Photovisi Terms and Conditions of Use
Effective date: 1 August 2015
All collages you make are private by default and not visible to anyone else except yourself. Only when you have an account and check the 'Publish to gallery' option when saving your collage, we may publish your collage in our gallery.
For users who might be concerned about losing ownership rights on the photos or other content uploaded to our site: You retain all rights on content uploaded or submitted to us. The output of our collage tool (the collage image) is the sole property of Photovisi (see Article 6.1 below).
Article 1. Applicability
- These general conditions (hereinafter referred to as the "Conditions of use") apply to any use by a natural person (hereinafter referred to as the "User") of the Photovisi website, services and applications (including mobile applications) that are made available by Photovisi (collectively: the "Service").
- It may occasionally happen that Photovisi offers a special function for which separate terms and conditions apply. In that case, the provisions relating to the special function shall take precedence over these Conditions of use and these Conditions of use shall only apply additional as far as it concerns the use of the Service.
- In the event that Photovisi permitted deviations from the present General terms and conditions for a short or a longer period of time, whether or not implicitly, then this shall not affect its right to demand direct and strict compliance with these terms and conditions as yet. The User cannot derive any rights from the way in which Photovisi apply the conditions of use.
- The Conditions of Use are also applicable on all agreements with Photovisi for the execution of which external parties need to be involved. In terms of the User, these third-parties can appeal directly to the Conditions of use, including any limitations or exclusions of liability.
- Should one or more provisions of the present terms and conditions or of any other agreement concluded with Photovisi be in breach of a mandatory statutory provision or any applicable legal provision then the relevant provision shall expire and shall be replaced by a new, legally permissible and comparable provision to be established by Photovisi.
Article 2. Use of the Service
- A User must be at least 13 years old to use the Service.
- The User is personally responsible for keeping and safeguarding his password.
- The User is responsible for all activities that take place through his/her account and the User agree that he/she will not sell, transfer, licence or give away his/her account, followers, user name or rights to his account. With the exception of persons or companies who are expressly authorized to create accounts on behalf of their employers or clients, Photovisi does not allow the creation of accounts for someone other than the User himself. The User agrees that all information that the User provide or have provided to Photovisi upon registration or at any other time is true, accurate, current and complete and the User agrees to update his/her data when necessary to ensure that this is true and accurate.
- The User may not use the Service for illegal or unauthorised purposes. The User agrees that he/she will comply with all laws, rules and regulations that govern the use of the Service and the Content (as defined below), including, but not limited to legislation on copyright.
- The User is solely responsible for his/her own conduct and any data, text, files, information, user names, photos, pictures, profiles, audio and video clips, sound, music, copyrighted works, applications, links and other content or materials (collectively: the "content") that the User sends, publishes or displays on or through the Service.
- The User is also expressly forbidden to, via the Service:
- defame, stalk, harass, verbally abuse, bullying,, threaten ridicule or intimidate other natural or legal persons or to publish private or confidential information through the Service, including, but not limited to credit card information, social security numbers, or alternative national identity data, non-public telephone numbers or non-public addresses;
- publish violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content through the Service;
- try to retrieve, to collect or to use the logon information of other Photovisi-users;
- include a domain name or web URL in his/her user name without the prior written consent of Photovisi;
- adjust, change or modify the Service or any other website that it would falsely imply that this is in any way related to the Service or Photovisi;
- give themselves or another access to the Photovisi API, except as allowed by Photovisi. The use of the Photovisi API is subject to separate API terms and conditions;
- send unwanted emails, comments, likes or other forms of commercial or otherwise inappropriate communication (or "spam") to other Photovisi-users;
- interfere with or disturb the Service or servers or networks connected to the Service, for example by distributing worms, viruses, spyware, malware or other destructive or disruptive code;
- inject code or content or to implement other adjustments or to intervene in the way a Photovisi-page is displayed in a User's browser or device;
- create accounts for the Service in unauthorised ways, including, but not limited to the use of an automated device, script, bot, spider, crawler or scraper;
- 'scrape', 'crawl', 'cache' or gain access by any automated means to Content on the Service, including, but not limited to user profiles and photos (except where this is the result of normal search engine protocols or technologies used by a search engine with Photovisi's express permission).
- Violation of these Conditions of use may, to Photovisi's sole discretion, result in termination of the subscription (as defined below) and termination of the Photovisi account of the User. The User agrees that Photovisi cannot and will not carry any responsibility for the Content that is published on the Service and that the User uses the Service entirely at its own risk. If the User violates the letter or spirit of these Conditions of use or represents a legal risk or a risk of any other nature for Photovisi, Photovisi is entitled to discontinue supplying the Service to the User, either completely or partially.
- The User agrees that he/she is responsible for all data expenses he/she incurs through the use of the Service.
Article 3. Subscriptions
- In addition to being able to use the Service for free, Photovisi also offers the possibility of taking out a paid subscription (hereinafter referred to as: the "Subscription") related to the use of the Service.
- If it was agreed that the payment of subscription fees will be made through a debit order, the User authorised Photovisi to do so.
- If payment is made by means of a debit order, the User shall ensure sufficient funds are available in the specified bank account so that payments can be made.
- In the event of late payment, for instance in the event of a rejection of the debit order or due to an insufficient balance on the specified account, or after the expiry of the agreed term of payment, the User is legally in default without further notice of default being required. All collection costs incurred by Photovisi - both in and out of court - shall from then on be that of the User.
- If payment hasn't been made in time, Photovisi reserves the right to convert the User's account to a free account and to unilaterally terminate the Subscription.
Article 4. Supply of Digital Products
- Products that the User make use of through the Photovisi website, are provided in the form of a digital file (hereinafter referred to as: the "Digital Product").
- Free Digital Products can be supplied by Photovisi with a quality limitation, including but not limited to a low resolution or with a watermark or a combination of limitations. If paid, the User will receive a Digital Product without quality limitations.
- Digital products are only made available to the User as a download after the User has successfully completed the payment process via the Photovisi website, unless expressly agreed otherwise.
- If the User has a Subscription, the User can download Digital Products without any quality limitation, as long as the number of downloads allowed according to the agreed Subscription with User, is not reached.
- The contents of the Digital Product also include content supplied by the User. The User is responsible for the accuracy and completeness of the Content provided by him/her.
- Photovisi does not guarantee that the Digital Product is suitable for the specific purpose for which the User uses or wishes to use the Digital Product, unless Photovisi expressly indicates otherwise.
- Although Photovisi exerts all reasonable effort in order to ensure the safety of Digital Products, Photovisi doesn't guarantee that the Digital Products it supplies are free of viruses, malware and other malicious scripts which may affect the integrity of the User's system or that used by third parties. The User indemnifies Photovisi against all costs and damages related to claims by third parties in this respect.
- The prices in the Photovisi offers include VAT and other Government levies, but exclude any shipping costs. The shipping will be indicated clearly in the offer.
Article 5. Payment conditions
- Unless expressly agreed otherwise, the payment of any amounts due are made in advance in a manner indicated on the Photovisi website.
- All online payments on the Photovisi website take place through a Payment Service Provider (hereinafter referred to as: the "PSP") appointed by Photovisi. Photovisi takes all necessary precautionary measures within reason to guarantee the security of the payment method offered as far as possible. Photovisi nevertheless doesn't accept any liability for damage and/or loss resulting from a violation/breach of the security/security system of the offered payment system or the PSP (or errors in the PSP's software). This is only different if said damage and/or said loss results directly from a serious error on the part of Photovisi and/or its employees. In this context, the User shall indemnify Photovisi against any claim in this regard.
- If payment has not been made in advance, Photovisi will supply the User with a digital invoice for the amount due. This invoice must be paid within thirty (30) days of the invoice date in a way indicated by Photovisi, in the invoiced currency.
Article 6. intellectual property and user's rights
- Photovisi shall not acquire any ownership of the Content published by the User on or through the Service. Instead, in respect of the Content, the User grants Photovisi a non-exclusive, fully paid and royalty-free, transferable, worldwide and unlimited license on the use and exploitation (sale) of the Content and the right to issue a sub-license on the Content (for example in White Label applications), also including the use of the Content for promotional and commercial purposes.
- Some parts of the Service are supported by advertising revenue and may therefore contain advertisements and promotions. The User agrees that Photovisi may display such advertising and promotions on the Service or in combination with the Contents of the User. The appearance, content and scope of such advertising and promotions are subject to change without specific notice to or consent of the User.
- The User acknowledges that Photovisi may not always identify paid services, sponsored content or commercial communication as such.
- The User declares and guarantees that: (i) The User is the owner of the Content that is published by the User on or through the Service or he/she is otherwise entitled to grant the rights and licenses that are listed in these Conditions of use, (ii) publishing and use of the Content on or through the Service doesn't infringe the rights of third parties , including, but not limited to, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights, (iii) the User agrees to pay all royalties, fees and other money that may be due because of the Content that the User publish on or through the Service, and (iv) the User has the legal right and authority to accept these Conditions of use in his/her jurisdiction.
- Photovisi reserves the right to remove Content from the Service for any reason and without prior notice. Content that is removed from the Service, may be stored by Photovisi, for example, to comply with certain legal obligations, but this may not be retrieved and/or accessed without a court order.
- The Service contains content that is owned by or licensed to Photovisi ('Photovisi-content'). Photovisi-content is protected by legislation on copyright, trademarks, patents, trade secrets, and other legislation. Photovisi has and retains all rights pertaining to the Photovisi content and the Service. The User is not permitted to remove, modify or hide any notice on copyrights, trademarks, service marks or other proprietary rights that are included in or at the Photovisi content. The User is also not allowed to reproduce, modify, adapt, perform, display, publish, distribute, transmit, broadcast, sell, license or exploit Photovisi content in any other way, or to create anything derived from this content.
- The Photovisi name and the Photovisi logo are Photovisi trademarks, and may not be copied, imitated or used without Photovisi's prior written consent, not in part or as a whole. In addition, all headers, customised graphics, button icons and scripts are Photovisi service marks, trademarks and/or logos that may not be copied, imitated or used without Photovisi's prior written consent.
Article 7. Maintenance, updates and malfunctions
- Although Photovisi intends to make the Service available as much as possible, it is possible that the Service may be interrupted, for example due to scheduled maintenance activities or upgrades, emergency repairs or failed telecommunications links and/or equipment.
- Photovisi will endeavour to fix any errors or malfunctions within a reasonable period of time, but Photovisi doesn't guarantee that it will (be able to) fix all errors and malfunctions. The Service is offered “as is”.
- Photovisi is allowed to change the Service at any time, at its sole discretion, if Photovisi deems this necessary and only as far as the agreement concluded with the User is not affected. Photovisi does not require any prior consent of User.
- Photovisi is entitled to temporarily disable (part of) the Service in the context of planned maintenance, an update or for fixing severe malfunctions and threats without prior notice to the User and without being liable to pay any compensation or any refund.
Article 8. Storage and loss of data
- Photovisi advises the User to make its own (local) back-ups of the Content. Photovisi is not a backup service and the User agrees that the User don't only rely on the Service for backup or storage of Content.
- Photovisi does not accept responsibility for any modification or suspension or discontinuance of the Service, or for the loss of Content. The User also acknowledges that the security of internet connections can never be guaranteed fully and that sending content or other information by internet may therefore not be completely secure.
Article 9. Indemnification
- The User agrees that Photovisi is not responsible for the Content posted on the Service and that it may not be assumed that Photovisi approves or recommends such content. Photovisi is not required to pre-screen, monitor, edit or remove Content. The User indemnifies Photovisi against all claims in this regard.
- The User agrees that all Content that the User posts on the Service is non-confidential and free from third-party property rights, and that Photovisi is not liable for any use or disclosure of the Content. The User indemnifies Photovisi against all claims in this regard.
- The User also acknowledges and agrees that the relationship that the User has with Photovisi doesn't involve any confidential, fiduciary, or other type of special relationship, and that the decision of the User to send Content doesn't place Photovisi in a position that is different from the position of the general public, including with regard to the Content. None of the Content will require confidentiality from Photovisi and Photovisi shall not be liable for any use or disclosure of the Content provided by the User.
- If the User decides to send Content, information, ideas, suggestions or other materials through the Service, the User agrees that Photovisi shall be free to use such Content, information, ideas, suggestions or other materials for any purpose whatsoever, including, but not limited to developing and marketing of products and services, without any liability or payment of any kind to the User.
- The User is solely responsible for his interactions with other Users of the Service, both online and offline. The User agrees that Photovisi is not responsible or liable for the conduct of any User whatsoever and shall indemnify Photovisi against all claims in this regard.
Article 10. Termination of the Service, accounts and user names
- Photovisi reserves the right to change the Service or to suspend the User's access to the Service for any reason without prior notice, at any given time and without any liability to the User. For current Subscriptions, the interim termination of the Service will be done based on a proportional refund of already paid subscription fees.
- Photovisi reserves the right to terminate the right to use a user name for any reason. The User cannot derive any rights from a chosen and/or used user name.
- The User can deactivate his account by signing in to the Service and by terminating his account online.
- Termination of a Subscription is only possible at the end of the agreed subscription period, considering the applicable notice period. Interim termination of a Subscription for a fixed duration is not possible. It is however possible to terminate the account in the interim. However, in this case no refund will be made of Subscription fees that were already paid.
- When Photovisi terminates the User's access to the Service or if the User deactivates his account, the Content and any other information and data will no longer be accessible through the account (for example, the User can no longer navigate to the user name and the pictures), but these materials and data can remain on the Service (for example, if the Content was shared again by others).
- Upon termination, all licenses and other rights granted to the User under these Conditions of use, are terminated immediately.
Article 11. Liability
- Unless there is intent or gross negligence, Photovisi's liability for direct damages suffered by the User as a result of an accountable failure in the fulfilment of Photovisi's obligations under the agreement, or by a wrongful act by Photovisi, its employees or third parties appointed by Photovisi, as well as damage caused by death or personal injury or for material damage of goods per event or a series of related events, shall be limited to the amount that the insurance will pay. If the insurance doesn't make any payment, the liability shall be limited to € 10,000.00 (in words: ten thousand euros).
- Photovisi's liability for indirect damage, including consequential damages, lost profits, lost savings, damage or loss of (commercial) data, data on Photovisi's storage or equipment and damage due to business stagnation, shall be excluded.
- Photovisi is also specifically not liable for loss of stored data in the Service. The User is at all times aware of the fact that the Service is not intended for storage or backup purposes.
- Photovisi's liability due to attributable failure in the performance of the agreement arises only if the User informed Photovisi properly and without delay of its default, in writing, with a reasonable period for remedying the shortcoming, and Photovisi remains in default of his obligations, even after that term.
Article 12. Defects and complaint terms
- Photovisi reserves the right, but has no obligation, to monitor disputes between Users or to fulfil a conciliatory or corrective role.
- Complaints about other Users or the Service must be reported by the User within fourteen (14) days after discovery by contact form: go to contact form.
- If a complaint is justified, Photovisi will still supply the digital products or Service as agreed, unless the User can prove this has since become pointless. The latter should be confirmed by the User in writing.
- If still delivering the products or Service is no longer possible or meaningful, Photovisi shall only be liable within the limits of these Conditions of use.
- If the complaint is directed at the behaviour of other Users, Photovisi will, at its discretion, take appropriate measures against this User. The User who submitted the complaint cannot derive any rights from filing of the complaint.
Article 13. Changes in Conditions of use
- Photovisi is entitled to change these Conditions of use, provided that Photovisi informs the User of the intended changes at the latest thirty (30) calendar days before the implementation of the changes. Minor changes can be made at any time, without the User being entitled to unsubscribe.
- If the User objects to the changes in a timely manner, Photovisi will reconsider the changes and revoke this if Photovisi deems the objection justifiable.
- If, however, Photovisi continues with the changes, despite the User's objections, the User shall have the right to terminate the Subscription from the time the changes come into force and under refund of already paid subscription fees.
Article 14. Other conditions
- Dutch law is applicable on the use of the Service, the Subscription and the Conditions of use.
- For so far as the rules of imperative law doesn't decide otherwise, all disputes that may arise from the Service shall be brought before the competent court in the District of Photovisi's place of establishment.
- The version of any communications retrieved or stored by Photovisi and administration is regarded as authentic and compelling evidence, in the absence of proof to the contrary by user.
- In these Conditions of use, "in writing" also includes communication by e-mail, provided that the identity of the sender and integrity of the content is suitably established.
- If the User is acquired by a third party or if the User acquires a third party, he/she shall always report this immediately to Photovisi once the User has become aware of the acquisition.
- Photovisi is entitled to transfer its rights and obligations under the Agreement to a third party that takes over the Service or the relevant business activity from it.
- If one or more provisions under these Conditions of use are void or voidable, in its entirety or partly, at any time, then the remainder of these Conditions of use shall remain applicable in full. Where appropriate, the invalid or destructible provision shall be replaced ipso jure by a provision of comparable scope, legally allowed.