4. Users registration
Users may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive and vulgar. Every single user is responsible for maintaining the confidentiality of his password and are solely responsible for all activities resulting from the use of your password and conducted through your photoandphoto.com account.
Services are available to authorized representatives of legal entities and to individuals who are either at least 18 years old to register for the four type of Accounts or licensed Visual Content through photoandphoto.com, or at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Visual Content; and b) entities that represent owners of Visual Content including, but not limited to, galleries, agents, representatives, distributors, and other market intermediaries. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.
5. User conduct
All posted contents (news, text images and more) submitted to the Site, and any comments, or other communications is the only responsibility of the account holder from which such posting are originate. You acknowledge and agree that you, and not photoandphoto.com, are entirely responsible for all contents that you post, or otherwise submit to the Site. Photoandphoto.com does not control user submitted contents and does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to contents that is offensive, indecent, or objectionable.
As a condition of use, you promise to respect by our contents Guidelines and not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by photoandphoto.com.
The above statement and declarations you agree not to use the Photoandphoto.com Services:
A) To abuse, molest, threaten, impersonate, or intimidate any person;
B) To post or transmit any Content that is defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
C) To communicate with photoandphoto.com representatives or other users in case of abusive or offensive manner;
D) For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
E) To post or transmit, any information designed or intended to obtain password, account, or private information from any photoandphoto.com user;
F) To create or transmit unwanted SPAM to any person or any URL;
G) To create multiple accounts for the purpose of voting for users’ Visual Content;
H) To post copyrighted contents that does not belong to you, where you may post such content subject to providing appropriate attribution to the copyright owner and a link to the source of the content;
I) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures we may use to prevent or restrict access to the Site;
L) To artificially inﬂate or alter vote counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
M) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit approval;
N) To sell, assign, or otherwise transfer your Profile or your account.
To report a suspected abuse of the Site or a breach of the Terms please send written notice to photoandphoto.com at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. Photoandphoto.com reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through photoandphoto.com messenger service, based on any reports that photoandphoto.com receives alleging the violation of these Terms including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms above in any way, photoandphoto.com may at its sole discretion, to suspend or terminate your account, disable your access to the Site and/or take.
6. Paid account services
Photoandphoto.com provides paid account services.
To register for a Paid Account on P&P, you must be at least 18 years of age and have a valid photoandphoto.com account.
The following terms and conditions are applied specifically to Piad Account holders:
1) Services available to Paid Account holders are specified in your account settings page.
Paid Accounts are available on an annual membership, and are listed as follow:
A) Basic Accout B) Advanced Account and C) Ambassador Account.
2) Photoandphoto.com may suspend the Services provided to Paid Account holders at any time at its sole discretion and without advise.
3) You can delete your auto-renewals setting at any time on your account settings page.
You will have access to your membership until the Piad Account expiry date.
After that date you will be downgraded to a free membership.
6) We do not provide refunds on annual subscription payments.
7. P&P Users storage policy
Photoandphoto.com maintains a fair storage policy to ensure stable and fast service to all users. The storage limits set forth in the Terms may be changed from time to time without notice and you are responsible for complying with such changes.
Free accounts are limited to a maximum of 72 images.
Any additional storage may result in restrictions on your account including limited access to your Visual Content or a requirement to upgrade.
Paid Accounts have unlimited uploads (only Ambassador account) and storage, and the numebr of uploads are specified in the homepage and in the respective pages.
8. Content Submitted on the P&P Services and for Licensing
1) With submitting photos and other contents to photoandphoto.com Licensing, you grant to photoandphoto.com a non-exclusive or exclusive, worldwide license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such photos and others contents in connection with the Services.
This license will persists for the period during which the photos and others contents is posted on the Photoandphoto.com web Site and will automatically terminate upon the removal of the same contents.
2) The license granted to photoandphoto.com do not includes the right of use the Photos Content for promotional reasons and to distribute and redistribute to other parties, as websites or for promotional use.
3) When you send a license to photoandphoto.com, you waive any moral right (and similar rights) with respect to the Visual Content to the extent permitted by law and, if no waiver is permitted, you agree not to assert the right against photoandphoto.com or our distributors or customers;
3) Users registered to Photoandphoto.com who send image content or other services, reserved to the owners of their content and are subject to the multiple rights granted in the choice of their respective licenses.
4) Photoandphoto.com reserves in any case the rights to accept or eliminate of such content in compliance with the regulations in force and description in the previous points.
5) Photoandphoto.com does not guarantee that the contents published on the site will not be illegally copied without your consent. Photoandphoto.com does not limit the ability of users and site visitors to make low-resolution or "miniature" copies of visual content published on the site and the user expressly authorizes photoandphoto.com.
6) Photoandphoto.com takes reasonable steps to ensure that your rights are not violated, but photoandphoto.com has no obligation to pursue legal action against any alleged perpetrator of a violation of any rights and content.
You declare and warrant that:
1) You are the only and exclusive owner or you are the authorized representative of the owner of all rights, including all copyrights and all Content that you send to the Site.
2) You have full and complete authority and the right to enter into this agreement and to grant photoandphoto.com the rights to publish the content that you have granted and that no further authorizations or payments are required from any other party.
3) You are not violating an agreement with any other third party by submitting contents to photoandphoto.com.
4) The content you send is original and does not violate the copyrights of third parties and will not contain any issue that violates any applicable law, rule or regulation and will not defame, violate the law or privacy or advertising or trademark, intellectual property rights o third party property rights.
5) The Content sent to photoandphoto.com does not include any material that could be considered obscene, pornographic, offensive and terrorist, and which violates the publication laws described in the previous points.
6) Any information on copyright management or other information sent with the Visual Content is relevant, accurate and complete and does not contain false information, and complies with the applicable presentation guidelines of photoandphoto.com.
7) The visual content does not contain viruses, spyware, Trojan horses or other harmful or deleterious programming or programming codes.