Terms of Use

Last Revised 25/03/2016

These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of Photographer Plus ("Photographer+", "Us" or "We"), available at www.photographerplus.com, www.photographer.plus, as well as any other websites owned and/or operated by Photographer Plus (collectively, the "Site", ”Website”). By accessing the Site, viewing any content or using any services available on the Site, you signify your acceptance of these Terms and agree to our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.

Photographer Plus is a Neutral Venue

Photographer Plus is a neutral venue where Members can promote and list their products and services to the public. Photographer Plus does not provide any of the products or services offered by Members. Moreover, Photographer Plus does not endorse the products or services offered by Members nor do we guarantee the quality of their goods or services. Any transaction you enter into with a Member is solely between you and the Member. Photographer Plus is not responsible or liable for any dealings or transactions between users of the Site and Members. Photographer Plus is not a party to any such transaction and we will not be a party to any dispute arising out of or related to such transaction.

Membership

Membership to Photographer Plus is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in Photographer Plus is void where prohibited. Your Photographer Plus membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. By joining Photographer Plus, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (II) safeguard your username and password; and (iv) be responsible for all activity of your membership account. "Basic” and other unpaid memberships may be offered by Photographer Plus periodically. These unpaid memberships do not guarantee any advertising placement or other benefits. Photographer Plus reserves the right to modify the terms of or cancel any such unpaid memberships. There are currently NO minimum fees to join Photographer Plus for Members. Optional fee-based services are available but participation is NOT mandatory. Members with valid Accounts may opt into additional paid services ("Premium Services"). Photographer Plus may list the prices for these Premium Services on the Site, but it reserves the right to change these prices and to offer discounts and temporary promotions. A Member may terminate the membership services at any time in their account settings. Except as expressly provided herein, no refunds will be issued for subscription fees already paid to Photographer Plus. Upon termination or expiration of your account, Photographer Plus has no obligation to provide you with a copy of your Member Content and may delete your Member Content from our servers. We reserve the absolute right to reject your participation, or remove you from your current participation, in the Photographer Plus Site and/or services at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member. Photographer Plus reserves the right to modify, discontinue, temporarily or permanently, the Photographer Plus Site and/or services (or any part thereof) with or without notice. Photographer Plus shall not be liable to you or to any third party for modifications, price change, suspension, or discontinuance of the Photographer Plus services (or any part thereof).

Disputes among Members; Release.

You are solely responsible for your interactions with other Photographer Plus Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You agree to release Photographer Plus, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other Photographer Plus Members.

No Agency

You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate Photographer Plus in any manner whatsoever.

Prohibited Material and Activities

Visitors to and Members of the Site may not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Conduct any type of sweepstakes, promotion or contest without posting official rules
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by Photographer Plus in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Violate any terms of this Agreement

Photographer Plus reserves the right to refuse material and activities or to remove any material and activities from the Site in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from the Site. Photographer Plus may, in its discretion, but is not obligated to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic. The term “material” shall include both Member Content and User Generated Content as defined below (“Content Rights”). You agree that Photographer Plus does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Site. Photographer Plus reserves the right to prohibit access of any visitor in its discretion.

You Are Responsible for Your Content

You are solely responsible for the content that you provide, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, “submit”) on or through Photographer Plus, or transmit to or share with other users. We reserve the right to review and retain any and all information submitted by you through the Site, including but not limited to User Generated Content (as hereinafter defined) and personal messages sent through the Site. You may not submit content to Photographer Plus that you did not create or that you do not have permission to submit. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit Photographer Plus to copy, store, publish, display, distribute and otherwise exploit your content. Photographer Plus is not and shall not function as an archive. We have no liability to you or any other person for loss, damage or destruction to your content.

Content Rights

Member Content

Members retain their full rights to any content they upload to the Site, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “Member Content”) and Photographer Plus shall not acquire any rights to the Member Content except as expressly granted herein. By delivering or transmitting Member Content to Photographer Plus, Members grant Photographer Plus a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available Member Content as Photographer Plus deems appropriate for purpose of providing the services or to promote, directly or indirectly, services and/or Photographer Plus, including without limitation, the right to post Member Content in online and offline advertisements and on Social Media websites and applications (e.g., Facebook, Pinterest, Twitter, Google+, etc.). Further, each Member understands and agrees that Photographer Plus may (but is not obligated to) keep archives of Member Content for the purpose of maintaining business records of Photographer Plus and preserving evidence of its Site activity.

User Generated Content

Except with respect to Member Content described above, visitors grant to Photographer Plus a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Site (“User Generated Content”), such as comments, reviews or recommendations about the Site or about services. Photographer Plus reserves the right to amend, redact and/or delete User Generated Content for any reason.

Other Content

All other content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on the Site, is the property of Photographer Plus or its licensors or suppliers.

Copyright Complaints

Photographer Plus 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. Photographer Plus will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Photographer Plus of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of help@PhotographerPlus.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Photographer Plus to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the member who posted the affected Content. If you feel that your Content is not infringing, you may provide Photographer Plus with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at help@PhotographerPlus.com. You must include in your counter notice sufficient information to enable Photographer Plus to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Photographer Plus has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

Indemnification and Limitation of Liability

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party. In no event will Photographer Plus, its directors, employees, owners, agents, parents or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if Photographer Plus has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, Photographer Plus’s liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the Photographer Plus Site, not to exceed one-hundred United States dollars. You further acknowledge that if you pay no fees to Photographer Plus to use the Site and/or services, you are limited to injunctive relief only, and are not entitled to damages from Photographer Plus regardless of your cause of action.

THE SITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHOTOGRAPHER PLUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. PHOTOGRAPHER PLUS DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM PHOTOGRAPHER PLUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Law and Jurisdiction

By using Photographer Plus, you agree and acknowledge that Photographer Plus is hosted in the United States. If you are attempting to access Photographer Plus from a physical location within the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of Photographer Plus, you are transferring your personal information to the United States and you consent to such transfer, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and Photographer Plus.

Other Terms and Conditions

These Terms of Use, together with policies and guidelines referenced herein, constitute the whole agreement between you and Photographer Plus regarding the use of Photographer Plus Site and/or services. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be valid and enforceable in full force and effect. If Photographer Plus does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

Photographer Plus is owned and operated by BWMS LTD in Nicosia, Cyprus.