Photofacts Terms of Use
Version: 2 March 2011This is a translation provided for convenience. These terms were drawn up in Dutch and are governed by Dutch law; where the two texts differ, the Dutch version prevails.
| 1. | Terms of Use |
| 1.1. | These Photofacts terms of use (the "Terms of Use") apply to visiting and using the Photofacts website (the "Website") and/or the creation, amendment and use of an account by a user (the "User"), and to the website and related services offered by Photofacts ("Photofacts"). The Terms of Use form an integral part of the agreement between Photofacts and the User (the "Agreement"). |
| 1.2. | By visiting the Website and/or using an account, the User declares that they agree to the contents of these Terms of Use and to the rules of conduct set out in the Photofacts House Rules. |
| 1.3. | Photofacts has the right to amend the Terms of Use unilaterally. An amendment to the Terms of Use applies to an Agreement already in existence. By continuing to visit the Website and/or use the account after an amendment to the Terms of Use, the User is deemed to have accepted those amendments. |
| 1.4. | The Terms of Use, or one or more of the provisions contained in them, may only be departed from by written agreement between Photofacts and the User. |
| 2. | User registration |
| 2.1. | Before using an account, the User must register on the Website by creating a user profile (the "User Profile"). |
| 2.2. | The User shall provide the information requested by Photofacts in order to create the User Profile. |
| 2.3. | Where the User is a minor, the User is only permitted to create and use a User Profile and/or an account if the User has obtained permission to do so from a parent or legal representative. |
| 2.4. | The User warrants that the details in the User Profile are correct, complete and up to date. The User shall amend the details in the User Profile as soon as those details change. |
| 2.5. | Where the User provides information that is incomplete, incorrect or out of date, or where Photofacts has reasonable grounds to suspect that the information in the User Profile is incomplete, incorrect or out of date, Photofacts has the right to terminate the Agreement and to delete the User's User Profile and account without prior notice. |
| 2.6. | Photofacts shall process the details held in the User Profile in accordance with the Privacy Statement, as described in article 7. |
| 3. | Photofacts services |
| 3.1. | Photofacts offers the User the opportunity to visit the Website and to create, use and amend an account, subject to the provisions of these Terms of Use. |
| 3.2. | Photofacts may offer the User services (the "Services") for payment. The User will be informed through the Website or through the e-mail address held in their User Profile of the possibility of taking Services for payment. |
| 3.3. | Additional terms may apply to the offer and use of the Services for payment. |
| 3.4. | Photofacts shall not supply or charge the User for any Services for payment without the User's explicit prior consent. |
| 4. | Rights and obligations of Photofacts |
| 4.1. | Photofacts shall offer the Website, the accounts and the Services subject to the provisions of the Terms of Use and, where applicable, the additional terms referred to in article 3.3. |
| 4.2. | The Website, the accounts and the Services are offered and supplied by Photofacts without any warranty as to (uninterrupted) availability, security, fitness, absence of viruses, soundness or otherwise. |
| 4.3. | Photofacts reserves the right to change the design, content and functionality of the Website, the accounts and the Services without prior notice, or to cease offering them temporarily or permanently. |
| 5. | Rights and obligations of the User |
| 5.1. | The User may only use the Website, the accounts and the Services for personal, non-commercial purposes, subject to the provisions of these Terms of Use. |
| 5.2. | The User is permitted to create and maintain one (1) account only. |
| 5.3. | The User is not permitted to use the Website, the accounts and the Services contrary to the provisions of the Terms of Use, the relevant and applicable statutory provisions, the Dutch Advertising Code or the care that is proper in social intercourse. |
| 5.4. | Among other things, the User is not permitted to use the Website, the accounts and the Services for: |
| a. assuming a false identity; | |
| b. making unlawful statements, including racist, discriminatory and obscene statements; | |
| c. approaching, threatening or otherwise harassing people, companies and other organisations; | |
| d. commercial purposes and commercial communications, including placing banners and linking to commercial websites, including pornographic websites; | |
| e. offering, publishing, amending and/or reproducing software and other materials where such offering, publication, amendment and/or reproduction infringes the rights of third parties, including intellectual property rights; | |
| f. posting large quantities of messages (including spam), whether or not for a commercial purpose; | |
| g. spreading viruses; | |
| h. restricting the ability of third parties to use the Website, the accounts, the Services and/or the Internet. | |
| 5.5. | The User shall not publish on the account any images or other materials in which the intellectual property rights are held by third parties, without the permission of the rights holder. |
| 5.6. | The User is responsible and liable for the content of the account and for the texts, images and other materials placed on it. |
| 5.7. | The User is themselves responsible for obtaining and maintaining any software, hardware (including peripherals) and/or (Internet) connections needed in order to use the Services. |
| 6. | Privacy |
| 6.1. | Photofacts shall offer the Website, the account and the Services, and process the User's details, in accordance with the Privacy Statement. The User hereby gives Photofacts permission to process the User's personal data in accordance with the Privacy Statement. |
| 7. | Liability and indemnity |
| 7.1. | Photofacts is not liable for any direct or indirect loss, including but not limited to consequential loss, loss caused by delay and/or loss of profit on the part of the User, connected with or arising from the use of, or the inability to use, the Website, the account and the Services. |
| 7.2. | Without prejudice to anything provided elsewhere in these Terms of Use, the liability of Photofacts towards the User, on whatever ground, is limited per event to the fees paid by the User to Photofacts for the use of the Website, the account and the Services in the three (3) months preceding the event that caused the loss. |
| 7.3. | The User indemnifies Photofacts against all loss and/or claims of third parties connected with or arising from (a) the use of the Website, the accounts and the Services by the User, (b) the content of the account, and (c) any act and/or omission of the User contrary to the provisions of these Terms of Use. |
| 8. | Ending use |
| 8.1. | Photofacts reserves the right to cease or suspend the supply of the Website, the accounts and the Services to the User in whole or in part, and/or to remove the content of an account in whole or in part, and/or to delete the User's account and User Profile entirely, and/or to terminate the Agreement, where the User acts contrary to the provisions or the purport of these Terms of Use and/or where the content of an account is wholly or partly contrary to the provisions or the purport of these Terms of Use. |
| 8.2. | Either party has the right to terminate the Agreement in writing, subject to a notice period of thirty (30) days. |
| 8.3. | Photofacts is entitled to rescind the Agreement with the User out of court and with immediate effect, without further notice of default, where (a) the User is declared bankrupt; (b) the User's bankruptcy has been applied for; (c) the User has been granted a suspension of payments; or (d) a suspension of payments has been applied for on the User's behalf. |
| 9. | Intellectual property |
| 9.1. | The intellectual property rights in the Website, the account and the Services that Photofacts supplies or makes available to the User remain vested in Photofacts or its licensors. In so far as necessary for the User's use of the Website, the account and the Services, Photofacts grants the User a limited, non-exclusive, non-transferable right to use the intellectual property rights in the Website, the account and the Services. |
| 9.2. | The intellectual property rights in texts, images and other materials placed on the account by the User remain vested in the User or their licensors. Solely in so far as necessary for Photofacts to make available and supply the Website, the account and the Services, the User grants Photofacts a limited, non-exclusive, non-transferable right to use those intellectual property rights. |
| 9.3. | The User indemnifies Photofacts against all claims of third parties, and any resulting demands, relating to the use by Photofacts of the texts, images and other materials placed on the account by the User and the intellectual property rights in them. |
| 10. | Miscellaneous |
| 10.1. | The contents of the Terms of Use and the agreement between Photofacts and the User together determine the legal relationship between Photofacts and the User, and replace all earlier arrangements made between Photofacts and the User with regard to the Website, the account and the Services. |
| 10.2. | Photofacts may transfer its rights and obligations under the agreement between Photofacts and the User to third parties without the User's prior written consent. Photofacts shall notify the User in writing of any such transfer of rights and obligations. |
| 11. | Governing law and competent court |
| 11.1. | These Terms of Use and the use of the Website, the account and the Services are governed by Dutch law. |
| 11.2. | Disputes arising from the Terms of Use and/or the use of the Website, the account and the Services shall, if no amicable settlement of the dispute can be reached between Photofacts and the User, be submitted to the competent court in Arnhem, the Netherlands. |
Elja Trum
Photofacts; everything to do with photography!
Would you like to take better photos and keep up with what is happening in photography? Photofacts publishes articles that teach you something about photography — from a product announcement to a practical shooting tip or a look at a website. Photofacts covers photography every day and is a hobby project of Elja Trum's that got out of hand. The articles are written by a team of volunteer authors. If you would enjoy writing one or more articles for Photofacts, do get in touch.More about PhotofactsPhotofacts is made possible in part by
