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Terms and Conditions of Use
Terms & Conditions
The following document contains the terms of use of the photos.identify-it.ru website. Before using any of the photos.identify-it.ru services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. You can review our Privacy policy, which outlines our practices towards handling any personal information that you may provide to us. Acceptance Of Terms The web pages available at photos.identify-it.ru and all linked pages (“Site”) is accessed by you under the Terms of Use described below (“Terms”). Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy , governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site. By using photos.identify-it.ru you agree to all the terms below. Description Of Service The Site is an online community which enables photographers and others to post photographs and images, share comments, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content photos.identify-it.ru makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, comments, information, data, graphics, photographs, images and software. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of photos.identify-it.ru . photos.identify-it.ru reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. photos.identify-it.ru may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site. Registration As a condition to using Services, you are required to open an account with photos.identify-it.ru and select a password and username. The registration information you provide must be accurate, complete, and current at all times. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar. You are responsible for maintaining the confidentiality of your password. Services are available only to individuals who are at least 18 years old. The Services are for use by individuals who are photographers. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services. User Conduct All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not photos.identify-it.ru are entirely responsible for all Content that you post, or otherwise submit to the Site. photos.identify-it.ru does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use the Services: To abuse, harass, threaten any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication to obtain password, account, or private information from any photos.identify-it.ru user; To create or transmit unwanted ‘spam’ to any person or any URL To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content; You will not 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: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, artificially alters the results of Services; To advertise to, or solicit, any user to buy or sell any 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 consent; To promote or sell Content of another person To sell or otherwise transfer your profile. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to photos.identify-it.ru at email: help@photos.identify-it.ru . Content Submitted Or Made Available For Inclusion On The Service Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting photos.identify-it.ru a worldwide, Non exclusive license to use the content and are representing and warranting to photos.identify-it.ru That the content is owned or duly licensed by you, and that photos.identify-it.ru is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party. In consideration of photos.identify-it.ru ’s agreement to allow you to post Content to the Site and photos.identify-it.ru ’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with photos.identify-it.ru as follows: You acknowledge that: By uploading your photographic or graphic works to photos.identify-it.ru you retain full rights to those works that you had prior to uploading. By posting Content to the Site you hereby grant to photos.identify-it.ru a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site; The license granted to photos.identify-it.ru includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to photos.identify-it.ru by you; photos.identify-it.ru uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, photos.identify-it.ru makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content. You represent and warrant that: You are the owner of all rights, including all copy rights in and to all Content you submit to the site; You have the full and complete right to enter into this agreement and to grant to photos.identify-it.ru the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by photos.identify-it.ru of the Content as contemplated herein; The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against photos.identify-it.ru , all of which such rights are hereby expressly and irrevocably waived by you in favour of photos.identify-it.ru . Please, upload only nice and unique photos. If you use more than your fair share, we may gradually limit your account. Store Photos and images are sold by photos.identify-it.ru pursuant to the license granted below. In connection with the foregoing, in addition to the licenses you grant to photos.identify-it.ru elsewhere in these Terms, you grant to photos.identify-it.ru a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Photos and Images (the “Store License”). The Store License includes the right for photos.identify-it.ru to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the photos.identify-it.ru Site, the Store, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your credits. Your Store Images will be licensed to Customers by photos.identify-it.ru in accordance with the photos.identify-it.ru Customer License in effect at the time the Customer purchases your Store Image. The following terms and conditions shall apply to payment of Fees to you for your Store Photos and Images sold through the Store: The purchase and sale of your Store Images will be deemed to be complete 45 days after payment is received by photos.identify-it.ru from the Customer. Fees shall not be paid in respect of any Store Image that is returned by the Customer for exchange or refund. photos.identify-it.ru may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you. photos.identify-it.ru shall not be obligated to pay any Fees in respect of Store Images that are used in the Store, the Site, third party sites, or in other locations for promotional purposes. photos.identify-it.ru may terminate your account at any time for any reason or no reason. All Store Images remaining in your Store account will be removed by photos.identify-it.ru upon termination of your store account. Copyright Complaints photos.identify-it.ru respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Links The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because photos.identify-it.ru has no control over such sites and resources, you acknowledge and agree that we not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that photos.identify-it.ru shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Release And Indemnity You hereby expressly and irrevocably release and forever discharge photos.identify-it.ru, their officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless photos.identify-it.ru their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of: a breach of these Terms, Content posted on the Site, the use of the Services, by you or any person using your account or photos.identify-it.ru Username and password, any violation of any rights of a third party. We are not liable if something goes really wrong. Always have a backup of your photos. Limitation Of Liability In no event shall photos.identify-it.ru be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, to provide substitute goods or services (however arising), or for any direct damages. Termination photos.identify-it.ru may terminate or suspend any and all Services and/or your photos.identify-it.ru account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your photos.identify-it.ru account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account photos.identify-it.ru will automatically remove all Content posted to your account. Change photos.identify-it.ru reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, photos.identify-it.ru will notify you by posting an announcement on the site. What constitutes a material change will be determined at photos.identify-it.ru ’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified. Miscellaneous No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind photos.identify-it.ru in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. photos.identify-it.ru shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond photos.identify-it.ru ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. photos.identify-it.ru may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
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