carriers, for decorative purposes in an office, restaurant, shop, or in other public place owned by the User or which is leased, and also in the place owned by the User's client, provided that the User provides design services to such a client;
  3. on letterhead and business cards, leaflets, brochures, and catalogues;
  4. in the form of e-mail marketing directed at User's clients;
  5. as illustrations in magazines, newspapers, books, e-books, and articles, regardless of the size of production or number of copies;
  6. in graphics, multimedia presentations, and CD or DVD covers, regardless of the size of production and number of copies;
  7. in software, provided that the image or any digital files including the image will not be excluded from the software or template;
  8. in movies and other television or Internet transmissions, as well as in theatrical performances, regardless of the number of target audience;
  9. as illustrations on packaging of any products introduced into regular sale or distribution, regardless of the size of the production or number of copies of such products.

Photographs used under the commercial license agreement may be disseminated, sold or used in the profit-seeking way.

Prices

(a) Subscription fee

The User may use the functionalities of the Website available by way of Standard Account for free.

User's rights to use the functionalities of the Website available by way of Pro Account are contingent upon a relevant fee paid for the benefit of the Website (subscription fee).

The amount of the subscription fee varies depending on the period of time for which the account was created, whereas all types of subscriptions are automatically renewed after the lapse of such time, unless the User exercises the option "do not renew the subscription after the expiry date". The User will be notified of the necessity to settle the payment for the renewal of the subscription via e-mail. Subscription is available in three options:

  1. a monthly subscription in the amount of ________;
  2. an annual subscription in the amount of ________;
  3. a quarterly subscription in the amount of ________;

(b) License fees

The Website allows the Users to freely fix license fees for photographs posted on the Website.

The Website charges a commission on each license agreement in the amount of 10% of the license fee. The commission is deducted from the price specified in the description of photographs.

Payment

The User pays the subscription fee and license fee with the use of an external on-line payment system. Payment may be made only after logging into the User's Account. The Website reserves the right to change the amount of the subscription fee or commission. Changes will be introduced and implemented in accordance with the rules regarding the Changes to the Rules and Regulations. Terms and conditions of subscription and license payment are specified hereunder.

The license fee must be paid to the bank account of the User who grants the license, which was provided upon the Pro Account registration, no later than within 3 days of settling the payment by the User who acquires the license to use the photographs.

Confirmation of each payment made on the Website constitutes an e-mail including all transaction details, sent to the User to the e-mail address provided at the registration for an account.

(a) Subscription fee

In order to pay the subscription fee the User must select the subscription option in the "subscription" bookmark and then follow further instructions. If the User fails to pay the subscription fee within 7 days of the date when he registered to the Website and selected the Pro Account, the Account of the User will be deemed unpaid.

If the User fails to pay for the Pro Account, his right to use the Account may be invalidated at any time unless the User pays the subscription fee no later than within 14 days of the expiry of the payment deadline.

If the User cancels the Account the User must change the settings in the "subscription" bookmark by choosing the "do not renew the subscription after the expiry date" option at any time while using the Website.

(b) License fee

Conclusion of the license agreement occurs at the time of payment made by the User with the use of the on-line payment system. In order to pay the license fee the User must accept the amount of the license fee in the "license fee" bookmark and then follow further instructions.

The Users who grant licenses authorise the Website Administrator to accept on their behalf license fees from the Users who acquire such licenses. The license fee must be paid to the bank account of the User who grants the license, which was provided by the User at the registration for an account. The payment will be made after deducting a relevant commission to the benefit of the Website. Due to the specific nature of the Services provided the revocation of the authorization will be effective only upon settlement of all license agreements entered into by the User who grants the license.

If the Website Administrator is notified that the User who grants the license violated the Rules and Regulations, including, in particular, the provisions of the license agreement, the Website Administrator may suspend the payment until any possible doubts are clarified. When any doubts are clarified the license fee due will be paid to the User.

Liability principles

The Website Administrator does not verify or monitor contents submitted by the Users. The Website Administrator does not bear any liability for contents submitted by the Users on the Website and for any other damages, costs or losses arising out of the modifications of photographs or context in which the photographs are used by the User.

By posting photographs and other contents on the Website, the User certifies that it has all copyrights to them and assumes full liability for violation of copyrights and other rights, which may be required in order to use the materials posted on the Website.

If the Website Administrator is notified of photographs and other contents violating the copyrights or being inconsistent with the Rules and Regulations (e.g. as a consequence of being notified by other User or a third party), the Website Administrator may prevent access to such contents and notify the User of this action via e-mail, giving the User an opportunity to express his opinion on the legitimacy of raised allegations. If the Website Administrator deems the User's explanations reliable the Website Administrator may restore such content.

If any claim concerning the violation of copyrights by the User against the Website is filed, the User will be obliged to discharge the Website from all liability and secure against losses resulting from damages, losses, and expenses of any kind (including reasonable attorneys' fees and legal costs) relating to such a claim.

Notifying of Violations and Irregularities

Information on contents which are not in compliance with the Rules and Regulations as well as any questions, observations, and comments relating to the operation of the Website should be sent via e-mail at: contact@photosquat.info.

If the User violates any provision of the Rules and Regulations or provisions of the law the Website Administrator may:

  1. temporarily limit the access to the Website and his Account;
  2. suspend all or certain functionalities of the Website and operation of the Account;
  3. remove the Account of a particular User and refuse to re-register such a User, of which the User will be immediately notified in a message sent to the e-mail address provided by the User at the registration process.

If the above-mentioned sanctions are applied, the Website Administrator will not be obliged to return the subscription fee paid by the User. As far as the license fees for photographs purchased by the Users are concerned, they will be returned to such Users.

The User may terminate the agreement for electronically supplied services within the Website without giving reasons and with immediate effect.

The User terminates the Contract by:

  1. closing the Account following the instructions available after clicking on "Account removal" icon available within the framework of the User's Account; or
  2. submitting a request to delete the Account by way of an e-mail sent to the Website Administrator.

In the case of the submission of the request to delete the Account, the Account will be deleted within 72 hours, of which the User will be notified in an e-mail.

The Website may terminate the Agreement with the User if the User violates these Rules and Regulations by deleting the User's Account. Prior the termination of the Agreement, the Website may, at its own discretion, suspend the User's Account until all issues relating to the violation of the Rules and Regulations are solved.

Data stored within the closed Account and its content will be immediately deleted. Therefore, each User must see to create its own back-up copy of all photographs posted on the Website. Deleted photographs will become invisible except for the photographs which were acquired by the User under the license agreement and they will be accessible in the "licenses to use photographs" bookmark. In the case the Account is closed by the User, the subscription fee is subject to return proportionally to the period of time which left until the Account's expiry date. The User accepts that for reasons not attributable to the Website certain content may be available in the system of the Website for some time despite their immediate removal.

The User may at all times suspend his Account with the use of the "Account suspension" option. Exercising this option does not deprive the User of access to his Account but only makes it invisible for other Users of the Website.

If the Account is suspended the payment for the subscription fee for the period of time during which the User did not use the Account is also suspended. If the User exercises the option of closing the Account at later time, the subscription fee is subject to return proportionally to the period of time during which the User had no access to the Account as a result of User's resignation from the services provided by the Website.

Intellectual Property of Website Administrator

Use of the Website does not constitute User's acquisition of any rights to navigation solutions and functionalities of the Website, and to any works included therein, including texts, graphic design of the page and any materials comprising of the visual setting of the Website.

It is forbidden to copy, modify or other use of the web page of the Website or its part without the consent of the Website Administrator. The User may use works posted on the Website only within the scope allowed by the Polish and international law, in particular by the Act on Copyright and Related Rights (Journal of Laws No. 24, item 83 as amended).

Privacy Policy

By registering, placing an order or notifying of violations, the User voluntarily agrees to processing his personal data by the Website Administrator in order to provide the services covered by the Rules and Regulations, and certifies that information provided by him during the registration process is true and correct.

Personal Data of the Users are processed by the Website Administrator in compliance with the Act on Personal Data Protection dated 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended). The User has the right to access and review his personal data and in particular to amend or delete them.

The User agrees for the use of cookies by the Website which enable remembering information on the Users in order to improve Website's offer of services in terms of individual needs of the Users, in particular, in order to avoid a repeated presentation of the same content to the same User.

Technical requirements

It is recommended to use Chrome, Explorer or Firefox browsers in order to use the Website. Also, it is recommended to use the newest versions of the browsers. Nevertheless, according to our knowledge, the Website should work properly and be compatible with all versions of popular Internet browsers.

Changes to the Rules and Regulations

The Website Administrator has the right to implement changes to the Rules and Regulations having effect for the future, in particular for the following important reasons:

  1. introduction of a new functionality to the Website, which may not be used on the basis of current Rules and Regulations;
  2. a change arising out of the provisions of the law;
  3. a change to a current functionality of the page, in particular, in order to facilitate or improve comfort with the use of the Website;
  4. a change of the amount of the subscription fee or commission on conclusion of the license agreement.

The User will be notified of any change to the Rules and Regulations at least two weeks ahead of the date when the change is to be implemented. Information on the change to the Rules and Regulations will be visibly submitted on the main page of the Website for a month of the date of the change.

Any changes made to these Rules and Regulations will enter into force as of the date indicated in the information on such a change to the Rules and Regulations.

Final Provisions

These Rules and Regulations come into force on ________.

Matters not regulated herein shall be governed by the provisions of the Polish law and private international law and in the case of disputes - all disputes will be submitted for resolution to Polish courts.