TERMS AND CONDITIONS

TERMS AND CONDITIONS PHOTO GROTTO

DEFINITIONS

Content: all content, in the broadest sense, including but not limited to photographs, images, illustrations, text, user comments, messages, information, visual content and data.

Photo Grotto: Photo Grotto is controlled by Photo Grotto B.V. that is listed at the Chamber of Commerce under the number 64571165.

Terms: these terms and conditions

User: a natural person who accesses or uses the Website.

User Submission: any material submitted to the Website by User.

Website: the website of Photo Grotto, available at www.photogrotto.com.

APPLICABILITY

These Terms apply to all access and use of the Website. By using or visiting the Website, Users agree to these Terms If a User does not wish to agree to be legally bound by the Terms, User is advised not to access and/or use the Website.

These Terms do not apply to third-party websites, such as websites or apps that Photo Grotto refers to on its Website. Photo Grotto advises to consult the terms and conditions of these third parties on the relevant websites.

USER ACCOUNT

The Website could contain special pages or offer special features that are only accessible to registered users. To become a registered user, a User will have to create an account. Users must provide accurate and complete information when creating an account. Users are responsible to inform Photo Grotto of any changes to that information.

Each user account is for a single User only. On registration, User will choose a user name and password. Photo Grotto does not permit multiple Users sharing a user name and password and/or access through a single name and password being made available to multiple Users on a network.

Users are solely responsible for any conducted activities on their User account. If User suspects any breach of security, such as the disclosure, theft or unauthorized use of their account, User must notify Photo Grotto immediately.

Photo Grotto reserves the right to refuse access to and/or delete a User’s account in case of violation of the Terms, without being held to any compensation.

INTELLECTUAL PROPERTY

Unless explicitly stated otherwise, all Content, including but not limited to logos, tradenames, trademarks, the design and lay-out of the Website and all of its pages, all text, graphics and photographs are owned by or licensed to Photo Grotto, and are subject to copyright, design rights, trademarks and other intellectual property rights. Photo Grotto expressly reserves all rights.  Nothing contained on the Website should be construed as granting any license or right to use any trademark, design right or copyright of Photo Grotto or third parties.

GUARANTEES AND INDEMNIFICATION

With respect to possible User Submissions, User warrants that it will not:

  • Submit any material that is subject to third party intellectual property or other rights, including privacy rights, unless User is owner of such rights or has permission from the rightful owner to submit the material;
  • Submit any material that is unlawful, threatening, harassing, hateful, racially or ethnically offensive, obscene, pornographic, defamatory, libelous, or encourages conduct that would be considered a criminal offence or is otherwise inappropriate, as determined by Photo Grotto;
  • Submit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
  • Submit material that could damage Photo Grotto or any third party in any way.

User agrees to indemnify Photo Grotto from any and all claims from third parties, stemming from the breach of any of the warranties mentioned above.

Photo Grotto reserves the right to remove any User Submission from the Website that violates the Terms, as determined in good faith by Photo Grotto.

If Photo Grotto suspects that any User Submission infringes any third party rights or constitutes an unlawful act or crime, Photo Grotto reserves the right to inform the competent authorities. Photo Grotto will not be held to provide the relevant User with any information or explanation when informing authorities.

LIABILITY

While Photo Grotto will use reasonable efforts to include accurate and up to date information in the Website, Photo Grotto makes no warranties as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including but not limited to typographical errors and technical errors) in the Content.

Use of the Website is done at User’s own risk. Neither Photo Grotto, nor any other part involved in creating, producing or delivering the Website, nor any sponsors and third parties affiliated with Photo Grotto shall be liable for any direct or indirect damages arising out the use or access to the Website, including but not limited to damage to, or viruses that may infect, User’s device as a result thereof, unless the damage results from intent or gross negligence on the part of Photo Grotto.

Any damage resulting from following the proposed hyperlinks on the Website is beyond any liability of Photo Grotto, as Photo Grotto does not provide any guarantee regarding the use of these third-party websites or concerning the information provided on these sites.

To the extent that Photo Grotto should be liable for any damage sustained by the User despite the provisions above, said liability will be limited at all times to the direct damage – and therefore excludes indirect or immaterial damage – up to the amount that will be paid out pursuant to Photo Grotto’s statutory liability insurance and only if it is required by law to do so. In such cases, Photo Grotto is only liable if the User notifies Photo Grotto of the defect without delay, whereby Photo Grotto is afforded the opportunity to rectify or limit the defect within a reasonable timeframe.

PRIVACY AND PERSONAL DATA

Visiting the Website means that the User’s personal and other data may be collected, recorded and stored. Personal data are processed by Photo Grotto in accordance with its privacy policy that can be consulted on the Website.

Photo Grotto will handle personal data it has obtained with due care and process them exclusively in accordance with its privacy statement.

LINKS TO OTHER WEBSITES

This Website may link to other websites not maintained by or related to Photo Grotto. Such hyperlinks are provided as a service to Users. Photo Grotto has not in all cases reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other websites is at User’s own risk.

CHANGING THESE TERMS

Photo Grotto reserves the right, at its sole discretion, to make changes to any part of the Website and modify or replace these Terms in whole or in part at any time. If Photo Grotto is of the opinion that the alterations constitute a material change to the Terms, Photo Grotto will notify the User in due time by publishing such changes on the Website.

Users shall be responsible for reviewing and becoming familiar with the most recent version of the Terms. Using or accessing the Website following notification of a material change to the Terms shall constitute the acceptance of the Terms as modified.

Refer to the section ‘Last updated’ below, to find out when these Terms were last updated.

FINAL PROVISIONS

The nullity of any provision of these general terms and conditions does not affect the validity of the other provisions.

These Terms are governed exclusively by Dutch law. Any disputes of any nature that arise between the User and Photo Grotto in connection with the use or application of these terms and/or use of the Website will be submitted exclusively to the competent court in Amsterdam.

 

Last updated: 28-05-2018